A TREATISE TOVVCHING THE RIGHT TITLE AND INTEREST OF THE MOST excellent Princesse Marie Queene of Scotland And of the most noble king Iames her Graces sonne to the succession of the Croune of England VVherein is conteined asvvell a Genealogie of the Competitors pretending title to the same Croune as a resolution of their obiections Compiled and published before in latin and after in Englishe by the right reuerend father in God Iohn Lesley Byshop of Rosse VVith an exhortation to the English and Scottish nations for vniting of them selues in a true league of Amitie An 1584. All Britaine Yle dissentions ouer past In peace faith will growe to one at last Encrease of blesse expected long In Britain was begonne VVhen suche a mother dyd bring foorth VVith so good happe a sonne MARIA SCOTORVM REGINA IACOBVS VI SCOTORVM REX Through princelie grace and pietie Great is the mothers fame The king her sonne doth yeeld muche hope To imitate the same TO THE SACRED AND MOST MIGHTIE EMPEROVR AND TO THE MOST HIGH AND PVISSANT kynges and Soueraigne Princes of Christendome Iohn Lesley Byshop of Rosse wysheth peace and perpetuall felicitie SACRED AND MOST MIGHTIE Emperour and ye most puyssant kynges and Princes Christian yf you call to mynde and memorye all formes of common wealthes wherein diuerse people in tymes past aswell heathen as Christians haue bene preserued you shall finde none eyther for peace and tranquyllitie more established or for Maiestie more gloriouse than that where one hathe gouerned whiche laufullie entred as right heyr in succession and moderated all thinges with sincere indifferencio as a Iust and vpright Iudge And to omitt that this forme of Gouernemēt resembleth that regimēt wherwith God ruleth the whole world and how therfore it is the best to omitt also that the leagues of forrain Princes with their mariages and mutuall agreementes in loue and amitie are herein also included and how therfore it is profitable Likewyse to lett passe the generall peace quiett and tranquillitie whiche this assureth to all men and how therfore it is amiable the trueth of this matter will more euidentlye appear if you deeply consider what iniuries and calamities the people of that country is forced to endure where an vsurping Tyrāne not by right of successiō as laufull heir vnto his auncestor but by ambition stronghand violently intrudeth hym selfe vpon an other mans right possession For suche a one by vexing his subiectes with continuall fear oppressing them with wicked exactions and more wicked morders sticketh not to subuert all lawes of God man to the ende that he may rule all alone Thus whiles he most cruelly tirannizeth ouer his subiects and they most mortally doe hate hym what mischiefes and miseries do not burst in vpon any nation by suche a desperate head and suche discorde of membres Vherupon it foloweth well in my Iudgement that the good will of Princes toward their subiectes and the loue of Subiectes toward their Princes is the surest meanes to keepe and preserue the publick weal of any Countrie In somuche as what Region so euer wanteth this must eyther be deuided in it selfe and torne in peces with domesticall troubles or fall in to the handes of straungers Therfore of all nations that haue bene in any age I finde none that by this coniunction of mutuall amitie hathe not bene aduaunced with great felicitye and none on the other syde that by want therof hathe not eyther lyke a sore diseased or wounded bodye languished miserablye or vtterly deuolued in to extreme ruyne and destruction Yea suche misruled nations haue not alone tasted the calamities of their enormityes but haue wickedlye also casten out their vonim vpon others and with suche contagious poyson haue infected their neighboures rownd about them So as all Princes Christian that desire long to Raigne haue hereby to note and learne how it behoueth them not onlie to rule their own Countries without all manner of Tirannie but allso to prouyde so muche as in them lyeth that their neighbours be not oppressed by Tyrannes For suche neyghborhoode can not be but contagiouse because it is the nature of Tyrannes first to ransake and spoyle their own people and afterward to breake owt vpon others and to ruyne them all manner of wayes And this I wryte to the ende that all Christian Princes aswell for their own sake as for Charitie also toward their Christian neighbours should haue some speciall care to helpe that my Soueraigne Ladye Marye Queene of Scotland and the most noble King her sonne be not excluded and barred frome their right of inheritance and succession to the Croune of England after the laufull yssues of King Henrye the eyght be all deceassed Least that by vniust intrusion and inuasion of vnlaufull vsurpers the true heyr be defeated that florishing Kyngedome by tyrannie ruyned and the neighbours adioyning contagiouslye annoyed Fort sithe it is euidently knowen that all those commodities and riches wherwith England hathe plentifully furnished not onlye it selfe but other countries also haue growen specially by this occasion that it hathe bene hitherto sweetlye and peaceablye gouerned by the true and laufull heyrs to the great honour of the Gouernours and commoditie of the Subiectes and seing it is also manifest that after the deceases of all the yssues laufullie descended from Kyng Henrie the eight as I sayd before the Kyngdome of England by right euery waye belongeth vnto Marye the Queene of Scotland who seeth not that if the same Ladye be excluded from her right then not only that Realm shall be spoyled of their own commodities and their neighboures want those helpes which they haue long enioyed but also that Region wil be a neast of Tyrannes where euery familie shall robbe it selfe and as mere straungers spoile and morder one an other Now then because some vniust Competitors incensed with desire of rule doe couer their ambition by pretending a title to the Croune of England I thought it to be a part of my duetie to infringe their vntrue surmises and by strong and weightie argumentes to proue and ratifie the laufull title and right of the Queene and Kynge my Soueraigne Princes For so I hope it will fall owt that all Christian Kinges and Potentates will more reddelye performe suche honorable offices of Courtesie and Charitie as all Princes owe one to an other and that speciallie when they shall see the veritie integritie and iustice of this cause so expresselie declared as no scruple therof can stick in the hart of any indifferent persone For thoughe generallie all Christian Kynges are as it wer so lynked to gether as they should aide and defende eache others honour and dignitie in respect that they are Kynges Yet euery one of them in some one or other particulrr respecte is so allied vnto the Queene and Kyng of Scotland as they owght to take her part and to ioyne with her against her enemies And to surcease from speaking any more of the
