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.
all seake vnlavvfull meanes to his distrustion This vehement presumption of her innocencie is much holpen for that she vvold not coÌ„sent to a diuorse betvveÌ„ her and the lorde Darlie as vve shall hereafter declare thoughe she vvere moued thereto by a greate numbre of her nobilité and by such as be nowe her greateste aduersaries â— adde farther thereto as a greate and an vrgeÌ„te presumptioÌ„ and token of her innocencie and pure conscience The Quene coÌ„trarie to the minde of her nobles came into Englande that she voluntarilie came into Englande refusinge the offers of diuers of her ovvne subiects vvho besovvght her grace to repaire into theire quarters proferringe to preserve her grace sauf therein vvhere she knevve right vvell vvere the father and mother of the saide lorde Darlei And a noble Quene that vvolde not see the bloudde of her neare cosen vnrevenged and a vvorthie sorte of men of nobilitie also vvho vvolde neither suffer suche a facte to passe and escape vnpunished nor so vertuouse and gwyltles a Quene to remaine withoWte aide helpe and succour beinge Withe rebells aÌ„d traitours shamefullie opressed aÌ„d bereaued of her roiall dignitie The worthie sainge also of the Wise Cassius Cicero pro milo ys here to be remeÌ„bred The notable saieÌ„ge of Cui bono Wherby he did signifie that in suche dowbtfull coÌ„iectural cases a man maye make a greate aime and coniecture against the persoÌ„ appeached Cassiê° cui bono yf by the facte doinge he shoulde enioie anie special profitt emolumente or commoditie Yf the Quene had after his fatall and finall ende purchased to her self the matchinge in mariage Withe anie greate and mightie Prince for her greate aduancement or anie other encrease of her honour or aduantage whatsoeuer there had bene some color aÌ„d shewe Whereby you might haue an apparent presumptioÌ„ Againe she was not ignorante but that his deathe either procedinge from suche nawghtie meanes or otherwise naturallie was likelie to be a meruelouse greate staie and impedimeÌ„te to her greate affaires AmoÌ„ge other things the testimonie aÌ„d coÌ„fessioÌ„ of diuers gwyltie as they be reported executed in ScotlaÌ„de for the saide offeÌ„ce which they opeÌ„lie made at the time of theire deathe dothe tende muche to the aduancinge and approbation of her innocencie Theys men yet paradueÌ„ture will replie and saye that theys are but slender presumptioÌ„s And yet were yt so that they were of force sufficiente they must yelde to an approued trewthe It remainethe now then that We coÌ„sider hovve suer and substanciall theire prouf ys Concerninge therefore the first ê‘te We Will not al to gether denie but that she Was somewhate estraÌ„ged from him aÌ„d therefore they might haue spared a greate sorte of theire neadelesse aÌ„d friuolouse arguments and yet flatt and plaine lies Withall to proue the same But fie vpon the crueltie of theis accusers The Quenes ennemies laye to her discorde with the lorde Darley wherof they were the authours Who vvere the verie authours them selues And them selues the onlie Workers and bringers to passe of all this discorde traininge this selie yonge gentleman by theire gwylefull and vvilie circumuentions Wretchedlie to conspire Withe them against his owne deare Wife and dreade Souereigne to the moste cruell and detestable slawghter of her trustie Secretorie Dauid and to the imprisonmente of the roiall person of the verie Quene her self Theis and manie other like prancks and practises as the reuocation of you the Erle murraie and of other traitours of your allie and affinitie vvith ovvte the Quenes knowledge by the lorde darley his yowthfull rashe and temerariouse deuice to departe the reaulme vvithe manie other like practises purposes and atteÌ„pts for his princelie parson verye vnmete and farre vnseamelie ye craftelie suppresse and speake no vvorde off for feare off burnynge your ovvne clothes I saye therefore fie aÌ„d dovvble fie vpoÌ„ the impudeÌ„cie of theis traiteurs Novve to laye to the Quenes charge and reprochfullie to obiecte to her changinge of her minde tovvarde her husbande vvich rose aÌ„d begane vppon causes for the vvich they had bene longe earst trysed vppe yff they had not fortuned vppoÌ„ aÌ„d mett vvith so gratiouse a maistresse As I knovve and they thovvghe vndeseruinge yt do vvell feale that the vvhole vvorlde hathe verie fevve her like And yet all this your preteÌ„sed alienation of her accustomed faueur from hym not vvith staÌ„dinge her verie motherlie care for besids all other respects thovvghe they Were not farre differente in yeares she vvas to him not onlie a loyall Prince a louinge aÌ„d deare vvyfe but a most carefull and tendre mother vvith all vvas neuer