only Of the like weight is his other coÌ„sideration imaginiÌ„g and surmising this statute to be made bicause the King had so many occasioÌ„s to be so oft ouer the sea with his spouse the Queene As though diuers Kings before him vsed not often to passe ouer the seas As though this were a personal statute made of special purpose and not to be takeÌ„ as a declaratioÌ„ of the coÌ„mon law Which to say is most directly repugnant and contrary to the letter of the said statute Or as though his children also did not very often repaire to outward Countries as Iohn of Gaunt Duke of Lancaster that maried Peters the King of Castiles eldest daughter by whose right he claimed the Croune of Castile as his brother EdmuÌ„d Erle of Cambridge that maried the yongest daughter as Lionell Duke of Claraunce that maried at Milaine ViolaÌ„t daughter and heir to Galeatius Duke of Milan But especially Prince Edwarde whiche moste victoriously toke in battaile Iohn the French King and brought him into England his prisoner to the great triumphe and reioysing of the Realme whose eldest sonne Edward that died in short time after was borne beyond the seas in Gascome and his other sonne Richard that succeded his grandfather was borne at Burdeaux as these noble King Edwardes sonnes maried with forainers so did they geue out their daughters in mariage to foraine Princes as the Duke of Lancaster his daughter Philippe to the king of Portingale and his daughter Catherin to the King of Spaine and his Neece Iohan daughter to his sonne Earle of Somerset was ioyned in mariage to the King of Scottes Iohan daughter to his brother Thomas of Wodstocke Duke of Gloucester was Queene of Spaine and his other daughter Marie Duchesse of Britannie Now by this mans interpretation none of the issue of al these noble Women could haue enioyed the Croune of England when it had fallen to them though they had bene of the neerest roial blood after the death of their Auncestours Which surely had bene against the auncient presidentes and examples that we haue declared and against the common Lawe the whiche muste not be thought by this Statute any thing taken away but only declared and against al good reason also For as we would haue thought this Realme greatly iniured if it had ben defrauded of Spaine or any of the foresaid couÌ„treies being deuolued to the same by the foresaid Mariages as we thincke our self at this day iniured for the withholding of France so the issue of the foresaide noble womeÌ„ might and would haue thought them hardly and iniuriously handled yf any such case had happened Neither suche friuolous interpretation and gloses as this man nowe frameth and maketh vppon the statute woulde then haue serued nor nowe wil serue But of all other his friuolous and folish ghessing vpon the clause of the statute for Infantes de Roy there is one most fond of al. For he would make vs beleue such is the mans skil that this statute touching Infantes de Roy was made for the great doubte more in them then in other personnes touching their inheritance to their Auncestours For being then a Maxime saieth he in the lawe that none could inherite to his Auncestours being not of father and mother vnder the obedience of the King seing the King him selfe could not be vnder obedience it plainely seemed that the Kinges children were of farre worse condition then others and quite excluded And therefore he saith that this statute was not to geue them any other priuilege but to make them equall with other And that therefore this statute touching the Kinges children is rather in the superficial parte of the worde then in effecte Nowe among other thinges he saieth as we haue shewed before that this word Infantes de Roy in this statute mentioned must be taken for the children of the first degree whiche he seemeth to proue by a note taken out of M. Rastal But to this we answer that this maÌ„ swetely dreamed when he imagined this fonde and fantasticall exposition And that he shewed him selfe a very infante in law and reason For this was no Maxime or at lest not so certaine before the making of this statute whiche geueth no new right to the Kinges children nor answereth any doubt touching them and their inheritance but saith that the law of the Croune of England is and alwaies hath bene which lawe saith the King say the Lordes say the Commons we allowe and affirme for euer that the Kinges children shal be hable to inherite the Landes of their Auncesters whereâ—oeuer they be borne Al the doubt was for other persons as appeareth euideÌ„tly by the tenour of the statute whether by the coÌ„mon law they being borne out of the allegeance were heritable to their Auncestours And it appeareth that th' Aduersary is driueÌ„ to the hard wal when he is faine to catch hold vpon a selie poore marginal note of M. Rastal of the Kinges childreÌ„ and not of the Kings childrens children Which yet nothing at al serueth his purpose touching this statute But he or the Printer or