doe alleige for their proofe to the ende that by suche discourse on bothe parties the trueth may better appeare King Henry the seuenth The processe of the descent of the houses of York Lancastre and their diuersites in Armurye being descended of the house of Lancastre had for his wyfe Elizabeth eldest daughter of kyng Edward rhe fowrth and right heyr of the house of Yorke By which marieage the bloodye broyles cruell factions of those two noble howses which so many yeres had miserably afflicted the state of England being called the factions of the white Rose and the reade meaning by the white Rose the house of York and by the reade Rose the house of Lancastre vpon that diuersitie in Armurie were by the mercifull prouidence of God broken and ended For those two mightie families descending th one from Iohn of Gaunt Duke of Lancastre the other from Edmond Duke of Yorke two of the sonnes of king Edward the thirde striuyng for the kyngdome did drawe after them in contrary parties all the nobles and Cōmons of that Realme And no ende nor measure of ciuile dissentions slaughters and morders could be founde vntill suche tyme as the titles interests of those two houses were by the sayd mariage cōbyned in one and closed together and thereby all factions and domesticall dissentions ceased and determined The originall cause of those dissentions was as here after foloweth The cause of debate betvvene the houses of Yorke and Lancastre Kyng Edward of England the third had fower sonnes of whome there was yssue to witt Edward Prince of wales whiche was the eldest sonne Lionell duke of Clarence the next Iohn of Gaunt duke of Lancastre the thirde And Edmund of Langley Duke of Yorke the fowerth sonne Edward Prince of wales dyed before his father left a sonne which succeded his Graund father was called king Richard the second This Richard was by his cousin germain Henry sonne of the said Iohn of Gaunt by Blanche his wyfe deposed from hys kyndome and dyed in prison without yssue And then the kyngdome was translated to the heirs of the thyrd brother and so to the house of Lancastre by this meanes Lionell the second of the sayd fower brothers Duke of Clarence had one onely daughter heir called Philippe she was Maried to Edmund Mortimer Erle of Marche and by him had a sonne called Roger Mortimer Erle of Marche whose daughter and sole heir called Anne was the wyfe of Richard Erle of Cambringe And by him had yssue Richarde Plantagenet Duke of Yorke heyr in descent to Edmund of Langley the fowerth brother before named Thus the house of yorke by mariage of the sayd Anne heir of the house of Clarence gained a nearer title to the Croune of Englād And therupō folowed priuie grudge malice hatred and afterward horrible warres betwene those two families The thirde brother Iohn of Gaunt had to his first wyfe the Ladie Blanche daughter and sole heir of Henry Duke of Lancaster descēded of Edmond Erle of Lancastre called Edmonde crowcheback sonne of king Henry the third Polidor li. 16 〈◊〉 Some there were as Polidor writeth which afterward reported that this Edmond crowchebacke was the eldest sonne of the sayd king Henry the third and therfore his heir but by reason of his deformitie his brother Edward was perferred to the Croune In so muche as vnder pretense hereof the before named Henry sonne of Iohn of Gaunt by the sayd Blanche which deposed king Richard the second as is before mensioned to shewe some coloure of good title to the Croune and for to auoyde suspicion of iniuriouse intrusion was aduised by his freends at the tyme of his coronation to clame that kyngdome in the right of his mother the sayd Ladye Blanche But bycause that pretense was misliked the same kyng Henry the fowerth deuised other matter of title and published the same by proclamation Polidor li. 21. in initio as Polidor also writeth and vnder pretense thereof clamed the kyngdome and called hym selfe kyng Henry the fowerth After hym succeded his sonne king Henry the fyft maryed the Ladye Catharin the onely daughter of the sixt kyng Charles of France and by her had a sonne called Henry the sixt whome king Edward the fourth descēded of the house of Yorke dyd cast into prison where he dyed recouered the kyngdome to hym selfe and after the battail of Teukesbury caused Edwarde sonne of the same king Henry the sixt priuilye to be put to death Yet neuerthelesse the house of Lancastre did stand For Iohn of Gaunt before named by his third and last wyfe had a sonne called Iohn Erle of Somerset and Marques of Dorcestre And this Iohn had a sonne named Iohn Duke of Somerset and Erle of Montague and a daughter called Ioan she was maried to the first Iames king of Scotland the third of the house of Stewards after the two Roberts the second and third This Iames the first was father to Iames the secōd father of Iames the third father of Iames the fowerth kynges of Scotland VVhich Iames the fowerth maried the said Queene Margaret eldest sister to kyng Henry of England the eight and by her had Iames the fyft father of Marie now Queene of Scotland The sayd Iohn Duke of Somerset and Erle of Montague had one onely Daughter called Margaret Duchesse of Somerset whiche was maried to Edmond afterward Erle of Richemond brother of the halfe blood to king Henry the sixt by one the same mother the sayd Queene Catharin for his fathers name was Owen Teuther the second husband of the same Queene Catharin This Edmond had by the said Lady Margaret Duchesse of Somerset a sonne called Henry who vpō the death of that Tyranne the third kyng Richard obteyned the kyndome of England and was named king Henry the seuenth But to come to the house of york descended of the fowerth sonne of kyng Edward the third so it is that Richard the before named Erle of Cambridge by his sayd wyfe the Lady Anne mortimer before named the only heir of the house of Clarence had as is before sayd a sonne called Richard Duke of York This Richard the principal persone of the faction whiche dyd beare the white Rose after great warres with king Henry the sixt the cheefe of that syde whiche dyd beare the read Rose was slayne in the battail of VVakefeild And had three sonnes Edward Duke of Yorke George Duke of Clarence and Richard Duke of Glocestre This Edward Duke of York as is before mentioned put the sixt king Hēry in prison obteined the kingdome and so brought the Croune to the house of York and was called king Edward the fowerth He had a sonne whiche succeded hym and was called kyng Edward the fyft and a Daughter the Lady Elizabeth afterward wyfe to king Henry the seuenth The second brother George Duke of Clarence was by his brother kyng Edward the fowerth put to death he had a daughter
ere the first yere of his vsurped reigne turned about he was spoiled and turned out of both Croune and his life withal Yea his vsurpatiō occasioned the cōquest of the whole realme by VVilliā Duke of Normandie bastard sonne to Robert the sixt Duke of the same And may you thinke al safe sound now from like dāger if you should tread the said wrong steppes with Harolde forsaking the right and high way of law and iustice VVhat shal I now speake of the cruel ciuil warres betwene king Stephen and king Henry the second whiche warres rose by reason that the said Henry was vniustly kept from the Croune dew to his mother Maude and to him afterwardes The pitiful reigne of the said Iohn who doth not lamēt with the lamentable losse of Normandie Aquitaine the possibilitie of the Dukedome of Britanie and with the losse of other goodly possessions in France whereof the Croune of England was robbed and spoiled by the vnlawfull vsurping of him against his nephew Arthur VVell let vs leaue these greuouse and lothsome remembrances let vs yet seeke if we may finde any later interpretatiō either of the said statute or rather of the common law for our purpose And lo the great goodnes and prouidence of God who hath if the foresaid exāples would not serue prouided a later but so good so sure apt mete interpretatiō for our cause as any reasonable hart may desire The interpretatiō directly toucheth our case I meane by the mariage of the Lady Margaret eldest daughter to King Hēry the vij vnto the fourth king Iames of Scotland and by the opinion of the same most prudent Prince in bestowing his said daughter into Scotlād a matter sufficient enough to ouerthrow all those cauilling inuētiōs of the aduersaries For what time King Iames the fourth sent his Ambassadour to King Henry the seuenth to obteine his good will to espouse the said Lady Margaret Polid. 