a deale lessed or minisshed Albe yt for a time she did dissemble and forebeare ovvtevvardelie to shevve and vtter her invvarde harte and affectionate loue vpon moste iuste and good respects As the manner and practise of prouidente and moste louinge parents oftentimes ys tovvarde theire deare children for the better reclaiminge of the vvanderinge minde and vvaueringe vvill of the yovvthfull vnaduised gentleman And therfore heatinge and advertissed that he vvas repentante and sorovvfull and that he desired her presence she vvithoute delaie thereby to renevve quicken and refreshe his sprites aÌ„d to comforte his harte to the amendement and reparinge of his healthe lateli by sicknes sore impaired The Quene vvas fullye reconsiled to the l. Darley before his deathe hasted vvith suche speade as she conuenientlie might to see and visit him at clasco Where as also at diuers other places especiallie at Edenborovvghe she froÌ„ time to time most louingelie entertayned and most tenderlie cherisshed him euer eauen to the verie laste hovvre that euer she savve him Whereby yt did to all men moste euidentlye appere that all manner of displeasure or variaÌ„ce vvhatsoeuer your coniecturall surmises suppose to haue bene betvvene them or your seditiouse practises and ambitiouse procedings had sovven in theire stomaks and mindes vvas not onelie novve vvell asvvaged and fullie appeased but vtterlie for euer quenched as beinge altogether forgotten and troden to your muche mislikinge and greate discomforte vnder foote of them bothe neuer to be renevved againe But for as muche as theys men do vvell perceaue that yâ— this be treve which ys in deade so certaiÌ„elie trevve that they them selues are for the manifest euidence therof eauen driuen and forced to acknovvledge and confesse the same Then theire greate Samsons post of discorde and debate vvhere vvithe they vvolde vnderproppe and vpholde all theire traiterouse procedings as also this theire mischiuouse accusation and greauouse crimination the vvhiche they had fullie novve conceaued and brovvght as they hoped to perfection by the mischeuouse drifts of theire shrevvde vvilie develishe disposed braines against her vvolde faile then fall to the grovnde For this consideration I saie they novve measuringe theis moste commendable doings of the verie vertuouse and vvell meaninge Quene by theire ovvne deape and doble dissemblinge craftie nature theire former drifte failinge them begane to
and vehementlye repynynge feared least that he wolde be as he Was in deade When he savye hys tyme revenged vpon hym The cause vvhie the Erle Murraie heyted the lorde Darley bycause he vvas of hym detected to the Quene for beynge one and the cheif of the counsailours ayders and assisters in the coÌ„spiracie abovvte the murther of the Secretarie novve coÌ„mitted Theys and the lyke imaginations so deapelie sancke in to and pearced the yonge mans harte that finallie he resolved whith hym self by one meanes or other to rydd the Erle Murraye ovvte of the vvaye Where abovvte he vvente so farre forthe that he communicated hys purpose to the Quene who dyd most hyghelie myslike ther with and moste vehementlie deterred hym from the saide hys intence Yet did he breake the matter farther as to certaine other noble men by vvhome at the last Yt vvas reveled to the Erle Murraye Wherefore the Erle dyd continuallie after beare hym a deadlie enimitie and hatred Wher vpon at lengthe all other attempts fallinge him this execrable murther vvas by hym the saide Erle Murraye and by the Erle Morton fyrst devised and aftervvarde in suche strange and heinouse sorte as the vvorlde knowethe aÌ„d detesteth moste horriblie practised and putt in execution What paradventure some man wyll saye of all the men in the worlde the Erle Murraye ys fartheste of from all manner of spott and sinister suspition towchinge this matter for he vvas not at the courte vvhen this murther vvas committed And vvhen the Quenes grace vvas apprehended he vvas ovvte of Scotlande And vvho did driue ovvte of Scotlande the Erle Bothvvell but the Erle Murraye Who ys he that hathe taken so muche paines and trauaile to bovvlt and finde ovvte and execute suche as vvere culpable therein but the Erle Murraye In deade for his bodelie presence at the deade doinge I vvill nothinge affirme he muste yelde the price therof to his hastie companion the Erle Bothevvell He muste be contended for his share vvithe the preemineÌ„ce and prerogatiue of his speciall deadlie feade tovvarde the lorde Darley aÌ„d preposterouse pregnaÌ„te pollice and vvitt so closelie aÌ„d so smothelie to conueye and coÌ„passe yt And beare owte vvithe so greate countenance so heinouse a facte aÌ„d to revvarde him self for his paines taken therein vvith