who so euer he be as he draweth out of the text many other notes of the matter therin coÌ„prised so vpoÌ„ these FreÌ„ch wordes Les enfants de Roy he noteth in the MargeÌ„t The Kings childreÌ„ but how far that word reacheth he saieth neither more nor lesse Neither it is any thing preiudicial to the said Queenes right or Title whether the said wordes Infants ought to be takeÌ„ strictly for the first degree or farther enlarged For if this statute toucheth only the succession of the Kings children to their Auncestours for other inheritaÌ„ce and not for the Cround as most men take it and as it may be as we haue said very wel takeÌ„ and allowed then doth this supposed Maxime of forain borne that seemeth to be gathered out of this statute nothing anoy or hinder the Queene of Scotlandes Title to the Croune as not therto apperteining On the other side if by the inheritance of the kings childreÌ„ the Croune also is meant yet neither may we enforce the rule of foraine borne vpoÌ„ the kings children which are by theâ—presse wordes of the statute excepted neither enforce the word Inâ—â—â—s to the first degree only for such reasons presidents and examples and other prouffes largely by vs before set forth to the coÌ„trarie seing that the right of the Croune falling vpoÌ„ them they may wel be called the kings ChildreÌ„ or at the lest the childreÌ„ of the Croune Ther is also one other cause why though this statute reach to the Croune and may and ought to be expouÌ„ded of the same the said Queene is out of the reach and coÌ„passe of the said statute For the said statute can not be vnderstanded of any persons borne in Scotlande or Wales but onely of persons borne beyond the sea out of the allegeance of the King of England that is to wrtte France Flandres and such like For England
Liberi Therefore doo we supply it as wel as we may by this worde children The Spaniardes also vse this worde Infantes in this ample sorte when they call the nexte heire to the heire apparēt Infant of Spaine euen as the late deceased Lorde Charles of Austrich was called his father and grandfather then liuing Yf then the original word of the statute declaring the said rule may naturally and properly apperteine to al the Descendants why should we straine and binde it to the first degree only otherwise then the nature of the worde or reason wil beare For I suppose verely that it wil be very harde for the Aduersarie to geue any good and substantial reason why to make a diuersitie in the cases But touching the contrarie there are good and probable consideratiōs which shall serue vs for the seconde cause As for that the grādfathers cal their nephewes as by a more pleasant plausible name not only their children but their sonnes also and for that the sonne being deceased the grādfather suruiuing not only the grādfathers affection but also such right title and interest as the sonne hath by the lawe and by proximitie of blood growe and drawe al to the nephew who representeth and supplieth the fathers place the father and the sonne being compted in person and in flesh in maner but as one Why shal then the bare and naked consideration of the external and accidental place of the birth only seuer and sunder suche an entier inwarde and natural coniunction Adde therevnto the many and great absurdities that may hereof spring and ensue Diuerse of the Kinges of this Realme as wel before the time of King Edwarde the third in whose time this statute was made as after him gaue their daughters out to foraine and sometimes to meane Princes in mariage Which they would neuer so often times haue done if they had thought that whyle they wente about to set forth and aduance their issue their doinges should haue tended to the disheriting of them from so great large and noble a Realme as this is which might haue chanced if the daughter hauing a sonne or daughter had died her father liuing For there should this supposed Maxime haue ben a barre to the children to succede their grandfather This absurditie would haue bene more notable if it had chanced about the time of King Henry the secōd or this king Edward or king Henry the firste and sixte when the possessions of the Croune of this Realme were so amply enlarged in other Countries beyond the seas And yet neuer so notable as it might haue bene hereafter in our fresh memorie and remēbrance if any such thing had chanced as by possibilitie it might haue chanced by the late mariage of King Philippe and Queene Marie For admitting their daughter maried to a foraine Prince should haue dyed before them she leauing a sonne suruiuing his father and grandmother they hauing none other issue so nigh in degree then would this late framed Maxime haue excluded the same sonne lamētably and vnnaturally from the succession of the Croune of Englande and also the same Croune from the inheritance of the Realmes of Spain of both Sicilies with their appurtenāces of the Dukedō of Milan and other landes and Dominiōs in Lumbardy