bereaue vs of the present Gouernour the hartes and iudgementes of men being no better nor more firmely setled and fixed towards the expectation of a certaine succession then they seme now to be then wo and alas it yrketh my verie harte euen onse to thincke vpon the imminente and almost the ineuitable daunger of this our noble Realme beinge like to be ouerwhelmed with the raging and roring waues of mutual discorde and to be consumed with the terrible fier of ciuil discētion The feare whereof is the more by reason already in these later yeares some flames thereof haue sparkled and flusshed abrode and some parte of the rage of the sayd fluddes haue already beaten vpō the bankes I meane the hot contention that hath bene therein in so many places and among so many persons of bookes also that haue bene spread abrode and daily are spread being framed affectionately and sounding according to the sinister opinion of euery mans priuate appetite Seing therefore that there is iust cause of feare and of great danger likely to happen by this varietie of mens iudgementes so diuersely affected as wel of meane men as of greate personages I take it the parte of euery true Englishman to labour ad trauaile eche man for his possibilitie and for suche talente as God hath geuen him to helpe in conuenient tyme for the preuenting of the imminent daunger We knowe what wit what policie what paines what charges menne imploie to prouide that the Temmes or sea doo not ouerflowe such places as be moste subiecte to daunger We knowe what politike prouision is made in many good Cities and townes both to foresee that by negligence there ryse no dangerouse fiers and yf they chaunce with al diligence to represse the rage thereof Wherein among other his prudente dooinges Augustus the Emperour is commended for appointing at Rome seuen companies ordinarily to watche the Citie for the purpose aforesaide Wherevnto he was enduced by reason the Citie was in one daye in seuen seuerall places sette on fier And shal not we euery man for his his parte and vocation haue a vigilant care and respecte to the extinguishement of this fier already sprong out that may if the matter be not wisely foreseen destroie subuert and consume not one Citie onely but importe an vniuersall calamitie and destruction Which to represse one ready and good way seemeth vnto me if men may knowe and be throughly persuaded in what person the right of the succession of the Croune of this our Realme doth stande and remaine For now many men through ignorance of the said Right and Title and also the same being depraued by certaine sinister persuasions in some bookes wherevnto they haue to lightly geuen creditte be caried away from the right opinion and good hart that they otherwise would and should haue The whiche kind of men I doo hartely wishe from their said corrupte iudgemente to be reuoked and shal in this Treatise doo my beste indeuour to remoue not presuming vpon my self that I am any thing better able then others this to do for I knowe my owne infirmitie but being glad and willing to impart vnto others such motiues as vpon the reading of such bookes which of late haue ben set forth by the Aduersaries and after the diligent weying of diuers argumentes to the contrarie seeme vnto me sufficient to satisfie any honest and indifferent man that is not obstinately bent to his owne wilfull affections or to some other sinister meaning and dealing We say then and affirme that the right Heire and Successour apparent vnto the Croune of this Realme of England is at this time such a one as for the excellent giftes of God and nature in her most princely appearing is worthie to inherit either this noble Realm or any other be it of much more dignitie and worthines But nowe I claime nothing for the worthines of the person whiche God forbid should be any thing preiudiciall to the iuste title of others Yf most open and manifeste right iustice and title do not concurre with the worthines of the person then let the praise and worthines remaine where it is and the right where God and the lawe hath placed it But seing God Nature and the law doth call the person to this expectation whose interest and claime I do now prosequute I meane the right excellēt Ladie Ladie Marie Queene of Scotlande I hope that when her right and iuste title shal be throughly heard and cōsidered by the indifferent Reader if he be persuaded already for her right he shal be more firmely setled in his true and good opinion and that the other parties being of a contrarie minde shall finde good causes and groundes to remoue them from the fame and to geue ouer and yelde to the truthe Her Graces Title then as it is moste open and euidente so it is moste conformable to the