the extrusion of his maistresse and Quene aÌ„d intrusion of him felf thoughe absente to the regimente and gouernemeÌ„t of the whole realme This this I saye maye sufficientlie serue him for the aduancement of his commendation and prayse and for the signification of his fine politike heade and inuention I meane for that before his departure owte of ScotlaÌ„de into France vvithe his machiuells practizes he had so conningelie contriued the vvole matter vvithe his faction that they shoulde procure not onlie the Erle Bothvvell to be acquited of the murther but for his good seruice to be revvarded with the Quenes espovvsalls entendinge by this mischeuouse policie the vtter vndoiÌ„ge and ouerthrovve asvvell of him the Erle Bothvvell as of the Quene her self also There neuer lacked good vvill in them as yt vvell appearethe by theire vngraciouse doings to haue longe before ouerthrovvne theire saide maistresse but there euer lacked apparente matter to blinde mens eyes vvithall and to make her odiouse vvith the people Novve theis vvilie men vvel knevve that yf they might ones compasse and bringe this mariage thus to passe vvithe the Earle Whom they intended then as faste to blase abrode for the murther by theÌ„ comitted as they did suppresse the same before from theire good ladie and Quene vntill they had brovvght her to the baite The cause vvhy the enemies did impute the slavvghter to the Quene yt vvolde seame verie probable not onlie in the eies and iudgement of the rude and comon people but also of manie sage graue vvise and learned men that she vvas priuie of her husbands deathe Wherby they might praetende one execrable acte againste her that all men wolde deteste and abhorre to colour cloke theire rebelliouse trecheries Lucifer him self coulde not haue fetched a finer and a more mischevouse and deavelishe fetche then herein theis meÌ„ haue done As for the Erle Murraie his absence yt dothe nothinge releaue or excuse him Yea yt ys singulerlie to be noted and marked that his verie iourneies lacke not theire fine fetches to serue his turne The vvorkinges of the Erle Murraie iÌ„ the time of his abseÌ„ce Throwghe his first iorneie into France he WaÌ„ne and purchased the highe loue and fauour of his benigne Maistresse He retornethe ovvte of Englande at the verie pointe seruinge tvvo turnes at on s by the one therof to circumuent his good innocence ladie thinckinge to make her beleaue by reason of his absence that he vvas farre from the societie of that conspiracie by thother to assiste the better vvith his praesence the confederates and sodenlie to ioyne vvith them as he did I graunte that he vvas absente bodelie at the facte doinge but yet nothinge vvas done the vvhiche vvas not by his counsaile or agrement concluded The vvhiche his deuise vvas so horrible that yt caused the murther of his Souereignes Secretorie her imprisonmente by her owne husbaÌ„de that the Quene beinge greate withe childe was put in suche a feare as might haue tended to the present daunger of her lief and of her childe Yea the vere scope of this deauelishe drifte was eauen to haue ouerthrowne him also vvhome they made theire vnhappie and vnluckie instrumente to ouerthrovve and depose his ovvne louinge vvife and moste dreade Souereigne Theis misteres full stuffed vvith suche mischeuouse purposes lo vvrought this Erle in the time of his absence Novve yt ys to be considered that abovvte sixtene howres before the lorde Darley vvas slaine the better to coulour the matter he departed from the courte Abovvte two monethes after â—e toke his iorneye into France leauinge the Erle Bothevvell as his moste entire and trustie frende recommendinge all his causes and affaires to hym before all other At hys seconde retorne from FraÌ„ce he intrudethe hym self into the Scepter royall vnder the name and shadowe of the yongâ— Prince The whiche thinge vvas so imagened invented and deuised loÌ„ge ere that he departed and in hys absence by hys trustye frends remaininge in ScotlaÌ„de accordinglie accomplished and executed The Quene vvas aftervvarde appreheÌ„ded and caste into prison at Lochleven Where hys mother brother dvvellethe Vnto the vvhiche Fortresse she shoulde haue bene sente as we haue saide at the first coÌ„spiracie of the saide Erle Murraye yf theire maliciouse minde and intente had not bene disapointed by the prouidence of god Novve what serche when and after vvhat sorte yt vvas made for the saide Erle Bothvvell vve haue alredie declared Yf ye alleage farther and saye that no man can denie but that the saide Erle Murraie made also loÌ„ge diligeÌ„te narrowe searche for the murtherers and did severelie punishe them To this vve replie aÌ„d saie that he neaded not