and Italie as also from the Dukedomes of Brabant Luxēburg Geldres Zutphan Burgundie Friseland from the Countreies of Flandres Artois Holland Zealād and Namurs and from the new found lands parcel of the said Kingdome of Spaine* Which are vnlesse I be deceued more ample by dubble or treble then al the Countreies now rehearsed Al the which Countreies by the foresaid Mariage should haue bene by al right deuolued to the said sonne if any such child had bene borne If either the same by the force of this iolye newe found Maxime had bene excluded from the Croune of England or the saide Croune from the inheritance of the foresaid Countreies were there any reason to be yelded for the maintenance of this supposed rule or Maxime in that case Or might there possibly rise any commodity to the Realme by obseruing therein this rigorous pretensed rule that should by one hundred part counteruaile this importable losse and spoile of the Croune and of the lawful inheritour of the same But perchance for the auoiding of this exception limited vnto the blood roial some wil say that the same was but a priuilege graunted to the Kinges children not in respect of the succession of the Croune but of other landes descending to them from their Auncestours Whiche although we might very wel admit and allow yet can it not be denied but that the same priuilege was graūted vnto the Kinges children and other descendantes of the Blood roial by reason of the dignity and worthines of the Croune which the King their father did enioy and the great reuerence which the law geueth of dewtie therevnto And therefore if ye would go about to restraine and withdraw from the Croune that priuilege whiche the lawe geueth to the Kinges children for the Crounes sake ye should doo therein contrarie to al reason and against the rules of the Arte of Reasoning which saith that Propter quod vnumquodque illud magis Byside that I would faine knowe by what reason might a man saye that they of the Kinges Bloodde borne out of the allegeaunce of Englande maye inherite landes within this Realme as heires vnto their Ancestours not being able to inherite the Croune Truly in mine opinion it were against al reason But on the contrarie side the very force of reason muste driue vs to graunt the like Yea more great and ample priuilege and benefit of the law in the succession of the Croune For the Roial blood where so euer it be found wil be taken as a pretious and singuler Iewel and wil carie with it his worthie estimation and honour with the people and where it is dew his right withal By the Ciuil law the right of the inheritance of priuate persons is hemmed and inched within the bandes of the tenth degre The Blood roial runneth a farther race and so farre as it may be found wherewith the great and mightie Conquerors are glad and faine to ioine withal euer fearing the weaknes of their blooddie sworde in respect of the greate force and strength of the same For this cause was Henrie the firste called for his learning and wisedome Beauclerke glad to consociate and couple him self with the auncient Roial blood of the Saxons which cōtinuing in the Princely Successiō from worthie king Alured was cutte of by the death of the good king Edward and by the mariyng of Mathildis being in the fourth degree in lineal descent to the said king Edward was reuiued and revnited From this Edward the Queene of Scotlād as we haue before shewed taketh her noble auncieht Petigrue These then and diuers other reasons and causes mo may be alleaged for the waying and setting foorth of the true meaning
and intent of the said law Now in case these two causes and cōsiderations wil not satisfie th Aduersarie we wil adioine therevnto a third which he shal neuer by any good and honest shift auoid And that is the vse and practise of the Realme as wel in the time foregoing the said statute as afterward We stand vpon the interpretation of the cōmon law recited and declared by the said statute And how shal we better vnderstand what the law is therein then by the vse and practise of the said lawe For the best interpretation of the lawe is custome But the Realme before the statute admitted to the Croune not only kings children and others of the first degre but also of a farther degre and such as were plainely borne out of the Kings allegeance The soresaid vse and practise appeareth as wel before as sithens the time of the Conquest Among other King Edward the Confessour being destitute of a lawful Heire within the Realme sent into Hūgary for Edward his Nephew surnamed Outlaw son to King Edmūd called Irōside after many yeres of his exile to returne into Englād to th' intent the said Outlaw should inherite this Realme whiche neuerthelesse came not to effect by reason the said outlaw died before the said king Edward his Vncle. After whose death the said king apointed Eadgar Etheling sonne of the said Outlaw being his next cosen and heire as he was of right to the Croune of Englād And