lawe of God of Nature and of this Realme And cōsequently in a manner of all other Realmes in the worlde as growing by the nearest proximitie of the Roial blood She is a Kinges and a Queenes daughter her selfe a Queene daughter to the late King Iames of Scotlande sonne to Ladie Margarete the eldest Syster to our late Soueraigne Kyng Henrie the Eight Whose daughter also the Ladie Lenoux is but by a later husbande the Ladie Frauncis late wife to Henrie Marques Dorsette afterwarde Duke of Suffolke and the Ladie Elenour late wife to the Earle of Cumberlande and their Progenie proceedeth from the Ladie Marie Dowager of France yongest Sister of the said King Henrie late wife to Charles Brandon Duke of Suffolke I might here fetche foorth olde farne dayes I might reache backe to the noble and worthie Kinges long before the Conquest of whose Roial blood she is descended Whiche is no parte of our purpose neither doth enforce her Title more then to prooue her no stranger within this Realme But the Argumentes and prouffes which we meane to alleage and bring forth for the confirmation of her right and Title in Succession as Heire apparent to the Croune of England are gathered and groūded vpon the lawes of God and nature and not only receaued in the Ciuill policies of other nations but also in the olde lawes and Customes of our owne Countrey by reason approued and by vsage and long continuance of time obserued from the first constitution of this Realme in politicall order vnto this present day And yet for al that hath it bene and yet is by some men attempted artificially to obiecte and caste many mystie darke cloudes before mennes eyes to kepe from them if it may be the cleare light of the said iust title the which they would extinguish or at the least blemish with some obscure shadow of lawe but in deede against the lawe and with the shadowe of Parlamentes but in deede against the true meaning of the Parlamentes And albe it it were inough for vs our cause being so firmely and suerly establisshed vppon al
of Scripture whereof if there do yet remaine any scruple or doubt to any man for the auoiding and cleane extinguishing of the same we wil referre the Reader to the noble Ciuilian Paulus and to the rule before by vs touched Si de interpretationelegis quaeratur inprimis inspiciendum est quo iure Ciuitas retro in eiusmodi casibus vsa fuit Optima enim legum interpres consuetudo It is for vs then to consider whether in Iudea and Hierusalem women haue at any time ben the chief Rulers and gouernesses and whether the Iewes euer interpreted this place after the meaning and sense of this man Surely at such time as Christian men bare rule at Hierusalem we know wel there was no such interpretation For among other â—ulko the Countie of Aniow who leaft his said Countie to Geffrey his sonne Father 〈◊〉 Henry the secoÌ„d by th' Empresse Maude and went to HierusaleÌ„ to King Balduin the secoÌ„d and ther maried MelysaÌ„d his daughter â—nd heire was afterward by his wiues title King of Hierusalem Salome Herodes sister was made Gouernesse by Augustus Cesar of IamniaÌ„ Azorum Phasilides and Ascalonia Which thing is a good proufe that the Romaines thought it not vnnatural as ye think for a womaÌ„ to inioy ciuil gouernmeÌ„t I might hereto adde the wiues of IoaÌ„nes of Aristobulus and of AlexaÌ„der who gouerned and ruled the said Iewes after the death of their husbaÌ„ds with such other Whiche stories though they be not in Scripture yet are they Authentical and of good credit And yet are we not altogether vnfurnished of a scripturely exaÌ„ple but rather we are so furnished that God so long before forseeing that there should come such vnnatural cauilling quarellers against his creature and prouidence hath as it were al at once mett with them and answered to al such calume nious cauilling of yours and such others as you shal by and by vnderstand A woman pardy if we beleue you must not kepe the state and honour of a Prince and Quene And why I pray you Was not she created to the image of God as wel as man And doth not she represent the Maiestie of God Did not God blesse them both Did not God bid them rule ouer the fish of the sea and ouer the foule of heaueÌ„ and ouer euery beast that moueth vpoÌ„ the earth But what thing meane you by th' image of God Meane you as S. Paule seemeth to meane that man was created in righteousnes and true holines This is true also in the woman Some thinke that the Image of God representeth the blessed Trinitie which is as such an high thing may be somwhat resembled by memorie by wil and by vnderstanding which are in womeÌ„ as wel as in men What thing is ther that reason wit and vnderstanding may reach to that women haue not or may not atchieue and atteine For