common lawe and the actes of parliamente And thus maye you see gentle Reader that nothinge can be gathered eyther ovvte of the saide supposed generall rule or Maxime or of any other rule or principle of the lawe that by any good and reasonable construction can seame to impugne the title of the saide Ladye Marye nowe Quene of Scottes of and to the crowne of this realme of Englande as ys aforesaide We are therefore nowe laste of all to consider Whether there be any statute or acte of parliamente that dothe seame either to take awaye or preiudice the title of thâ— saide Ladie Marie And by cavse tovchinge the foresaide mentionedd Statute of the 25. yeare of kinge Edvvarde the thirde beinge onlie a declaration of the common lavve we haue alredie sufficieÌ„tlie answered â–ª We will passe yt over and consider vpon the Statute of 28. 36. of kinge Henry the eight beinge the onlie shoteanker of all the adversaries Whether there be any matter therein conteined or dependinge vpon the same that can by any meanes destroyâ— or hurte the title of the saide Ladie Marie Quene of Scotlande to the succession of the crovvne of Englande The statutes of kiÌ„ge H. 8. towchinge the succession of the crovvne Yt dothe appeare by the saide Statute of 28. of kinge HeÌ„rie the eight that there was aâ—cthorie geaven him by the same to declare limitte appointe and assigne the succession of the crowne by hys lettres patentes or by hys laste will signed with his owne hande Yt appearethe also by the foresaide Statute made 35. of the saide kinge that yt vvas by the same enacted that the crowne of this realme shoulde goe and be to the saide kinge and to the heires of his bodie lawfullie begotten that ys to saye vnto hys hyghnes firste sonne of his bodie betwene him and the Ladie Iane then hys vvife begotten and for defaulte of suche issewe then vnto the Ladie Marie his dawghter and to the heires of her bodie lawfullie begotten And for defaulte of suche issewe theÌ„ vnto the Ladie Elizabeth his dawghter our Souereigne Ladie the Quenes Maiestie that nowe ys and to the heires of her Maiesties Bodie Lawfullie begotten And for defaulte of suche issewe vnto suche person or ê‘sons in remaynder or reversioÌ„ as shoulde please our late Sovereigne Lorde kinge Henrie the eight and accordinge to suche estate and after suche manner order and coÌ„dition as shoulde be expressed declared named and limited in his highnes lettres patentes or by his laste will in vvritinge seigned vvith his owne hande By vertue of whiche saide acte of parliamente the aduersaries do alleage that the saide late kiÌ„ge HeÌ„rie the eight afterwarde by his laste will in writiÌ„ge signed with hys owne haÌ„de did ordaine and appointe that yf yt happen the saide Prince Edwarde Ladie Marye and Ladie Elizabethe to dye withowte issewe of theire bodies lavvfullie begotten then the crovvne of this realme of EnglaÌ„de shoulde goo and remayne vnto the heires of the bodie of the Ladie Fraunces his nece and the eldeste davvghter of the Franche Quene And for defaulte of suche issevve to the heires of the bodie of the Ladie Elenour his neece seconde dawghter to the Frenche Quene lavvfullie begotten And yf yt happened the saide Ladye Elenour to die withovvte issevve of her bodye lawfullie begotten to remaine and come to the next rightfull heires Wher vpon the aduesaries do inferre that the succession of the crovvne ovvght to goo to the children of the saide Ladie Frances and to theire heires accordinge to the saide supposed vvill of our late Souereigne Lorde kinge Henrie the eight And not vnto the Ladie Marie Quene of Scottes that novve ys â—n aÌ„swere to the foreâ—ide statutes To this yt ys on the behalf of the saide Ladie Marie Quene of Scotlande amonge other thinges asvvered that kinge Henrie the eight neuer signed the pretensed vvill vvith his owne hande And that therefore the saide vvill can not be any whitte pÌ„iudiciall to the saide Quene Against vvhiche ansvvere for the defence and vpholdinge of the saide vvill yt ys replied by the aduersaries Firste that there vvere diuers copies of his vvill fovvnde signed with his owne hande The effecte of the aduersaries ArgumeÌ„tes for the exclusion of the Q. of Scots by a pÌ„tensed will of kin H. 8. or at the leaste wise enterlined and some for the moste ê‘te vvritteÌ„ withe his owne hande Owte of the vvhich yt ys likelie that the originall vvill coÌ„monlie called kinge Henrie the eightes will was taken aÌ„d fayer draweÌ„ owte Then that there be greate aÌ„d vehemeÌ„te presumptions that for the fatherlie loue that he bare to the common vvealthe and for the auoidinge of the vncertentie of the succession he vvell liked vpon and accepted the auctoritie geauen him by parliament and signed with his owne hande the saide originall vvill which had