for that the said Eadgar was but of yong and tender yeares and not able to take vpō him so great a gouernement the said king cōmitted the protection as wel of the yong Prince as also of the Realm to Harold Earle of Kent vntil suche time as the said Eadgar had obteined perfit age to be hable to weld the state of a King Which Harold neuerthelesse cōtrary to the trust supplanted the said yong Prince of the Kingdome and put the Croune vpon his own head By this it is apparent that foraine birth was not accōpted of before the time of the Cōquest a iust cause to repel and reiect any man being of the next proximitie in blood frō the Title of the Croune And though the said king Edward the Cōfessors wil and purpose toke no such force and effect as he desired and the law craued yet the like succession toke place effectuously in king Stephen and king Hēry the secōd as we haue already declared Neither wil th' Aduersaries shift of foramers borne of father and mother which be not of the kings alegeāce help him forasmuch as this clause of the said statut is not to be applied to the kings childrē but to others as appeareth in the same statute And these two kings Stephē and Henrie the 2. as they were borne in a forain place so their fathers and mothers wer not of the kings allegeāce but mere Aliens and strāgers And how notorious a vaine thing is it that th' Aduersarie would perswade vs that the said K. Henrie the secōd rather came in by force of a cōposition then by the proximitie and nearenes of blood I leaue it to euery man to cōsider that hath any maner of feling in the discours of the stories of this realm The cōpositiō did procure him quietnes and rest for the time with a good and sure hope of quiet and peaceable entrance also after the death of King Stephen and so it followed in deede but ther grew to him nomore right therby then was due to him before For he was the true heir to the Croune as appeareth by Stephen his Aduersaries owne confession Henry the firste maried his daughter Mathildis to Henry the Emperour by whome he had no childrē And no dout in case she had had any children by th'Emperour they should haue ben heires by succession to the Croune of England After whose death she retourned to her father yet did King Henry cause all the Nobilitie by an expresse othe to embrace her after his death as Queene and after her her children Not long after she was maried to Ieffrey Plantagenet a Frenchman borne Earle of Aniowe who begat of her this Henry the second being in France Whervpon the said King did reuiue and renue the like othe of allegeāce aswel to her as to her sonne after her With the like false persuasiō the Adueruersarie abuseth him selfe and his Reader touching Arthur Duke of Britanie Nephew to King Richard the first As though forsooth he were iustly excluded by Kinge Iohn his vncle by cause he was a forainer borne If he had said that he was excluded by reason the vncle ought to be preferred before the Nephewe though it should haue ben a false allegation and plaine against the rules of the lawes of this Realme as may wel appeare among other thinges by King Richard the second who succeded his grādfather king Edward the third which Richard had diuerse worthie and noble vncles who neither for lacke of knowledge coulde be ignorant of the right neither for lacke of frendes courage and power be enforced to forbeare to chalenge their title and interest yet should he haue had some countenance of reason and probabilitie bicause many arguments and the authoritie of many learned and notable Ciuilians doo concurre for the vncles right before the Nephewe But to make the place of the natiuitie of an inheritour to a kingdom a sufficiēt barre against the right of his blood it seemeth to haue but a weake and slender holde and grounde And in our case it is a most vnsure and false ground seeing it is moste true that King Richard the first as we haue said declared the said Arthur borne in Britanie and not son of a King but his brother Geffreys sonne Duke of Britanie heire apparent his vncle Iohn yet liuing And for such a one is he taken in al our stories And for such a one did all the worlde take him after the said King Richard his death neither was King Iohn taken for other then for an vsurper by excluding him and afterward for a murtherer for imprisoning him and priuily making him away For the which facte the French King seased vpon al the goodly Coūtries in France belonging to the King of England as forfeited to him being the chiefe Lorde By this outragious deede of King Iohn we lost Normandie withall and our possibilitie to the inheritance of all Britanie the right and Title to the said Britanie being dewe to the said Arthur and his heires by the right of his mother Constance And though the said king Iohn by the practise and ambition of Quene Elenour his mother and by the special procurement of Huberte then Archebishop of Caunterburie and of some other factious persons in Englād preuēted the said Arthur his nephew as it was easy for him to do hauing gotten into his handes al his brother Richardes treasure by sides many other rentes then in England and the said Arthur being an infante