learning ther haue ben many women exactly learned in Musique A strononie Philosophie Oratorie Physique in Poetrie in Law and Diuinitie Atossa the Queene of the Persians of whom we haue spoken before was the first that inuented the manner of writing of epiâ—â—les Aspasia was Scholemaistresse to that â—oble Oratour and Captaine Pericles The â—oble Philosopher Socrates was not ashaned to be taught of Diotina Accursius his daughter professed the Ciuil law openly at Bononie The Sybilles be famous among Writers aswell Christians as other Paula and her daughter Eustochia were notably learned and diuers other women in S. Hieromes time as it appeareth in his workes bisides diuers other before his time of whom he maketh mention as also of the aforenamed Aspasia Sappho Cornelia and such like Hyptachia passed al the Philosophers of her time and succeded Plotinus in Plato his Schole openly professing at Alexandria diuers liberal sciences And what were the nine Muses but virgines most excellent in the same Who is called the Goddesse of learning but Minerua Which also found out the Arte of planting and setting What should I now speake of the noble learned womaÌ„ of our Britanie of CaÌ„bra the daughter of King Belin who promulged the lawes which of her name as some of our CouÌ„trey men write haue their denomination and are called Sycambricae of Martia Proba of Helena and such other like We nede noâ— runne vp to so high and farre yeares wâ— haue hereof at home date and also presenâ— and worthie examples Perchance you wilâ— obiect that women are vnable and insurfâ—â—cient to consult of great and weightie affaires as being but of weake and feeble wit and counsaile If this reason hold you must exclude from al princely Honour and Regiment al. Kings that be vnder age or otherwise that lacke discretion as wel as womeÌ„ And yet as weake as they are Numa King of the Romains the great Monarche Iustinian bysides others did consult to the great coÌ„moditie of themselues and their coÌ„monwealthes with their wiues for the better ordering of the publike affaires The life of the great Monarche Cyrus was preserued by the counsaile of the wife of an heardman Theodosius also th' Emperor toke great benefit by the good coÌ„saile of his wife Theodolinda was th' occasion that her husbaÌ„d Agilolphus K. of the LoÌ„bardes and Bertha that our King Ethelbertus Clotildis that Clodoueus the King of France receaued the ChristiaÌ„ faith The LacedemoniaÌ„s the wifest people amoÌ„gest the Grecians and the Atheâ—eÌ„ses also vsed in the old time to haue women present at the debating of publike affaires Which thing was practised amoÌ„g the old Germanes Neither Socrates nor Plato â—o altogether remoue womeÌ„ being apt and mete therto from publike administratioÌ„ Aâ—stotle coÌ„fesseth that in the commoÌ„wealth of the Lacedemonians many thinges were done by women The said Aristotle though he preserre the rule and gouernmeÌ„t of men yet doth he not reiect the other as vnnatural but graunteth 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 That somtime women being great inheritours haue the priÌ„cipalitie Now that many coÌ„monwealths haue ben commendably and worthely gouerned by theÌ„ and that in their gouernmeÌ„t lacked neither witte policie dexterity prudeÌ„ce liberalitie iustice nor morcy neither any other thing mete for a PriÌ„ce I could easely declare but I do forbeare by reason of tediousnes and for that in the pervsing and discussing of the stories by me already rehersed it wil most easely most fully and most euidently fal out to al such as be desirours to trauaile therein In case al this wil not satisfie you and that you thinke it stil to be vnnatural and against Scripture for a woman that is ordeined to be subiected to her husbande to be Gouernesse and Head to a publike state and that you thinke also that for al other respectes a woman might be a Gouernesse yet considering that she must haue the managing of martial exploits which in deede may seeme in no wise agreable to a womaÌ„ and is surely the dificultest matter of all in our case and question and that you can not