the saide limitation aÌ„d assignatioÌ„ of the crowne And theis presumptions are the more enforced for that he had no cause vvhie he shoulde beare any affectioÌ„ either to the saide Quene of ScotlaÌ„de or to the Ladie Lenneux And hauinge with all no cause to be greaued or offended vvithe his sisters the frenche Quenes children But to putt the matter quite owte of all ambiguitie and dowbte Yt appeare the they saye that there were eleuen witnesses purposelie calledd by the kinge Who were presente at the signinge of the saide will aÌ„d subscribed theire names to the same Yea the cheif lordes of the couÌ„saile were made aÌ„d appointed executours of the saide will And they aÌ„d other had greate legaties geaueÌ„ theÌ„ in the saide will vvhich vvere paide and other thinges coÌ„prised in the vvill accoÌ„plisshed accordinglie There passed also purchases aÌ„d lettres pateÌ„tes betwene kinge Edwarde and the executours of the saide vvill and others for the execution and performance of the same Finallie the saide testamente was recorded in the chauncerie Wherefore they affirme that there owght no manner of dowbte move any maÌ„ to the coÌ„trarie And that either we muste graunte this will to be signed vvith his haÌ„de or that he made no vvill at all Bothe muste be graÌ„ted or bothe denied Yf any will denye yt in case he be one of the vvitnesses he shall impugne his owne testimony Yf he be one of the executours he shall ouerthrowe the fowndation of all his doinges in ê“curinge the saide will to be inrolled and sett forthe vnder the greate seale And so by theyr dubblenes they shall make theÌ„ selues no mete witnesses Nowe a maÌ„ can not ligthlie imagine how any other besids theis two kiÌ„des of witnesses for some of theÌ„ aÌ„d of the executours were suche as were coÌ„tinually waytinge vpoÌ„ the kinges ê‘son maye impugne this will and proue that the kinge did not signe the same but yf anie suche impugne the saide will Yt vvolde be coÌ„sidered howe manye they are aÌ„d vvhat theire are And yt wil be verye harde to proue Negatiuam facto But yt ys euideÌ„te saye theye that there was neuer any
Yt ys agayne to be remembred that often times the lawe dothe aswell wey the creditt as nomber the persons of the wytnesses AlÃas sayeth Calistratus numerus alÃas dignitas authoritas confirmat rei de qua agitur fidem Accordynge to this saiet halso Arcadius confirmabit iudex motum animi sui ex argumentis testimonijs que rei aptiora vero proximiora esse compererit non enim ad multitudinem respicere oportet sed ad sinceram testimonioruÌ„ fidem testimonia quibus potius lux veritatis assistit Yt hathe not lightlie bene harde or seen that men of suche state and vocation in so greate weightie a cause wolde incurre firste the displeasure of God theÌ„ of theire PriÌ„â—e aÌ„d of some other of the beste sorte yf theire depositioÌ„s were vntrewe and wolde purchase theÌ„ selffes dishonour slaunder and infamie Yea disclose theire owne shame to theire owne no manner of weye hoped coÌ„moditie nor to the commoditie of other theire frendes or discoÌ„moditie aÌ„d hurte of theire enemies This sufficieÌ„tlie dothe purge them I will not saye of theire facte and faulte yet from all sinister suspition for this theire deposition and testimonie theire depositioÌ„ proceadinge as yt plainlie seame the from no affection corruptioÌ„ or parcialitie but from a zeale to the trewthe and to the honour of the realme And thowghe parchance yf they had bene therof iudiciallie coÌ„uicted and condempned No iuste cause to repâ—ll the testimonie of the Lorde Pagett aÌ„d others and had not by devve penaunce theÌ„ selves reformed some exceptions might have bene layed againste theÌ„ by any ê‘tieie iudiciallie convicted for his better advantage Yet as the case standethe nowe there ys no cawse in the worlde to discredit theire testimonie Yea and by the vvaye of accusation also suche persons as be otherwise dishablet are in treason aÌ„d other publike matters tovvchinge the state enhabled bothe to accuse and testifie l. famosi ff ad l â—ul maresci l. mulier ff de accusa As for the eleven vvitnesses the beste of them Syre Iohan Gates we knovve by what meanes ys departed owte of this life One other the saide willim Clarke ys so gone from them that he geveth good cause to misdeame and mistruste the Whole matter Hovve manie of the residevve live I knovve not To whoÌ„ parchance some thinge might be saide yf vve ons knowe what theÌ„ selues saye Which seinge yt dothe not by authenticall recorde appeare bare names of duÌ„me witnesses can in no wise hinder and deface so solempne a testimonie of the foresaide Lorde Pagett and Syre Edvvarde Mountagevve Neither ys the difficultie so greate as the aduersaries pretende in provinge negatiuam facti Which