26. there were of his Counsaile not ignorant of the lawes and Customes of the Realme that did not well like upon the said Mariage saying it might so fal out that the right title of the Croune might be deuolued to the Lady Margaret and her children and the Realme therby might be subiect to Scotland To the whiche the prudent and wise king answered King H. 7. vvith his Counsaile is a good interpretor of our present cause that in case any suche deuolution should happen it would be nothing preiudiciall to England For England as the chief and principal and worthiest parte of the I le should drawe Scotland to it as it did Normandie from the time of the Conquest VVhich answere was wonderfully well liked of all the Counsaile And so consequently the Mariage toke effect as appereth by Polydor the Historiographer of that Realme and suche a one as wrote the Actes of that time by the instruction of the king him selfe I say then the worthy wise Salomon foreseeing that such deuolution might happen was an interpretour with his prudente and sage Counsaile for our cause For els they neaded not to reason of any such subiection to Scotlande if the children of the Ladie Margaret might not lawfully inherite the Croune of England For as to her husband Englād could not be subiect hauing him selfe no right by this mariage to the Title of the Croune of that Realme VVherevpon I may well inferre that the said newe Maxime of these men whereby they would rule and ouer rule the successiō of Princes was not knowen to the said wise king neither to any of his Counsaile Or if it were yet was it taken not to reache to his blood royall borne in Scotlande And so on euery side the Title of my Soueraigne Lady Queene Marie is assured So that now by this that we haue said it may easely be seen by what light and slender cōsideration the aduersaries haue gone about to strayne the worde Infantes or children to the first degree only Of the like weight is their other consideration imagining and surmising this statute to be made bicause the king had so many occasions to be so oft ouer the sea with his spouse the Queene As though diuers kings before him vsed not oftē to passe ouer the seas As though this were a personal statute made of a special purpose and not to be taken as a declaration of the common law VVhiche to say is most directely repugnant and contrary to the letter of the said statute Or as though his children also did not very often repaire to outward Countries The mariages of King E. 3. sonnes as Iohn of Gaunt Duke of Lancastre that Maried Peters the king of Castiles eldest daughter by whose right he clamed the Croune of Castile as his brother Edmund Erle of Camhridge that maried the yongest daughter as Lionell Duke of Clarence that maried at Milaine Violant daughter and heir to Galeatius Duke of Milan But especialy 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 Gascoine and his other sonne Richard that succeded his grandfather was borne at Burdeaux And 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 Philip to the King of Portugall and his daughter Catherin to the king of Spaine his Neece Iohan daughter to his sonne Erle 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 Britānie Now by these mennes interpretation none of the issue of all 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 Aūcestours VVhich surely had bene against the auncient presidentes examples that we haue declared and against the common Lawe the whiche must not be thought by this Statute any thing taken away but only declared and against all good reason also For as the kings of England would haue thought that Realme greatly iniuried if it had bene defrauded of Spaine or any of the foresaid countreies being deuolued to the same by the foresaid Mariages so the issue of the foresaide noble women might and would haue thought them hardly and iniuriously handled yf any such case had happened Neither suche friuolous interpretations and gloses as these men nowe frame and make vpon the statute woulde then haue serued nor nowe will serue A fond imagination of the Aduersaries of the statute of 25. E. 3. But of all other their friuolous and folish ghessing vpō the clause of the statute for Infantes de Roy there is one most fond of all For they would make vs beleue
matter groweth to faction and from factiō bursteth out to plain and open hostilitie wherevpō foloweth passing great perilles and oftentimes detestable alterations and subuersions of the plublick state For the better auoyding of suche and lyke inconueniences albeit at the beginning Princes reigned not by descent of blood and succession VVhy all the vvorld almost embraceth succession of princes rather than election but by choyse and election of the worthiest the world was for the most part constreyned to reiect and abandon election and so oftentimes in stead of a better and woorthier to take for their Gouernour some certain issue ofspring of one family though otherwyse perhappes not so mete VVhich defecte is so supplied partly by the greate benefit of the good reast and quyetnesse that the people vniuersally enioye by this course of succession and partly by the industrie and trauail of graue and sage personages whose counseil Princes doe vse in their affaires that the whole world in a manner these many thousand yeres hath embrased successiō by blood rather than by election And all politike Princes wanting issue of their own bodies to succede them haue euer had a speciall care foresight for auoyding of ciuil dissention that the people allwayes myght knowe the true and certain heyr apparent of the Croune specially when there appeared any lykelyhode of varitie of opinions or factions to ensue about the true and laufull succession in gouernement The care of English kinges to haue the successour to be knovvn This care and foresight doeth manifestly appear to haue bene not only in manye Princes of forain Countreis but also in the kynges of England aswell before as after the Conquest namely in S. Edward kyng of England that holie Confessour by declaring and appoynting Edgar Atheling his nephews fonne Flores hist anno 1057 to be his heyre as also in kynge Richard the first who before he interprised his Iourney to Ierusalem Richard Chanon of the Trinitie ī Londō assembled his Nobilitie and Commons together and by their consentes declared Arthure sonne of his brother Duke of Britain to be his next heir and Successour of the Croune Of whiche Arthure flores hist anno 1190 Poli. l. 14. as also of the sayd Edgar Atheling we will speake more hereafter This care also had king Richard the second what time by authoritie of Parlament he declared for heir apparent of the Croune the Lord Edmond Mortymer that Maried Philip daughter and heyr of his vnkle Leonell Polid. l. 20. duke of Clarence And to descend to later times the late kyng Henry the eight shewed as it is knowen his prudence and zelous care in this behalfe before his last voyage in to Fraunce And nowe if almightie God should as we be all bothe prince and others subiecte to mortall chaunces once bereaue the Realme of England of their present Queene the hartes and mindes of men being no better nor more firmely setled and stayed towardes the expectation of a certain succession than they seme now to be then woe alas it woundeth my very hart euen once to thinke vpon the imminent and almost ineuitable perilles of that noble Realme being lyke to be ouerwhelmed with the raiging roaring waues stormes of mutuall discorde and to be consumed with the terrible fire of ciuil dissention The feare whereof is the more by reason that already in these later yeres some flames of this horrible fire haue sparkled and flushed abroad some part of the rage of those fluddes haue beaten vpon the Englishe shores I mean the hote contention that hath there bene sturred in so many places and among so many persones Of bookes also dispersed abroode so many wayes fashioned framed as either depraued affection peruersely lusted or zelous defense of truthe sincerely moued men Seing therfore that there is iust cause of fear and of great daunger lykely to happen by this varietie of mennes myndes and opinions so diuersely affected aswell of the meaner sort of menne as of greate personages I take it to be the parte of euery naturall Englishe man of suche as fauoure them to labour and trauaile eache man for his possibilitie and for suche talent as God hath gyuen hym that this so imminent a mischiefe may be in conuenient time preuented VVe see what witt policye paynes and charges men employe with dammes weares and all kynde of ingenious deuises to prouide that the sea or other riuers doe not ouerflowe or burst the bankes in suche places as are most subiecte to suche daunger VVe knowe also what politike prouision is made in many good Cities and townes that no daungerous fires do