and remaining beyond the sea in the custody of the said Constance yet of this fact being against al Iustice aswel the said Archbishop as also many of th' other did after most earnestly repent considering the cruel and the vniust putting to death of the said Arthur procured and after some Authours committed by the said Iohn himself Which most foul aÌ„d shamful act the said Iohn neded not to haue committed if by foraine birth the said Arthur had beÌ„ barred to inherit the Croune of England And much lesse to haue imprisoned that most innocent Ladie Elenor sister to the said Arthur in Bristow Castle wher she miserably ended her life if that gay Maxime would haue serued to haue excluded these two childreÌ„ bicause thei wer straÌ„gers borne in the partes beyond the seas Yea it appeareth in other doings also of the said time and by the storie of the said Iohn that the birth out of the legeaÌ„ce of England by father aÌ„d mother foram was not takeÌ„ for a sufficieÌ„t repulse and reiectioÌ„ to the right and title of the Croune For the BaroÌ„s of EnglaÌ„d being then at dissension with the said King Iohn and renouÌ„cing their allegeance to him receaued Lewis the eldest sonne of Philip the FreÌ„ch king to be their King in the right of Blanch his wife whiche was a stranger borne albe it the lawful Neece of the said Richard and daughter to Alphonse king of Caâ—til begotten on the bodie of Elenour his wife one of the daughters of king Henrie the second and sister to the said king Richard and king Iohn Which storie I alleage only to this purpose thereby to gather the opinion of the time that foraine birth was then thought no barre in the Title of the Croune For otherwise how could Lewis of FraÌ„ce preteÌ„d title to the Croune in the right of the said Bblach his wife borne in Spaine These examples are sufficient I suppose to satisfie and content any man that is not obstinatly wedded to his own fond fantasies and froward friuolous imaginatioÌ„s or otherwise worse depraued for a good sure and substantial interpretation of the coÌ„mon law And it were not altogether from the purpose here to consider and weigh with what and how greuous plagues this Realme hath bene oft afflicted and scourged by reason of wrongful and vsurped titles I wil not reuiue by odious rehearsal the greatenes and number of the same plagues as wel otherwise as especially by the contention of the noble houses and families of York and Lancaster seeing it is so fortunately and almost within mans remeÌ„brance extinct and buried I wil now put the gentle Reader in remembrance of those only with whose vsurping Titles we are nowe presently in hand And to begyn with the most auncieÌ„t what became I pray you of Harold that by briberie and helpe of his kinred vsurped the Croune against the foresaid yong Eadgar who as I haue said and as the old monumeÌ„ts of our Historiographers do plainly testifie was the true and lawful Heire Could he thinke you enioy his ambitious and naughty vsurping one whole entier yere No surely ere the first yeare of his vsurped reigne turned about he was spoiled and turned out both of Croune and his life withal Yea his vsurpation occasioned the conquest of the whole realme by WilliaÌ„ Duke of NormaÌ„die bastard sonne to Robert the sixt Duke of the same And may we thinke al safe and sound now from like danger if we should tread the said wrong steppes with Harolde forsaking the right and high way of law and iustice What shal I now speake of the cruel ciuil warres betwene King Stephen and King Henry the second whiche warres rose by reason of the said Henry was vniustly kept froÌ„ the Croune dew to his mother Maude and to him afterwardes The pitiful reigne of the said Iohn who doth not lament with the lamentable losse of Normandie Aquitaine and the possibilitie of the Dukedome of Britanie and with the losse of our other goodly possessions in France whereof the Croune of England was robbed and spoiled by the vnlawful vsurping of him against his nephew Arthur Wel let vs leaue these greuouse and lothsome remembrances and let vs yet seeke if we may finde any later interpretation either of the said statute or rather of the coÌ„mon law for our purpose And lo the great goodnes and prouidence of God who hath if the foresaid exaÌ„ples would not serue prouided a later but so good so sure so apt and mete interpretatioÌ„ for our cause as any reasonable hart may desire The interpretatioÌ„ directly toucheth our case which I meane by the mariage of the Lady Margaret eldest daughter to King HeÌ„ry the vij vnto Iames the fourth KiÌ„g of ScotlaÌ„d and by the opinioÌ„ of the said most prudeÌ„t Prince in bestowing his said daughter into ScotlaÌ„d a ma ter sufficient inough to ouerthrow al those cauilling inueÌ„tioÌ„s of the aduersarie For what time King Iames the fourth sent his ambassadour to king HeÌ„ry the seueÌ„th to obteine his good wil to espouse the said Lady Margaret there were of his Counsaile not ignorant of the lawes and Customes of the Realme that did not wel like vpon the said Mariage saying it might so fal out that the right and Title of the Croune might be deuolued to the Lady Margaret and her childreÌ„ and the Realm therby might be subiect to ScotlaÌ„d To the whiche the prudent and wise King answered that in case any such deuolution should happen it would be nothing preiudicial to England For England as