as we grante yt to be trevve Hovve a negatiue maye be proued vvhen yt standethe vvithin the limittes of a mere negatiue so beinge restrained and referred to time and place maye be asvvell proved as the affirmatiue Glos. doct c. bonae de elec Yt appearethe novve then by the praemisses that the adversaries argumeÌ„tes wherby they wolde weakeÌ„ and discreditte the testimonie either of the witnesses or of the executours that haue or maye come in against the saide pÌ„teÌ„sed vvill are but of small force and strengthe A suê‘ficiall rethoricke of the aduersarie And especiallie theire slender exaggeration by a superficiall rethoricke enforced wherebye they wolde abuse the ignoraÌ„ce of the people and make them beleue that there was no good and substanciall proufe browght furthe againste the forgerie of this supposed will bycause the vntrewthe of the same was not preached at Pawles crosse and declared in all open places and assembles throwghe the realme When they knowe well â—â—owghe that there was no necessitie so to do And that yt was notoryouslie knowen by reason yt was disclosed by the saide Lorde Pagett as well to the counsaile as to the hier and lower howse of the parlemente And the foresaide forged recorde in the chauncerie thervpon worthelie defaced and abolished The disclosinge Wherof seinge yt came forthe by suche Howe wheÌ„ the later testimony ys to be accepted before the former aÌ„d in suche sorte and order as we have specified As yt dothe nothinge deface or blemishe the testimonie geven againste the saide supposed will whether yt were of anye of the witnesses or executours so ys there no neade at all whye anye other witnesses besides those that have alredie impugned the same shoulde be nowe farther producted I denie not but that yf any suche witnes or executour had vpon his othe before a lawfull Iudge deposed of his owne certaine notice and knowledge that the saide will was signed with the kinges owne hande In case he shoulde afterwarde coÌ„trarie and revoke this hys solempne deposition yt owght not lightlie to be discredited for any suche contradiction aftervvarde happeninge But as I haue saide suche authenticall and ordinarie examinations and depositions we finde not nor yet heare of any suche so passed Novve contrarivvise yf anye of the saide Witnesses or executours haue or shall before a competente Iudge especiallie not producted of any partie or against any partie for any private suite commenced but as I haue saide moved of conscience onlie and of a zeale to trevvthe and to the honour of God and the realme frelie and voluntarily discover and detecte suche forgerie althovvghe parchance yt tovvchethe them selues for some thinge donne or saide of them to the contrarie or beinge called by the saide competente iudge haue or shall declare and testifie any thinge against the same this later testimonie maye be vvell credited by good reason and lawe Where as novve they vvolde inferre that either this pretensed vvill vvas kinge Henries vvill or that he made none at all I do not as I haue saide intende nor neade not curiouslie to examine discusse this thinge as a matter not apparteyninge to our principall purpose And vvell yt maye be that he made a vvill conteininge the vvhole tenour of this pretensed vvill sauinge for the limitation of the crowne and that theis supposed witnesses vvere presente either vvhen he subscribed the same vvith his owne hande or vvhen by his commandemente the stampe of the vvhich and of his ovvne handâ— the commoÌ„ sorte of men make no difference as in deede in diuerse other cases there ys no difference which theis vvitnesses might take to be as yt vvere his ovvne hande vvas sett to the vvill This I saye might after some sorte so be and yet this not vvithe standinge there might be as there vvas in deede an other vvill towchinge the pretensed limitation of the crowne by the kinges owne haÌ„de counterfeited and suborned after his deathe falselie and colorablie bearinge the countenance of his owne hande and of the pretensed witnesses names Hovve so euer yt be yt ys but to small purpose to goe abovvte any full and exquisite ansvvere towchinge this pointe seinge that neither the originall surmised vvill Wherof theis vvitnesses are supposed to be priuie ys extant