aryse through negligence and that the furie therof if any happen may speedilye be repressed with diligence VVherein Augustus the Emperour among other his famours actes is woorthely commended honored for appointing in Rome an ordinary wache of seuen companies in seuerall places to preuent suche mischiefes as come by fyre being hereunto induced by reason that the Citie was set on fire in seuen seuerall places in one daye And shall not then euery man for his part and vocation haue a vigilant care and respect to extinguishe and quenche fuche a fyre alreadye bursten owt as may if the matter be not wyselye looked vnto subuert distroy and consume not one Citie onlye but also a whole Realme Countrye VVhiche to suppresse one ready and commodiouse waye as I thinke is that the Countrey men people of that nation may throughly vnderstand and knowe from time to time in what persone the right of succession of the Croune of that Realme doeth stande and remayne For now many men partly through ignorance of the sayd right title partly through sinister persuasion of some lewd pamphlets whereunto they haue too lightly giuen credit are seduced and caried away quite from the right opinion and good meaning whiche once they had conceiued and from the reuerence and duetie that they other wyse woulde and shoulde haue VVhiche corruption of Iudgement and opinion I doe hartely wishe to be plucked out of the hartes and mindes of men and shall in this Treatise doe my best indeuoure with moste strong reasons and prooses to remoue the same not presuminge vpon my selfe that I am better able than all others this to doe but vpon duety and zeal to open a waye fot the knoulege of trueth whiche by so many indirect meanes is restreined obscured and persecutde after reading and vewing of suche bookes and the argumentes therof as haue bene set forth by the aduersaires to the contrarie whiles I was in England Ambassador for my most gratiouse Soueraigne ladye the Quene of Scotland I attempted this woork not vnrequested of some noble personages then of great accompte nor without the aduise counsail and Iudgement of some verie skillfull in the customes lawes and statutes of that Realme VVherein I verily hope to showe suche good matter for euident demōstration of the truth as semeth to me
the woord nepos A nephevv that is to say a sonnes sōne or daughters sonne though not by the propertie of the voice or speache L. Filius de S.C. Maced L. Senatus de ritu nupt L. quod si nepo tes ff test cū notatis ibid. Infantes in Frenche coūtervaileth this vvorde liberi in lat yet by interpretation admittable in all suche thinges as the lawe disposeth of And as touching this word Infants in French we say that it reacheth to other descēdantes as well as to the first degree VVherein I do referre me to suche as be expert in the saide tongue There is no worde in English for the barennes of that tongue to coūterpaise the said French word Infantes or the Latin word Liberi Therefore doe they supply it as wel as they may by this worde Children The Spaniardes also vse this worde Infantes in this ample sense when they call the nexte heire to the heire apparent Infant of Spaine euen as the late deceased Lord Charles of Austrich was called his father grandfather then liuing Yf then then the original woord of the statute declaring the said rule may naturally properly apperteine to all the Descendants why should we straine and bynde it to the first degree only otherwise than the nature of the worde or reason will beare For I suppose verely The grand fathers call their nephues sonnes L. Gallus § Instituens ff de liber Et post I. ff C. de impub. Aliis substan c. 1. q. 4. Father and son cōpted in person flesh in maner one that it wil be very harde for the Aduersarie to geue any good substantial reason why to make a diuersitie in the cases But touching the contrarie there are good and probable considerations which shall serue vs for the second cause As for that the grandfathers call their nephewes as by a more pleasant plausible name not only their children but their sonnes also for that the sonne being deceased the grandfather 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 beinge compted in person and in flesh in manet but as one VVhy shall 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 cōiunction Adde there vnto the many great absurdities that may hereof spring and ensue Diuerse of the kinges of the Realme of Englād as well 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 Great absurditie in excluding the true right successour for the place of his birth onely VVhich they would neuer so often times haue done if they had thought that whyle they went aboute to set fotth and aduaunce their issue their doinges should haue tended to the disheriting of them from so great large and noble a Realme as that is whiche might haue chaunced 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 childrē to succede their grandfather This absurditie would haue bene more notable if it had chaunced about the time of Kinge Henry the second or this King Edward or King Henry the firste and sixte when the possessions of the Croune of that Realme were so amply enlargid 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 chaunced as by possibilitie it might haue chaunced 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 furuiuing his father and grandmother they hauing none other issue so nigh in degree then would this late framed Maxime haue excluded the same sonne lamentably 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 appurtenances of the Dukedom of Milan and other landes and Dominions in Lumbardy and Italie as also from the Dukedomes of Brabant Luxemburg Geldres Zutphan Burgundie Friseland from the Countreies of Flādres Artois Holland Zealand Namurs and from the new found lands parcel of the said kingdome of Spaine VVhich are vnlesse I be deceiued more ample by dubble or treble than all the Countreies now rehearsed Al the whiche 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 iolie new 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 obseruinge there in this rigourous pretensed rule that should by one hundred part counteruaile this importable losse and spoile of the Croune and of the lawfull inheritour of the same But perchāce for the auoiding of this exceptiō limited vnto the blood roial some wil say An euasion auoided pretending the priuilege of the Kīgs children not to be in respect of the Croune but of other lādes 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 VVhiche although we might very well admit allowe yet can it not be denied but that the same priuilege was graunted vnto the Kinges children and other descendantes of the Blood royall by reason of the dignitie and worthines of the Croune whiche the King their father did enioy and the great reuerence whiche the lawe geueth of dewtie therevnto And therefore if the aduersaries would go about to restraine withdraw from the Croune that priuilege which the law geueth to the kings childrē for the Crounes sake they should doo therein contarie to al reason against the rules of the Arte of Reasoning which saith that Propter quod vnumquodque illud magis Beside that I would faine knowe by what reason might a man saye that they of the Kinges Blood born out of the allegeance of England may inherite landes within that Realme as heires vnto theyr Ancestours and yet not to be able to inherite the Croune Truly in mine opiniō it were against all reason But on the contrarie side the very force of reason muste driue vs to graunt the like The royall blood beareth his honour vvith it vvhereso euer it be Yea more great and ample priuilege and benefit of the lawe