the chief and principal and worthiest part of the I le should drawe Scotland to it as it did Normandie from the time of the Conqueste Which answere was wonderfully wel liked of al the Counsaile And so consequâ—tly the mariage toke effect as appereth by Polydor the Historiographer of this Realm and such a one as wrote the Actes of the 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 we could not be subiect hauing him selfe no right by this mariage to the Title of the Croune of this Realme Wherevpon I may wel inferre that the said newe Maxime of these men whereby they would rule and ouer rule the succession 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 Quene Marie is assured So that now by this that we haue said it may easely be seen by what light and slender consideration the Aduersarie hath gone about to strayne the wordes Infantes or children to the first degree
Scotland and Wales be al within one Territorie and not diuided by any sea And al old Recordes of the law concerning seruice to be done in those two Countries haue these words Infra quatuor Maria within the fower seas which must nedes be vnderstaÌ„d in ScotlaÌ„d and Wales aswel as in EnglaÌ„d bâ—cause they be al within one continent coÌ„passed with fower seas And likewise be many auncient statutes of this Realm writreÌ„ in the NormaÌ„ FreÌ„ch which haue these wordes deins les quatre mers that is within the fower seas Now coÌ„cerning the statute the title of the same is of those that are born beyond the sea the doubt moued in the corps of the said statut is also of childreÌ„ born beyond the sea out of the allegeance with diuers other braÌ„ches of the statute teÌ„ding that way Wherby it seemeth that no part of the statute toucheth these that are born in Wales or Scot laÌ„d And albe it at this time and before in tho reigne of Edward the first Wales was fully reduced annexed and vnited to the propâ—â— Dothinion of England yet was it before subrected to the Croune and King of England as to the Lorde and Sâ—igniour aswel as Scotland Wherefore if this statute had 〈◊〉 made before the time of the said Edwarde the 〈◊〉 it seemeth that it could not haue bene stretched to Wales no more then it can now to Scotland I doe not therefore a litle meruaile that euer this man for pure shame could finde in his harte so childishly to wrangle vpon this word Infantes and so openly to detorte depraue and corrupt the common lawe and the Actes of Parlament And thus may you see gentle Reader that nothing can be gathered either out of the said supposed general rule or Maxime or of any other rule or Principle of the lawe that by any good and reasonable construction can seeme to impugne the title of the said Ladie Marie now Queene of Scotland of and to the Croune of this Realme of England as is aforesaid We are therefore now last of al to consider whether there be any statute or Acte of Parlament that doth seeme either to take away or preiudâ—ce the title of the said Lady Marie And bycause touching the foresaid mentioned statute of the 25. yeare of King Edward the thirde being only a declaration of the common law we haue already sufficiently answered we wil passe it ouer and consider vppon the statute of 28. and 36. of King Henry the eight being the only shoteanker of al the Aduersaries whether there be any matter therein conteined or depending vpon the same that can by any meanes destroie or hurt the title of the said Ladie Marie Queene of Scotland to the successioÌ„ of the Croune of England It doth appeare by the said statute of 28. of King Henry the eight that there was authoritie geuen him by the same to declare limite appoint and assigne the succession of the Croune by his Letters Patentes or by his last Wil signed with his owne hande It appeareth also by the foresaid statute made 35. of the said King that it was by the same enacted that the Croune of this Realme should go and be to the said King and to the heires of his body lawfully begotten that is to say vnto his Highnes first son of his body betwene him and the Ladie Iane then his wife begotten and for default of such issue then vnto the Lady Marie his daughter and to the heires of her body lawfully begotten and for default of such issue then vnto the Ladie Elizabeth his daughter and to the heires of her body laufully begotten and for default of such issue vnto suche person or persons in remainder or reuersion as should please the said King Henry the eight and according to such estate and after such maÌ„ner order and conditioÌ„ as should be expressed declared named and limited in his Letters Patentes or by his last Wil in writing signed with his owne hande By vertue of whiche said Acte of Parlament the Aduersaries doo alleage that the said late