regimeÌ„te ys against nature as also touchiÌ„ge a brother to be choseÌ„ kinge Neither the lavve of God nor reason is against the Quene of Scottes right as the aduersaries pretendâ— And therfore I coÌ„clude agaiÌ„st you that neither the lawe of God nor of nature nor yet reason vpon the vvhiche also you grownde your self do reiecte the saide Qu. marie fraÌ„che successioÌ„ of the crowne of Englande Your reason ys that where the people erecte them self an head of theire owne kinred and nation there nature assuerethe the people of naturall gouernemente And vvhere a stranger cariethe opinion of vnnaturall tyranie yt assuerethe the ruler of naturall subiectioÌ„ To a stranger ys murmorre and rebellion threatened But nowe yf this excellente Ladye and Princesse be no stranger and be of our ovvne kinred and of the aunciente and late Royall bloude of this realme as vve haue declared then ys your reason also vvith all auoided which maye and dothe ofteÌ„times take place iÌ„ more streÌ„gers coÌ„minge in by violeÌ„t and forcible meanes But here as naturall a man as ye make your self ye seame to go altogether agaiÌ„st reasoÌ„ and against nature also Yf Princes children vvere to be counted strangers and aliens or to be suspected as enemies and TyraÌ„s succedinge to theire owne progenitours inheritance Yt vvas an vnnaturall parte a greate follye in the noble kinges of this and manye other realmes to geue ovvte theire dawghters to forren Princes in mariage in steade of pÌ„ferringe auancinge them by threire mariage procuringe therby freÌ„dshippe and amitie with other Princes to disable theire saide children from theire auncetours inheritances in those contreyes froÌ„ vvhence they originallye proceded And as it seamethe by your kinde of reasoninge to purchasse and ê“cure beside to them therby an opinion of ennemitie and tyranie This this I saye ys a frovvarde and an vnnaturall interpretatioÌ„ A frovvarde aÌ„d an vnnaturall interpretatioÌ„ of the aduersarie Nature mouethe and driueth vs to thincke othervvise and that bothe a a prince vvill fauour loue and cherishe the people from vvheÌ„ce he fetcheth his royall bloude and by vvhoÌ„ he muste novve mainteine kepe and defende his royall estate that the people likewise will beare singuler loue and affection to suche a one especiallye of suche knovven princelye qualities as this noble Ladye is adorned with all Suerly yt ys no more vnnaturall to suche a Prince descendinge from the aunciente and late Royall bloude of the kinges of EnglaÌ„de The Que. of Scottes no straÌ„ger to EnglaÌ„d to beare rule in Englande and as yt were to retorne to the head and fowntaine from whence originallye she sprange Then yt ys for all flouddes and riuers which as homer sayethe flowe ovvte of the greate OceaÌ„ sea 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 21. Iliad To reuerte Ecclesiastes cap. 1. returne and reflovve againe to the sayde Ocean This coherence coniunctioÌ„ copulation inclination and fauour runinge interchangeablye betwixte suche a Prince and the people ys no more strange to nature then ys the coÌ„iunction of the tree and the rote therof then of the fowntaine and the riuer issuenge from thence then of the sonne and the sonne beames finallie then ys the coniunction betvvixte the olde ancient louinge graÌ„d mother and her yoÌ„ge and tender dawghter Neither do I well knovve howe I maye better call noble England then a louinge grandmother to this good gentle Ladie whom vve I do not dowbte yf euer God call her to the Royall seate therof shall not onlye finde a louinge aÌ„d gratiouse maistresse but a most deare aÌ„d tender good dawghter For theis and other considerations the lawes of the realme do not nor euer did estraÌ„ge suche princes from the succession of the crowne of the realme Which by reason of the saide naturall inclination and beneuolence of the one to the other standethe vvith the lawe of God nature with all good reason And therefore your coÌ„clusioÌ„ ys againste Godes lawe nature and all good reason Whereby you full vngodlye vnnaturallie and vnreasonablie do conclude an exclusioÌ„ of the Quene of Scotlande pretendinge her to be a straÌ„ger to that right that God nature and reason and the trevve hartes of all good naturall Englishemen do call her vnto as the deare sister and heire apparente to our noble Quene Elizabethe The which her saide iuste right title and intereste we truste we haue nowe fullye proued and iustified and sufficientlie repulsed the sondrie obiections of the aduersaries And as theis beinge the principall ovvght to breade no dowbte or scruple in any man so manye other folyshe fonde and fantasticall obiections not worthye of any ansvvere that busie quarrelinge heades do caste forthe to dishable her right or to disgrace and blemishe either her honour or thys happie vnion of bothe realmes yf God shall sende yt in takinge our gratiouse Sovereigne from vs withowte issue vvhich God forbide ovvght muche lesse to move any man Whos 's maiestie God longe preserve and shylde and blesse her yf yt be hys pleasure vvith happie issue But yf yt please hym eyther to bereave vs of hyr maiestie or her maiestie of all suche issue then yet that we maye not be altogether lefte desolate confortlesse