he maketh as it it were a plaine demurre with vs in law that we haue pleaded our matters al this while in a wrong Court. For lo this matter by this sobre mans iudgement seemeth not triable either in the Arches or Consistorie of Poules by the Ciuil or CannoÌ„law or in Westminster Hal by any law or Acte of ParlameÌ„t This plee must be only mainteined with the recordes of holy Scripture but of his owne sobre braines interpretatioÌ„ only and holdeÌ„ before himself and his new erected tribunal furnished and adorned with such quiet and sobre spirits as hiself is Th'infallible verity the high M ie of the sacred scriptures I do most hartly coÌ„fesse and most humbly reuerence But yet if ye wil intrude your selfe and others with the promulging from your new Tribunal seate such and so strange paradoxes and sentences to the vtter ouerthrowing of al humaine policies and lawes yea to the present and and iÌ„minent danger not only of this of Scotland but also of al other whatsoeuer Queenes we must be bold to see what warrant and commission you haue and to examine and well to vew the same we must buckle with you and trie whether the autoritie of holy Scripture whiche is your only refuge wil vpholde and beare out your strange and stout conclusion The place then wherevpon he grouÌ„deth him selfe is this Thow shalt make him King ouer thee whome thy Lorde thy God shal choose from amongst thy brethern him shalt thou make a King amongst them From this authoritie he fetcheth out al his high mystical and supernatural conclusions And first he excludeth the Queene of Scotland bycause she is an alien and not ex fratribus and therefore not chosen of god Wherevnto he addeth that the King must be suche as the people may say to him as the Israelites said to King Dauid Ecce â—s tuum caro tua nos sumus We are of one nation and blood Therevnto he adioyneth that it is assigned as one iuste cause why Athalia was turned out of her kingdome bycause she was alienigena an alien maternum genus ducens à Tyriis Sidoniâ—â— These now are all the proufes deducted by this man out of holy Scripture For other hath he none why the Queene of Scotland being a stranger ought to be disherited and reiected from al such claime as she pretendeth to the Croune of England Now for answere and first to the 17. of Deuteronomie wherein as I wil not quarel with you for the shrewde meaning that perchaunce some man may probablie gather out of this Treatise and smal liking that ye haue to the Gouernment proceeding from succession onely so I plainly affirme first that we are not bound to the Ceremoniall or Iudicial or other preceptes of the Iewish law except the Decaloge farther then the Churche or Ciuil policie haue renued againe I say then farther that this authoritie of Deutronomie can not fitly serue your purpose for that it taketh place when the people chooseth a King and not when there is a lawful and ordinary Succession as was euen amongest the Iewes from King Dauides time Albe it he and King Saul before him came in by Gods and the peoples special election Wherefore I doe admit your Principle to be wel grouÌ„ded vpon Scripture That the choise and election of Princes must be directed and measured by Gods Holy Worde wil and pleasure What then I would fame know by what Logike by what reason a maÌ„ may thus conclude we ought to choose no straunger to our Prince ergo a straunger though he be the iust and next inheritour to the Croune must be displaced The one dâ—pendeth of our owne free wil and election which we may measure and rule as we see good cause the other hangeth only vpoÌ„ the disposition and prouidence of God. There we may pick out choice here we must take such as God sendeth There consent beareth the stroke here proximitie of blood beareth the sway There we offre no iniurie to any partie in accepting the one and leauing th' other here do we iniurie to god that doth send and to the partie that is by him sent And to say the trueth it is but a malaperte controlment of Gods owne direction and prouidence For in the former parte we be the choosers and must direct and gouerne our choise by reason and discretion by the merit and worthines of the person here al the choice al the voices are in Gods haÌ„d only As good right hath the infant in the swadling clothes as hath any man called at his perfect age and wisdom It is a true saying Christiani fimus we are made ChristiaÌ„ menâ— we are not borne ChristiaÌ„ men noÌ„ nascimur But in this case of successioÌ„ Reges nascuÌ„tur noÌ„ fium men are borne and not made kings Let this fellow therfore coÌ„clude as stroÌ„gly as he caÌ„ or wil against the chosing of strauÌ„gers yet if he bring forth no place out of Scripture against the SuccessioÌ„ of a stranger claiming by proximitie of the blood Roial as