King Henry the eight afterward by his last Wil in writing signed with his owne hand did ordeine and appoint that if it happen the said Prince Edward Ladie Marie and Lady Elizabeth to dye without issue of their bodies lawfully begotten then the Croune of this Realme of Englande should goe and remaine vnto the heires of the bodie of the Ladie Francis his Neece and th' eldest daughter of the Fâ—eÌ„ch Quene And for the defaulte of suche issue to the heires of the body of the Ladie Elenour his Neece seconde daughter to the Frenche Queene lawfully begotten And if it happened the said Ladie Elenor to dye without issue of her body lawfully begotten to remaine and come to the nexte rightfull heires Wherevpon the Aduersaries do inferre that the successioÌ„ of the Croune ought to go to the childreÌ„ of the said Ladie FraÌ„cis and to their heyres according to the said supposed Wil of our late Souereigne Lorde King Henry the eight and not vnto the Ladie Marie Queene of Scotlande that nowe is To this it is on the befalf of the said Lady Marie Queene of Scotland among other things answered that King Henry the eight neuer signed the preteÌ„sed Wil with his own hand and that therfore the said Wil can not be any whit preiudicial to the said Queene Against which answere for the defence and vpholding of the saide Will it is replied by the Aduersaries first that there were diuers copies of his Wil found signed with his owne hande or at the leastwise enterlined and some for the most part writen with his owne hande out of the whiche it is likely that the original Wil commonly called King Henry the eightes Will was taken and fayer drawen out Then that there be great and vehement presumptions that for the fatherly loue that he bare to the coÌ„mon wealth and for the auoiding of the vncerteintie of the successioÌ„ he welliked vpoÌ„ and accepted the authoritie geuen him by Parlament and signed with his owne hande the said original Wil whiche had the said limitation and assignation of the Croune And these presumptions are the more enforced for that he had no cause why he should beare any affection either to the said Queene of Scotland or to the Lady Leneux and hauing withal no cause to be greaued or offended with his sisters the Frenche Queenes children but to put the matter quite out of al ambiguitie and doubte it appeareth they say that there were eleuen witnesses purposely called by the king who were presente at the signing of the said Wil and subscribed their names to the same Yea the chief Lordes of the CouÌ„saile were made and appointed executours of the said Wil and they and other had great Legacies geuen them in the said Wil which were paid and other thinges comprised in the Wil accomplished accordingly There passed also purchases and Letters Patentes betwene King Edwarde and the executors of
the said statutes And therefore in that respect the said Wil is insufficient in lawe And to aggrauate the matter farther ye shal vnderstand of great inconueniences and imminent dangers which as yet are likely to ensue if that supposed Wil should take place It is not vnknowen but that at the time of the making of the said Wil the said Ladie Francis had no issue male but onely three daughters betwene her and Henrie Duke of Suffolke Afterward in the time of our late soueraigne Ladie Queene Marie the said Duke of Suffolke was attainted and suffered accordingly After whose death the said Ladie Francis to her great dishonour and abasing of her selfe toke to husbande one Adrian Stokes who was before her seruant a man of very meane estate and vocation and had issue by him Which issue if it were a son and be also yet liuing by the wordes of the said supposed Wil is to inherite the Croune of this Realme before the daughters betwene her and the said late Duke of Suffolke begotteÌ„ which thing was neither intended nor meant by the makers of the said Actes Who can with any reason or common sense thinke that al the states of the Realme assembled together at the said Parlament did meane to geue authoritie to King Henry the eight by his Letters PateÌ„ts or last Wil to disherit the Queene of Scotland lineally descended of the blood roial of this Realme and to appoint the sonne of Adrian Stokes then a meane seruing man of the Duke of Suffolks to be King and Gouernour ouer this noble Realme of EnglaÌ„d The inconueniences whereof as also of the like that might haue followed of the preteÌ„sed Mariage of M. Keies the late Sergeante Porter I referre to the graue consideratioÌ„s and iudgementes of the honorable and worshipful of this Realme Some peraduenture wil say that King Henry the eight meant by his Wil to dispose the Croune vnto the Heires of the body of the said Ladie Francis by the said Duke