thys happye vnion vvill recoÌ„pence and supplie a greate parte of thys our distresse An happie vnion I call yt by cause yt shall not onlie take avvaye the loÌ„ge mortall enemitie The greate coÌ„moditie that shall come to Englandeâ— aÌ„d ScotlaÌ„de by the vnion of theÌ„ in case this successioÌ„ chaÌ„ce the deadlie hatred the most cruell sharpe vvarres that have so manie hundred yeares bene continued betwixt our neighbours the Scottes and vs but shall so entierlie consociate and conioyne and so honorablie sett forthe and aduaÌ„ce vs bothe and the vvhole Ilande of Britanye as neither toÌ„gue can expresse the greatenesse of our felicitie and happines nor harte vvishe any greater The olde enemitie hathe trodeÌ„ downe kepte vs bothe vnder fote and hathe geuen occasion to the coÌ„mon enemie as the Danes aÌ„d other to spoyle vs bothe Yt hathe caused for theis thowsande yeares and more so infinite and so ovvgelie slavvghter as it Will greaue and pittie any mans harte to remember and yet neither to the greater augmeÌ„tation of our possessions at this daye nor to theire muche losse They hauinge loste nothinge of theire olde aunciente inheritaÌ„ce sauinge Barwikle onlie Yf this coniunction on s happen and yf we be on s vnited and knitt together in one kingedome and dominion in one entire brotherlie love and amitie as we are alredie knit by neighbourhode by tongue and almoste by all maÌ„ners fasshioÌ„s and behaviour then will all vnnaturall and butcherlie slawgher so loÌ„ge hyther to practised cease TheÌ„ will reste quietnes welche and prosperitye encrease at home TheÌ„ will all owtewarde Princes our FreÌ„des reioyce and be coÌ„forted our enemyes dreade vs. Then wyll the honour fame and maiestye of the Ilande of Albyon daylye growe more and more and her power and streÌ„gth so greatelie encrease as to the freÌ„de yt wil be a good shilde And to the enemye an horrible terrour The shall the owtevvarde enemye litle endomage vs. Then shall we with our children after vs reape the pleaâ—â—â—te fruites of this noble coniunction wrovvght this to our haÌ„des by Godes good and gratiouse prouidence vvithovvte expeÌ„ce force or slawghter which hitherto a noÌ„ber of our covvragiouse vvise and mightie Princes haue theis thovvsande yeares and vpvvarde sovvght for but in vaine as yet vvith so excessiue charges vvithe so greate paynes vvith so manye and mayne armies and vvith the bloude of so manie of theire subiectes Then shall vve moste fortunatelie see and moste gloriouslie enioye a perfecte and entire monarchie of this I le of Britanie or Albion vnited and incorporated after a moste maruelouse sorte and in the vvorthie and excellente person of a Prince mete and capable of suche a monarchie As in vvhose person beside her vvorthie noble and princelye qualities not onlye the Royall and vnspotted bloude of the aunciente and noble kinges of Scotlande but of the Normans and of the Englishe kinges with all as well longe before as sithens the conqueste yea and of the Britaine 's also the moste aunciente inhabitans and lordes of this Ilande do wonderfullye and as yt were eauen for suche a notable purpose but the greate prouidence of God moste happelye concurre The euidente trewthe wherof the sayde Quenes petigrewe dothe moste plainelie and openlie sett forthe to everie mans sight and eye Then I saye maye this noble realme and Ilande be called not Albion onlye but rather Olbion that ys fortunate happye and blessed Whiche happye and blessed coniunction when yt chauncethe yf we vnthanckefullye refuse We refuse our healthe and welfare and Godes good blessinge vppon vs. We refuse our dewtie to God who sendethe our dewtie to the partie whom he sendethe and our dewtie to our natiue coÌ„trey to whom he sendethe suche a person to be our Maistresse and suche commodities and honour with all coÌ„minge thereby as I haue sayde to whole Albion as greater we can not wishe for And finallye we procure and purchase as muche as in vs liethe suche disturbaÌ„ce of the coÌ„mon wealthe suche vexations trobles and warres as maye teÌ„de to the vtter subuersioÌ„ of this realme From which dangers God of his greate aÌ„d vnspeakeable mercie defeÌ„de preserue vs kepe ê“tecte defeÌ„de this realme with our noble Quene Elizabethe and the saide Ladie Marie Quene of Scotlande with the nobilitie subiectes of bothe the realmes in mutuall frendshyppe and godlie amitye with longe prosperouse estate and all good quietnes Amen FINIS Imprinted at London in Flete strete at the signe of Iustice Royal againste the Blacke bell by Eusebius Dicaeophile anno D. 1569. and are to be solde in Paules churche yearde at the signes of Tyme Truthe by the Brasen SerpeÌ„t in the shoppes of Ptolomé and Nicephore Lycosthenes brethren Germanes â§