in the succession of the Croune For the Roial blood where so euer it be found will be taken as a pretious and singular Iewell and will carie with it his worthie estimation honour with the people and where it is dew his right withall Vide Anto CorsetuÌ„ de potest et excell regi q. 100. By the Ciuill lawe the right of the inheritance of priuate persones is hemmed and inched within the bandes of the tenth degre The Blood Roial runneth a farther race so farre as it may be found therfore the great mightie Conquerors are glad faine to ioyne in affinitie with the blood Roial OoÌ„querors glad to ioine vvith the royall blood Henry the first euer fearing the weaknes of their owne bloddie sworde in respect of the greate force and strength of the other For this cause was Henrie the firste called for his learning wisedome Beauclerke glad to consociate and couple him selfe with the auncient Roial blood of the Saxons whiche continueing in the Princely succession 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 reunited From this Edward my sayd souueraine ladie the Queene of Scotland taketh her noble auncient Pedegrue These then and diuers other reasons causes mo may be alleaged for the weighing setting foorth of the true meaning and intent of the said law Now in case these two causes and consideratioÌ„s will not satisfie the aduersaries we wil adioine there vnto an other whiche they shall 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 VVe stand vpon the interpretation of the common law recited and declared by the said statute L. fin ff de legibus 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 law is custome Common vse and practise the best interpretation of the lavve EodeÌ„ anno Rex cuÌ„ in diebus suis processisset AeldreduÌ„ VigornenseÌ„ EpiscopuÌ„ ad RegeÌ„ Hungariae transmittens reuocauit inde filium fratris sui Edmundi Eduardum cuÌ„ tota familia sua vt vel ipse ver filii eiê° sibi succederent in regnum Flor. histo 1057. 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 suche as were plainely borne out of the kinges allegeance The foresaid vse and practise appeareth as wel before as sithens the time of the Conquest Among other king Eduard the Confessour being destitute of a lawful Heire whithin the Realme sent into Hungary for Edward his Nephew surnamed Out law son to king EdmuÌ„d called Ironside after many yeres of his exile to returne into England to the intent the said Outlaw should inherite that Realme whiche neuerthelesse came not to effect by reason the said outlaw died before the sayd king Edward his Vncle. After whose death the said king appointed Eadgar Adeling sonne of the said Outlaw being his next cosen to be his heire as he was of right to the Croune of England And for that the said Eadgar was but of yong and tender yeres and not able to take vpon him so great a gouernement the said king committed 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 welde the state of a king Flor. bislo 1066. Aelredus Regional leÌ„f de reg AngloruÌ„ ad Regem Henr. â— VVhich Harold neuerthelesse contrary to the trust supplanted the said yong Prince of the kingdome and put the Croune vpon his owne head By this it is apparent that foraine birth was not accoÌ„pted before the time of the Conquest to be a iust cause to repel and reiect any man beinge of the next proximitie in blood from the Title of the Croune And though the said king Edward the Confessors will and purpose tooke no suche force and effect King Stephen and King H. 2. as he desired and the lawe craued yet the like succession tooke place effectuouslye in king Stephen and king Henry the second as we haue already declared Neither will the Aduersaries shift of forainers borne of father and mother which be not of the kings allegeance The aduersaries fond imagination that H. 2. should come to the Croune by compositioÌ„ not by proximitie of blood Rex Stephanus omni haerede viduatus praeter soluÌ„ modo DuceÌ„ Henricum recognouit in conueÌ„tu EpiscoporuÌ„ aliorum de regno Optimatum quod Dux Henr. ius haereditariuÌ„ iÌ„ regnuÌ„ Angliae habebat Et Dux benigne concessit vt Rex Stephanê° tota vita sua suuÌ„ RegnuÌ„ pacifice possideret Ita tamen confirmatuÌ„ est pactuÌ„ quod ipse Rex ipsi tunc praesentes cuÌ„ caeteris regni optimatibê° iurareÌ„t quod Dux Henr. post morteÌ„ Regis si illum superâ—iueret regnum sine aliqua coÌ„ntradictione obtineret Flor. histo An. 1153 The like fond imagination touching King Richardes nephevv Diuersitie of opinions touching the vncle nephue vvhetherof them ought to be preferred in the royall gouuernement help them forasmuche as this clause of the said statute is not to be applied to the kings children but to others as appeareth in the same statute And these two kings Stephen and Henrie the .2 as they were borne in a forain place so their fathers and mothers were not of the kings allegeance but mere Aliens and strangers And how notorious a vaine thing it is that the Aduersaries would perswade vs that the said King Henrie the second rather came in by force of a composition then by the proximitie and nearenes of blood I leaue it to euery man to consider that hath any maner of feling in the discours of the stories of that realm The composition 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 thereby than 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 children And no dout in case she had had any children by the Emperour they should haue ben heires by successioÌ„ 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 afrer her her children Not long after she was maried to Ieffrey Plantagenet a Frenchman borne Earle of Aniowe who begat
exclude the said Queene of Scotland being called to the Croune by the Title of generall heritage then is the municipial law of France likewise good and effectual consequeÌ„tly the kings of England haue made all this while an vniust wrongfull clame to the Croune of FraÌ„ce But now to go somewhat further in the matter or rather to come neerer home and to touche the quicke we say as there was some apparent good cause why the king should the twentie and eight yeare of his reigne thinke vpon some limitation appointement of the Croune king Edward as yet vnborne so after he was borne and that the Title and interest of the reuersion of the Croune after him was the thirtie and fifte yeare by Parlament confirmed to the late Queene Marie and her sister Queene Elizabeth it is not to be thought that he would afterward ieoparde so great a matter by a Testament and will whiche may easely be altered and counterfeyted and least of all make suche assignation of the Croune as is nowe pretended For being a Prince of such wisdome and experience he could not be ignorant that this was the next and rediest way to put the state at least of both his daughters to great peril and vtter disherison This supposed vvill geueth occasion of ambitious aspiring For the Kinges example and boldnes in interrupting and cutting away so many branches of the neerest side and line might soone breede in aspiring and ambitious hartes a bolde and wicked attempte the way being so farre brought in and prepared to their handes by the Kinge him selfe and their natures so readie and prone to follow euil presidents and to clime high by some colourable meanes or other to spoile and depriue the said daughters of their right of the Croune that should descend and fal vpon them and to conuey the same to the heires of the said Ladie Francis And did not I pray you this drift and deuise fall out euen so tending to the vtter exclusion of the late Queene Marie and her Sister Queene Elizabeth if God had not repressed and ouerthrowen the same These reasones then presumptions may seme wel able and sufficient to beare doune to breake doune and ouerthrow the weake and slender presumptions of the Aduersaries grounded vpon vncertaine and mere surmises ghesses and coÌ„iectures as among other that the king was offended with the Queene of Scotland and with the Ladie Leneux VVhich is not true And as for the Ladie Leneux it hath no maÌ„ner of probabilitie as it hath not in dede in the said Queene And if it had yet it is as probable and much more probable that the king would haue especially at that time for suche cause as we haue declared suppressed the same displeasure Graunting now that there were some such displeasure was it honorable either for the King or the Realme or was it thinke ye euer thought by the Parlament that the king should disherite them for euery light displeasure And if as the