lawfully begotten and not vnto the heires by any other person to be begotteÌ„ Which meaning although it might very hardly be gathered vpon the said supposed Wil yet can not the same be without as great inconueniences as the other For if the Croune should nowe remaine vnto the heires of the bodie of the said Ladie Francis by the said Duke begotten then should it remaine vnto two daughters ioyntly they both being termed and certainly accompted in law but one heire And by that meanes the state and gouernment of this Realme should be changed from the auncient Monarchie into the gouernement of many For the Title of the Ladie Francis being by way of remainder whiche is compted in law a ioynt purchase doth make all the issue female inheritable a like and cannot go according to the ancient law of a desceÌ„t to the Croune which is that the Croune by descent must go to the eldest daughter only as is aforesaid For great differeÌ„ces be in law where one cometh to any Title by descent and where as a purchaser And also if th' one of those issues female dye then were her heire in the Title as a seueral tenant in tayle And so there should follow that so many daughters so many general Gouernors and so might their issue being heirs females make the gouernmeÌ„t grow infinite Which thing was most farre from the meaning of the makers of that Acte of ParlameÌ„t What if the said King had by his last Wil disposed this realme into two or three parts diuiding the gouernement thereof to three persons to rule as seueral Kinges as for example Wales vnto one the Northe partes vnto an other the South partes vnto the third and by that meanes had miserably rent this Realme into partes Had this ben according to the entent and meaning of the said Acte of Parlament Or had it bene a good and sufficient limitation in law No verily I thinke no man of any reasonable vnderstanding wil so say And no more can he either say or thinke of the remainder limited vnto heires of the body of the said Lady Francis by the said supposed Wil. Now to coÌ„plete and finish this our Treatise touching the Queene of ScotlaÌ„ds Title to the fuccession of the Croune as we haue done so let vs freely and liberally graunt the Aduersaries that whiche is not true that is that the said supposed Wil was signed with the Kings owne hand Let the heires of the Lady Francis come forth in Gods name and lay forth to the world their demauÌ„d and supposed right against the said Q. of Scotlandes interest The Quene on th' other side to fortifie and streÌ„gthen her claime laieth forth to the open sight of al the worlde her â—ust title and interest signed and alwaies afore this time allowed not onely as with the Seales but with the othes also of al the Kings that euer wer in EnglaÌ„d takeÌ„ at the time of their Coronation for the coÌ„tinuance of the lawes of this noble Realme of England signed and allowed I say almost of al the world by sides yea signed with God and natures owne fingers Her right is as open and as clere as the bright Sonne Now to darken and shadow this glorious light what doe the heires of the said Ladie Francis or others bring forth to grouÌ„d their iust claime and demauÌ„d vpoÌ„ When al is done they are faine to ruÌ„ne and catche holde vpon King Henry the eightes written Wil signed with his owne hande Wel let them take as good handfast thereon as they can but yet lette them shewe the said Queene the said original Wil. It is wel knowen that they themselues haue said that that to doe they can not Yet let them at least lay forth some autheÌ„tical Record of the same It is also notorious that they can not If then the foundation of their claime being the Wil of such a Prince and of so late and fresh memorie made neither the original nor yet any good and worthy Recorde sufficiently authorised remaine of the same by what colour wil they exclude the saide Queene They must claime either by proximitie of blood or by Charter For the first nature hath excluded them Charter they haue none to shew They wil perchance crie out and complain of the losse and imbeaseling of the same and say that such a casualtie should not destroye and extinguish their right This were some thing perchance if it were in a priuate maÌ„s case It were somewhat if their demauÌ„d did not destroy the coÌ„mon law and the law of nature also It were somewhat if their supposed Charter were perished or by any frau duleÌ„t meanes intercepted by the said Quene Vpon whom in this point it is not possible to fasten any the very least sinister suspicioÌ„ It were somewhat if they did not aspire to take gaine and lucre or if the Queene sought not to auoide daÌ„mage For daÌ„mage it is when any person is spoiled of any right due to him by law and reason And there is