farre as the man shoteth he shoteth to short to hit the marke But Lord what an â—lfauored short shote wil it be accoÌ„pted if she be found no strauÌ„ger at al It is very probable that in this place the scripture meaneth of a mere foreiner and straunger such as were neither borne in Iewrie nor of the Iewishe blood For with suche Aliens they were forbidden also to couple in mariage by reason they were Idolatours and might thereby them selues be occasioned as they were oftentimes in deede to abandone and forsake their true and sincere Religion Such a stranger I am wel assured this Ladie is not to vs if she be any straunger at al. The Scottesmen and we be al Christians and of one Iland of one tonge and almost of one fashion and manners customes and lawes So that we can not in any wise accompt them amongest such kinde of straungers that this place of Moyses mentioneth namely the Ladie Marie the Quene of Scotland being not only in hart wel affectioned and minded to al Englishmen as hath by many experiments ben wel knoweÌ„ but also by descent and Roial blood all English whiche she taketh from the noble Kinges longe before the Conquest and after the Conquest from the worthie Princes Henry the first and Edward the third and of late daies from the excellent Prince King Henry the seuenth and his daughter Ladie Margaret her grandmother Al which causes with some other in such number concurrant ought rather to inforce vs to thinke and to take her as no straunger to vs rather then to estraunge her from vs by the only place of her Natiuitie which is yet neuerthelesse within the fower seas and very nigh to England by Osbred bounding at Starling bridge Last of al touching the forsaid Chapter of Deuteronomie we affirme that it is vntrue that ye say aswel that this lawe of Gouernment bindeth our Kinges to the
nor wil not be satisfied vnlesse you may for this and all other doubts be by Scripture persuaded lo then I bring to you one authoritie of Holie Scripture to serue al turnes I bring I say noble Debora to decide and determine all this controuersie and contention who you can not denie was the chief and supreme Magistrate ouer the people of God to Gods wel liking and by his owne special gratious appointment She hearde determined and decided al manner of litigious and doubtful controuersies aswel for bargaines and contractes as for doubtes and ambiguities of the law and that not by other Magistrats intermediant but by her selfe personally Erat autem Prophetissa she was a Prophetesse which wordes Origen singulerly wel doth â—ote saying that holie Scripture doth not vse such phrase of speaking of any other of the Iudges least any man should grudge and repine as this frowarde natured man doth at womans regiment Let no man tel me now of the courageous Amazones Let no man tel me of Zenobia the Queene of the Palmeries and bysides her excellent learning of her noble Chiualrie nor of Artemisias that white liuered and cowarde Perses manly wife nor of our manly Voadica nor of any other the wise politike victorious Queenes that we haue before named or of any such like Our Debora shal serue vs one for al. Iabin the King of the Chananees had kept the people of Israel for their sinnes and offences to God twentie yeares in great misery slauery and bondage He had three hundred thousand footemen tenne thousand horsmen and three thousand charnotes seruing for the exploits of his warres This noble Debora sent for Baracke willing him to muster the people and with tenne thousand men to set vpon Sisara â—abins Capiteine But Barac would not go vnlesse she went also Wel saith she I wil go with the. When they should haue buckled Barac and th'Israelites fearing the huge multitude of th' enemies would haue recoiled backe into some safer and surer places Nay saith Debora depart not plucke vp your harts for al is ours And vpoÌ„ this they incountred with th'enimie and behold there fel sodainly vppon th' enimies faces so vehement a storme of raine and haile that it toke froÌ„ them their sight and did so sore beat them that for very cold and weaknes they were not able to hold their weapons in their hands Thervpon being wonderfully discouraged breaking ther aray they toke them to their fete and in fleeing some were slaine by th'Israelits some by their owne horsmen and Chariotes I speake not this of Debora bycause I think warlike matters properly and so well to apperteine to women as to men I know and do wel allow the saying in Homer of Hector to his wife 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 I speake it to this purpose only to shewe that a woman may not only haue ciuil regiment in other thinges but may intermedle also when the case requireth with warlike matters and be present with the Armie in the field And this also among other ancient and solemne ceremonies the gyrding of a Queene at her Coronation with a sworde the setting of a paire of spurres to her heeles may wel signifie Whiche Ceremonies though they haue