Aduersaries confesse the king had no cause to be offeÌ„ded with the Frenche Queenes children why did he disherite the Ladie Francis and the Ladie Eleonor also Their other presumption which they ground vpon the auoyding of the vncertenty of the succession by reason of his will is of smal force and rather turneth against them For it is so farre of that by this meanes the succession is made more certaine and sure as contrarywise it is subiecte to more vncerteintie and to lesse suertie than before Succession to the Croune more vncerten by the supposed vvill than before For whereas before the right and clame to the Croune hong vpon an ordinarie and certaine course of the common lawe vpon the certaine and assured right of the royall and vnspotted blood yea vpon the very lawe of nature whereby many inconueniences manie troubles daungers and seditions are in al Countries politikely auoyded so now depending vpon the statute onely it is as easie by an other statute to be infringed and ouerthrowen and depending vpon a Testament it is subiect to many corruptions sinister dealinges cauillations yea and iust ouerthrowes by the dishabilitie of the Testatours witnesses or the Legatorie himselfe or for lacke of dewe order to be obserued or by the death of the witnesses vnexamined for many other like coÌ„sideratioÌ„s The Monuments of all antiquitie Much forgerie and counterfeyting of TestameÌ„ts the memorie of al ages of our owne age dayly experience can tel and shewe vs many lamentable examples of many a good lawfull TestameÌ„t by vndue and craftie meanes by false suborned witnesses by the couetous bearing and maintenance of such as be in authoritie quite vndone and ouerthrowne VVherefore Valerius Maximus crieth out against M. Crassus Valerius Maximus dict et fa. lib. 9. 6. 4. and Q Horiensius Lumina Curiae ornamenta Fori quod â—celus vindicare debebant inhonesti lucri captura inuitati authoritatibus suis texerunt This presuÌ„ption then of the Aduersaries rather maketh for vs and ministreth to vs good occasion to thinke that the king would not hasard the weight and importance of such a matter to reste vpon the validitie or inualiditie of a bare Testament only By this that we haue said we may probably gather that the King had no cause to aduenture so great an interprise by a bare will and Testament Ye shall nowe heare also why we thinke he did neuer attempt or enterprise any such thing It is well knowen the King was not wonte lightly to ouerslippe the occasion of any great commoditie presently offered And yet this notwithstanding hauing geuen to him by Acte of Parlament the ordering and disposition of all Chantries and Colleges he did neuer or very litle practise and execute this authoritie And shall we thinke vnlesse full and sufficient proofe necessarily enforce creditte that the King to his no present commoditie and aduantage but yet to his greate dishonour and to the greate obloquie of his subiectes and other Countries to the notable disherison of so may the next royall blood did vse any such authoritie as is surmised Againe if he had made any suche assignation who doubteth but that as he coÌ„ditioned in the said pretensed will with his noble daughters In this supposed vvill is no condition for the mariage of the heires of the L. Francis as is for the Kinges ovvne daughters to marie with his Counsels aduise either els not to enioy the benefitte of the succession he would haue tyed the said Ladie Francis and Ladie Eleonours heirs to the same condition Further more I am driuen to thinke that there passed no such limitation by the said king Henries will by reason there is not nor was these many yeares any original copy therof nor any authentical Record in the ChaÌ„cerie or els where to be shewed in all England as the Aduersaries them selues confesse And in the copies that be spread abrode the witnesses pretended to be preseÌ„t at the signing
by the force of that surmised will whereby it might any thing appeare that king Henry the eight made any manner of limitation or assignatiō of the Croune to the heires of the Lady Francis VVherevpon it may well be gathered that either they knew of no suche limitation to the children of the Lady Francis by the said supposed will or toke it to be suche as could geue no good and lawfull force and strength to ayde and mainteine their vsurpation for the manifest forgerye of the same And therfore they purposely for ignorance can not be pretended in them kepte backe suppressed in the said Letters Patentes this pretensed limitation surmised to be made for the children of the said Lady Francis VVhiche neuethelesse the Aduersaries do nowe with so great and vehement asseueration blowe into al mens eares yet is it vtterly reiected and ouerthrowen if it were by nothing els than by these letters patēts for the pretensed title of the said Lady Iane. So that we nede to trauaile no further for any more proofe against the said asseueration But yet in case any man do loke for any other and more persuasion and proofe whiche as I sayd neede not ô the great prouidence of God ô his great fauour and goodnes to that Realme of the which it hath bene said Polid. li. 8 Regnum Angliae est regnum Dei and that God hath euer had a speciall care of it ô his great goodnes I say to this Realme euen in this case also For he hath opened and brought to light the verie truth of the matter whiche is burst out though neuer so craftily supressed and kept vnder VVe say then that the King neuer signed the pretensed will with his owne hande neither do we say it by bare hearsay or gather it by our former coniectures and presumptions onely though very effectuall and probable but by good and hable witnesses that auouche and iustifie of their owne certaine knowledge that the Stampe onely was put to the said wil that euen when the King him selfe was now dead or dyeing and past all remembrance The forgerie of this supposed vvill disclosed before the Parlament by the L. Paget The Lorde Paget being one of the priuie Counsaile with Queene Marie of his owne free will and godly motion for the honour of the Realme for reuerence of truth and iustice thoughe in the facte him selfe perhappes culpable but thereto by great authoritie forced did first of all men disclose the matter first to the said Counsaile then before the whole Parlament Sir Edward Mountegue also the chief Iustice that was priuie and present at the saide doinges did confesse the same as well before the Counsaile as before the Parlament Yea VVilliam Clarke ascribed among other pretensed witnesses confessed the premisses to be true And that him selfe put the stampe to the said will and afterward purchased his Charter of pardon for the said fact Vpon the which depositions well and aduisedly weighed and pondered Queene Marie with the aduise of her Counsaile to the honour of God and that Realme to the maintenance of trueth and iustice the rightful successiō of the Croune for the eschewing of many foule mischieffes that might vpon that forgerie ensue A vvorthy deede for a Prince to cancell false Recordes caused the Recorde of the said forged will remaining in the Chancerie to be cancelled defaced and abolished as not worthy to remaine among the true and sincere Recordes of that noble Realme VVhiche her noble facte deserueth immortalitie of eternall prayse and fame no lesse than the fact of the Romaines that abolished the name and memorie of the Tarquinians for the foule acte of Sextus Tarquinius in defiling Lucretia No lesse than the fact of the Ephesians Cicero 3. offic who made a lawe that the name of the wicked Herostratus should neuer be recorded in the bookes of any their Historiographers Sueton. de viris illustrib No lesse thā the fact of the familie of the Manlians at Rome taking a solemne othe that none among them should euer be called Capitolinus bycause M. Manlius Capitolinus had sought to oppresse his Countrey with tyrannie And to come nerer home no lesse than in England their forefathers deserued Bed lib. 3. histor Ecclesiast c. i. whiche quite rased out of the yeares and times the memorie and name of the wicked Apostates Osricus and Eanfridus numbring their tyme vnder the reigne of the good King Oswald The aduersaries therfore are muche to be blamed going about to staine and blotte the memorie of the said Queene and Magistrats as though they had done this thing disorderly and as though there had bene some special cōmoditie therein to them which is apparently falfe For as the said abolition was nothing beneficiall to other Magistrats so if it hadde bene a true and an vndoubted will the said Queene vould neuer haue caused it to be cancelled as well for her honour and conscience sake as for priuate respect seeing her owne royall estate was by the same set foorth cōfirmed Yet would they faine blemish and disgrace the testimonie of the said Lorde Paget and S. Edward Mountague They set against them eleuen witnesses thinking to matche and ouermatche them with the number But here it muste be remembred that though they be eleuen yet they are too slender and weake for the weight and importance of the matter It is againe to be remembred that often times the lawe doth as well weigh the credit as number the persons of the witnesses Aliàs saith Calistratus numerus aliàs dignitas authoritas confirmat rei L. testiū ff de testibus L. Ob carmen ibid. de qua agitur fidem According to this saith also Archadius Confirmabit Iudex motum animi sui ex argumentis testimoniis quae rei aptiora vero proximiora esse compererit Non enim ad multitudinem respicere oportet sed ad sinceram testimoniorum fidem testimonia quibus potius lux veritatis assistit It hath not lightly bene heard or sene that men of suche state vocation in so great and weightie a cause would incurre first the displeasure of God then of their Prince and of some other of the best sorte if their depositions were vntrue and would purchase them selues dishonour slaūder infamie yea disclose their owne shame to their owne no manner of way hoped cōmoditie nor to the commoditie of other their frendes No iust cause to repel the testimonie of the L. Paget and ohers or discommoditie and hurte of their enemies This sufficently doth purge them from all sinister suspicion for this their deposition and testimonie their deposition proceding as it plainly seemeth from no affectiō corruptiō or partialitie but from a zeale to the trueth and to the honour of the Realme And though perchance if they had bene thereof iudicialy conuicted condemned and had not by dew penance themselues reformed some exceptions might haue bene layed
and auoyd all mutuall stryfe contention Lyke answer was made to Scipio surnamed Aphricanê° who hauing by many conflictes daunted the Numantines and broken their great forces asked of Tyresius Prince of the Celtanes how it happened that Numantia whiche so long tyme before had bene inuincible was at the last ouerthrowen bycause sayd Tyresius the amitye and concorde of the Citizens before made them victorious and nowe their discorde hath brought their destructioÌ„ For as there is nothing so weake slender whiche by concorde may not be strengthened so nothing is so strong but discorde can ouerturne it And it is manifestlye knowne what famouse common welthes haue bene defaced and ruyned by discorde and sedition and that no Empire is so wel fortified no Citie so surely established nor house so firmelye builded but that by hatred and dissention it may be ouerturned pulled in pieces dismeÌ„bred and destroyed For discord as Liuie sayeth maketh two Cities of one VVe see how the controuersie bettwene the two brothers Aristobulus and Hircanus brought the kingedome of Iewes in subiection to the Romanes whiles the one called in Pompey for ayd against the other Euenso the dissention of Christian Princes translated the Empire of Constantinople to the TiraÌ„ny of turkes Yea all Syria was by the noble Duke Godfrey of Bullon recouered and had bene submitted to Christianes if a suddain discorde had not frustrated their victorie Sythe then vnanimitie in loue frendshippe is of such importance as therevpon the safetie of a common wealthe dependeth we must endeuour our selfes with all industrie and trauaile to cherishe defend and reteyn concorde among vs. Now therfore when I deeply consider with how many and howe greate benefites and singular guiftes allmightie God hathe endewed your Yland Britaine aboue many other Countries I can not but greatly meruaile what should be the cause whie you are not more carefull to confirme a perpetuall peace and amitie among your selues For you want but this one thinge to make you seeme the most happie people in the worlde This Yland is so full fraught with all thinges necessarie to mannes vse as nothing is there wanting whiche a man may well wishe for First it is furnished with great store of all thinges nedefull eyther for mannes profit or for his pleasure in so much as not only it hath no need of helpe of other Countries but it is also able to supplie the wantes and to serue the turne of forreyners And all this fertilitie and welthe as in a strong Yland enuironed euery waye by sea is sufficiently fenced and fortified by the naturall situation from all foraine incursions inrodes Bysyde all this the commoditie of soyle and eyr be it spoken without offence of other nations bringeth foorth menne and women eyther in respect of comelynesse of personage strengthe of bodye or excellencie of witt so perfect as else where in any place are hardlie to be found Britaine therfore may well be accompted an Yland framed by nature and fashioned not only to defend itselfe but also to beare a great swaye in the worlde And not without cause for the Yle Crete was in auncieÌ„t mennes opinion estemed to be conueniently situated to get and gayne the Empire of Grece by cause it was euery waye enclosed by sea being not farre distant from Peloponese of one syde very neare to Triopio on an other side And by that oportunitie Minos King of Crete became Lord and Soueraign of those seas inuaded the yles adioyning placed in them new inhabitaÌ„tes and if he had not dyed as Aristotle saithe when he went about to conquerre Sicilia he was lyke to haue greatly enlarged the kyndome and dominions of Crete But in how many degrees doeth your Yle excell Crete It is not to be doubted but that your auncestors had achiued famouse interprises with great honour if their naturall helpes and valiant attemptes had not bene frustrated by their Ciuile dissentions VVell reason persuadeth me that a speciall occasion of all your dissentions procedeth from the multitude of Gouernours and from diuersitie of opinions and parties among the communaltye for the regiment of many is verie muche subiecte to stryfe and dissention Therfore Aristotle regarding that consonant vniforme agrement of all thinges whiche appeareth in the whole frame of the world settyth downe this for a conclusion the vvorld vvas made by one God And Homere poetically imagining that there were many Goddes contendyng among them selues about the wellfare and wrecke of Troye whiles some were of opinion to destroye the Citie and some to saue it at last he breaketh out into this exclamation The regiment of many is not profitable let one Gouerne For where the state is suche as many may beare the swaye there oftentimes many controuersies doe growe and verie harde it is for a societie to stand fast and continue bycause the more a man excedeth in haughtinesse or fiercenesse rather of mynde lesse able he is to endure a compere according to that sayeing of the Poet. There is no faithe in peeres of Royall state For none that rules can friendlye brooke a mate Neyther can Caesar yeeld to any one Nor Pompey lyke but aye to rule alone These such like contentions among your Princes haue muche hindered and disturbed your peace more than two thowsand yeres In so much as their inordinate desire to rule whiche is the very seminarie and sede plott of all warres is by your Riches nourished and with your great trauailes paines and bloodeshed fostered and maynteyned Oh miserable people Oh wreched infortunate state which neuer could brooke good fortune neuer wolde be reformed by any necessitie nor was bredde by good destinye but by selfe will and blyndenesse allwayes ouerruled Of trueth it is mere madnesse to preferre the lust and gredynesse of a few Tyrannes before a mans selfe and all that is his and before the safetye and lybertie of his Countrie As they of Sychem dyd whiche vpon the dishonest motion of Abimelech submitted them selues vnto his gouernement Iudic. 