ben vsed from the time of King Edward the Confessour at least and froÌ„ the noble Alured and that vpon Kings only except our owne time yet the reason and signification of the same may and doth take place in women Princes also to put them in remembrance to chastice al malefactours with conuenieÌ„t iustice Yea with speede to pursue not onely by their vnderofficers but in their owne Roial persons if the necessitie of the time require it their inward and outward enemies Wherein they haue a president in this worthie Debora This Barac of whom we haue spoken by the coÌ„sent of the most part of the expositors of holy Scripture was Deboras husband whereby ye may see that the matrimonial duety of the wise to the husband doth nothing repugne to the publike administration and office of the wife Eche without other may frindly and preaceably agree She may serue al turnes to the contentation of God her husband and the Commonwealth For the respect whereof the said husband being but a member and parcel of the same and as subiect to his wife in that respect as any other she may yea and ought to commaund the said husband and as the case may stand seuerely to punishe his outragiouse behauiour and doinges towardes the said Commonwealth This noble Debora therefore coÌ„demneth your Conclusion as both vnnatural and derogatiue to holy Scripture Neither wil this euasion relieue you that some of your affinitie for the maintenance of this so wrong an opinioÌ„ haue vsed that this is but one bare and an extraordinarie priuileged and personal example hauing none other the like in Scripture And therefore not to be drawen to make therof a rule or president for womanly gouernmeÌ„t If this your replie be effectual then farewel the Baptisme of yong children whereof it wil be harde to find more then one if that one example may be found in al the holy Scripture Then farewel a numbre of rights Ceremonies customes and orders aswel in ecclesiastical as in political affaires al which haue but one and some no one exaÌ„ple at al therein Yet it so being that the vse thereof is not repugnant to the said holy Scriptures they haue ben they are and may wel hereafter be kept vsed and obserued And yet I know no cause but that the worthy Iudith may be another example also who though she were not gouernesse of the CommoÌ„wealth at that time but others yet plaied she that parte that seemed moste abhorring and strange to woman kind deuising yea and most manfully and meruelously executing in her owne person the renoumed slaughter of the arrogant haughty and proude Tyrant Holofernes As her stomake and courage was manly and stout in that acte so was she not onely a noble vertuous woman but a marueilous wise womaÌ„ withal and so was taken and iudged to be of al the people Whereby it wil follow by good reason that in case she had ben the Gouernesse of al the people her gouerment would haue ben as wel profitable to the coÌ„monwealth as coÌ„formable both to nature and the holy Scripture also Which exaÌ„ple though it may seeme sufficieÌ„t to ouerthrow your answere be it neuer so artificially forged to Debora yet to refute and refel it vtterly not only by exaÌ„ples but euen by plaine and ful authoritie of holy Scripture let me be so bolde as to demaund your answer to a question or two First whether if a man seased in lands and possessions dye without issue male his daughter by holy Scripture shal inioy the said landes and inheritance or no In case ye say she shal not the plaine wordes of the scripture euideÌ„tly do reproue you If you grauÌ„t it theÌ„ aske I farder what if any
the death of the Lorde Darley before the Counsaile of EnglaÌ„d The causes vvhy the Earle Murray vvent about asvvel to make avvay the L. Darley as to depose the Queene The Earle Murray de clared the day before that the L Darley should be slaine Diuers assembles of the Earle Murray aÌ„d his adherents to consult vpon the slaughter of the L. Darley Indentures made and subscribed for the execution of the said purpose Diuers excuted in Scotland for the said murther vvhereof none could charge the Queene The Q. in a maÌ„ner miraculously deliuered out of Lochleuen prison The Commissioners appointed in EnglaÌ„d to heare the Quene of ScotlaÌ„d her maters vvel liked of her faid innocency and of her title to the succession of the Cioune An exhortation to the Earles Murray aÌ„d Murton aÌ„d others to reconcile theÌ„selues to the Q. The Q. of ScotlaÌ„d ful of mercy The ende of Rebels euer vnhappy Other Princes vvil not suffer the Quene of Scotland to be iniuried by her subiectes Man only hath the pierogatiue of vvit and reason among al earthlye creatures Men are most bouÌ„d to the preseruation of their CouÌ„trey A great coÌ„moditie to the coÌ„moÌ„ vvealth to knovv the heire appa rente Why all the vvorld almost doth enbrace succession of Princes rather then election Flores histor anno 1057. Richardus Canonicus sanctae Trinit Lond. Flor. histo anno 1190. Polid li. 14 Polid li. 20 The Quene of Scottes is right heire apparent to the Croune of Englande Inst de iust iure §. fin The common lavve of this Realme is rather grounded vpon a general custom then any lavve vvritten In Prologo suo eiusdem li. fo 1. et 2. De dict Ra nulpho GlaÌ„uilla uide Giraldum Cambren in topogra de Wallia Fortescue de lau Leg. Angl. c. 17. â— E. 4.19.33 H. 6.51 Pinsons printe Inst de iure natura geÌ„t ciuil §. ex non script 25. E. 3. The adueâ— sacies case pettineth to subiects only No Maxime of the lavve bindeth the Croune vnles the Croune specially be named Of the Tenante by the curtesy Nor that the landes shal be diuided among the daughters Not the vvife shall haue the third part 5. E. 3. Tit. praerog 21. E. 3.9 28. H. 6. Nor the rule oâ— Possessio fratris c. Nor that the executour shall haue the goods and Chattles of the resâ—atour 7. H. 4. sol 42. Nor that a traitour i vnable to take landes by discente and vvithout pardoÌ„ An ansvvere to the Aduersary making a difference be tvvene Attainder aÌ„d the birth out of the allegeaÌ„ce 22. H. 6. fol. 43. The suppo sed Maxime of the Aduersaries touching not Kinges borne beyond the sea as appeareth by King Stephen and King H. 2. The Aduersaries obiection touching King H. 2. auoided As touching Arthur King Richardes nephevve Vt autem pax ista summa dilectio taÌ„ multiplici quaÌ„ arctiori uin culo connectatur praedictis curiae uestrae Magnatibus id ex parte uâ— stra tractaÌ„tibus Domino disponente coÌ„diximus inter Arthurum egregiuÌ„ Dâ— cem BritaÌ„niae nepoteÌ„ nostrum haeredem si forte sine prole obirâ— nos contigâ— rit filiaÌ„ uestraÌ„ matrimonium contrahendum c. In tractatu paciâ— inter Richa 1. TancreduÌ„ Regem Si ciliae Vide Reg. Houeden RicharduÌ„ Canonicum S. Trinitatis Londin A false Maxime set forth by the Aduersarie 7. E. 4. fo 28.9 E. 4. fo 5.11 H. 4 fo 25.14 H. 4. fo 10. the statute of Edvv. 3. An. 25. to â— cheth inâ—e ritaÌ„ce not purchase â— H. 4. fo 25. Scotland is vvithin the allegeance of EnglaÌ„d The Lorde loseth not his seignorie though the tenaÌ„te doth not his seruice The causes vvhy the Croune caÌ„ not be coÌ„prised vvithin the pretended Maxime Without the croune there can neither be King nor allegeance 40. E. 3. fol. 10. 13. E. 3. Tit. Bref 264.16 E. 3. iurans desait 166.17 E. 3. tit scire fac 7. A Deane a Person a Priour being an Alien may demande lande in the right of his corporation An 3. R. 2.6 C. 3. fo 21. tit droit 26. lib. Ass p. 54.12 li. Ass tit enfant 13. H â— fol. 14.7 E. 4. fol. 10.16 E. 3. iurans defait 9. H. 6. fol. 33.35 H. 6. so 35.5 E. 4 fol. 70.49 li. Ass A. 8â— 22. H. 6. fo 31.13 H. â— so 14. The King is alvvaies at ful age in respecte of his Croune The Kings children are expresly excepted from the surmised Maxime â— LiberoruÌ„ ff de uerbo ruÌ„ signific L. Sed si de in ius uo caÌ„do instit de haere ab intest L. Lucius ff de baered instit L. Iusta L. Nâ—toruÌ„ L. Liberorum de uerb signif L. 2. § sâ— mater ad S. C. Tertul L. Filius de S. C. Maced L. Senatus de ritu nugâ— L quod sâ— nepotes ff test cuÌ„ notatis ibid. Infantes in Frenche couÌ„teruaileth this vvorde liberi in lat The grand fathers cal their nephues sonnes L. Gallâ—◠§ InstitueÌ„s ff de liber Eâ— post l. ff C. de impub. Alâ—is substan c 1. q. 4 Father and son coÌ„pted in person aÌ„d flesh in maner one Great absurditie in excluding the true aÌ„d right successour for the place of his birth only An euasion auoided preteÌ„ding the priuilege of the KiÌ„gs children not to be in respect of the Croune but of other laÌ„des The royall blood beareth his honour vvith it vvhereso euer it be Vide Anto. Corsetum de potest et excell regi q. 106. CoÌ„querors glad to ioinevvith the ioyall blood Henry the first L. â— ff de legious Commonvse and pâ—â—ctise the best interpretation of the lavv Eodâ— anno Rex cuÌ„ in diebus suis processisset AeldredaÌ„ Vigornen sem Episco pum ad Regem Hunga riae trans mittens reuocauit inde filium fratris sui Edmundi Eduardum cuÌ„ tota fa milia sua ut uel ipse uel filij eius sibi succedereÌ„t in regnum Flor. histor 1057. Flor histo â—066 Aelredus Regioual lens de reg Anglorum ad Regem Henr. 2. King Stephen and King H. â— The aduer saries fond imagination that King H. 2. should come to the croune by composition not by proximitie of blood Rex Stepha nus omni haerede ui duatus prae ter solummo do Ducem Henricum recognouit in conuentu EpiscoporuÌ„ aliorum de regno Optimatum quod Dux HeÌ„r ius hae reditariuÌ„ in regnuÌ„ Angliae habebat Et Dux benigne concessit ut Rex Stepha nus tota uita sua suuÌ„ regnuÌ„ pacifice possideret Ita tamen confirmatum est pactuÌ„ quod ipse Rex ipsttuÌ„e praesentes cum caeteris regni optimatibus iurareÌ„t quod Dux Henr. post morteÌ„ Regu si illum superuiueret regnum sine aliqua contradictione obtincret Flor. histo An 1153. The like fond imagination touching King Richardes nephevv Diuersitie of opinioÌ„s touching the vncle aÌ„d nephue vvhether of them ought to be preferred in the royall gouernement