9. Methinkes that I heare his troublesome and sediouse speche I am your mouthe sayd he and of your flesh bloode better therfore it vvere for you to take me as your king than my brothers vvhiche are foreyners VVherevpon that fonde people leaned to him and to his rule and gouernement and sayed he is our brother Then Abimelech cruellye dyd fall vpoÌ„ the fiftye laufully borne brothers mordered them that he himselfe a basterd might raigne alone Yet God afterward punished that foule fact in Abimelech hym selfe and requited them of Sichem as they had deserued for the curse of Ioathan fell vpoÌ„ them The lyke wickednesse was in England committed by that mischeuouse parricide the Tyranne Richard who to gain the kingdom neither regarded the honour of his brother then lately deceassed the lyues of his noble Countrie men the blood of his nephewes the right heires of the Croune nor yet the Chastitie of their mother the Queene so great
and whiche is more allmightie God doeth so charge and commaunde vs all to doe Now then who so euer repyneth against these thinges is not to be called the childe of God for he loueth not peace neither ought good men to accompanie any suche persones but rather to banishe them and all their Scholemasters as most cruell enemyes to the Citie of God For their doctrine destroyeth the foundations of the societie of mankynde aduaunceth Tyrannie Among these men there is no regarde to the safetye of Citezens nor loue to their natiue countrey no care of religion nor of true seruice obedience to God but suche an in ordinate desyre to rule and raigne they haue as will vsurpe all things take away the Lyues of honest Citizens destroye their Countrie and contemne all Religion As that fowle monstrer Caesar Borgias dyd whome a certein Atheist greatly extolleth as a most perfecte pattern for Princes to folowe But for the auoyding of these enemyes to God and man we haue a very wyse admonition of the Christian philosophor Sainct Bernard Fear not sayeth he that it is against Charitie yf by offending one thou cannest make peace for many And Tullie gyueth a good lesson for all true Princes to take hold of That Loftinesse of couraige saith he vvhiche is tryed in perills and hard aduentures if it vvant Iustice feighte not for the publick commoditie but for priuate gayne is not onlye no vertue but rather a beastlie furye raging against all humanitie VVe vvill therfore sayeth he accompt them only to be stout and valiant men vvhiche are good men freendes to trueth not deceytfull but playne dealers Of whiche opinion Edvvard king of England semed to be For in his banishement he vsed oftentymes to saye that he had rather allvvaies liue a priuate lyfe than to recouer his kingdome by the slaughter of men A verie excellent sayeing truellye and wel beseming so noble a King Let vs therfore roote out of our publick weall these disturbers of common peace that it maye more easily be conioyned and fastned in an assured amitie and agreement VVhich thing the better to obteyne we must vse the aduise and counsaile of a certein philosophor VVe affirme sayeth he that Cities are in peace and good concorde when in publique necessarie affaires they are all of one mynde take all one aduise and execute that whiche by common consent is allowed and agreed vpon As for example when it pleaseth the Citizens to appoint certeine officers or onlye Pittacus to haue the rule ouer all but when bothe couet to enioye the Gouernement as Oteocles Polynices did in Phaenicia then ariseth sedition For that ciuil concorde is in deed termed freendshipe whiche can not be reteyned but onely amōg honeste men Bycause such as are honest are at peace within them selues and with others also by reason that their willes abyde allwayes firme and steadfast not ebbyng and flowenig lyke the ryuer Euripus It happeneth otherwise among the wicked for they can not long agree together bycause in their manner of gouerning the cōmon welthe they seke all their own Priuate commoditie and bestow as litle paynes expenses charges as they can whervpon foloweth priuie grudges and seditions whiles they endomage and hurt one an other euery man neglecteth his owne dutie and so the commō state perisheth when none goeth about to protecte it Thus muche the Philosopher But touching the frendship whiche we speake of it is muche more easelye to be procured compact ratyfied among you bycause all those thinges concurre in you that are requisitie and commodions to the vnion of mennes myndes and cōsent in firme loue amitie For there is among you one stock and kynred one allyance and affinitie one language and almost one and the same course in manners cōditiōs customes lawes one and the same fauoure in countenance lyke attyre lyke behauiour in bodye and lykenesse in personage Yea all thinges else what soeuer tending to the creation and preseruation of a perpetuall peace and concorde concurre and mete together among you more fitlye than among other nations whiche in olde tyme differed muche among them selfes aswell in their natiue soile customes and lawes as in their language affinitie and alliance and yet at this daye neuerthelesse are reconciled accorded and vnited in a ciuil consent and agrement vnder the regiment of one Prince Yet some of you perchaunce will thinke it vnpossible for that people long to continue in perfect amitie whiche in so many yeres and aiges haue practized them selues one agaynst an other with fyre and swoord turning the worlde vpside down in trouble and confusion by mutuall warres spoyles mallice deadlie fede morders and all Kindes of hostilitie sithe generallie mannes nature can not suffer so great iniuries to be forgotten sithe the naturall conditions of bothe those nations seeme to be suche as either of them had rather suffer tenne thousand deathes than to be subiecte to a Prince borne in the others prouince bycause they woulde not seeme to be vnder subiection of their auncient enemye after so long contention for the Soueraigntie and so therfore the Englishe nation will by no meanes be subiect to a Scottishe Prince nor yet the Scottishe nation to an Englishe And it may be that some wicked Atheist preferring his vaine glorie ambitiō and proud haughtie mynde before the good state and safetye of a publicke weaie woulde subscribe perhapes and Yeeld to this opinion and yet is it a verye absurde opinion and contrary to all witt and reason euen as if one of your marriners in a great stormye tempest woulde saye that he had rather be drowned with the shyppe than suffer it to be gouerned by any of his mates But perhappes this felow will vrge further and aske how it can be that the Englishe Scottishe will agree together sithe the Scottish haue euer preferred their league of alliance with the frenche nation before the neyghbourhoode and frendshipp of the Englyshe For in despite of the Englishe they entred in a league of frendshipp with the Frenche seuen hundred yeres a goe and more whiche they haue kept inuiolable to this daye And in our dayes when there was great hope that the whole Yland wolde haue bene induced to the regiment of one Prince by the mariage of kynge Edward the sixt and the nowe Queene Marie of Scotland The Scottes though they had before assured her to King Edward by a common promisse deliuered her ouer neuerthelesse to the Kyng of Fraunce Therfore it was their fault not the fault of the Englishe that the amitie so muche expected betwene them was hymdred But touching that league which was made with the french it was greatlye desyred bothe by the frenche and by the Scottish as I sayd before not in despite of the Englishe but for theyr own safetye For yf they had not doone so the Scottes aswell as the other Britaines had bene driuen out of their countrye by that