IT WERE to be wisshed, that as God and nature ha­the moste decentlie, ordina­telie, and providentlye fur­nisshed and adorned man, with two eyes, whie that nature ha­the geven co man too eyes and tvvo eares aud but on tongue. two eares, and butt withe one mowthe, and one ton­gue, wōderfulye brydled and kepte in with the lippes & the teathe▪ So men wolde cōsi­der the cause of yt, ād the greate prouidēce of God therein, And after dewe considera­tion vse them selues accordingelie. Then shoulde we sone learne and practise a good lesson, to heare and see manye thynges, and yet not to rune headlōge, nor rudelie ād ra­shelie to talke of all we here and see. But to talke within a cōpasse, and to referre all our talke to a temperancie and sobrietie, and to a knoven tryed trevthe: especiallie where the sayde talke maye sownde, to the [Page] blemishinge and disgracinge of anie mans good name and estimatiō. But nowe a daies (the more pittie) thereis nothinge almoste but that as sone, as yt ys perceaued by the eye or eare, must forthwithe be lasshed owte agayne by the mowthe, suche a super­fluouse and curiouse ytchinge we haue dis­solutelie, and vnadvysedlie to talke of all matters, thowghe they tende to the greate hynderance and infamie of manye of our bretherne. And thowghe we be nothinge assured of the certaine trewthe of the mat­ter, yea withoute respecte to pryuate or pu­blike persons. Of suche vnbrydeled talke, no man or woman in our dayes hathe, as I suppose more iuste cause to cōplaine, then the ryght excellente Princesse ladie Ma­rie Quene of Scotlāde: whose honour ma­nie haue gone abowte to blotte and deface in charginge her most falselie and iniustlie, withe deathe of her late husbōde the lorde darley. For the defence and mainteynynge of whose innocencye in thys behalf, we in­tende to laye forthe, before the gentle rea­der, the moste cheif and principall reasons, grounds and arguments, where vppon the patrones, the inuenters and workers, of all theis myscheavouse and develyshe dryfts, [Page 2] grownded them selves and all theyre owte­ragyouse doyngs. And then consequentlye to infringe and repulse the same. For to re­hearse, answere to, and repell all theyre as­sertions and obiections, yt woulde require a verie longe, tediouse, and a superfluouse discourse, in as muche as theis iolye gaye o­ratours, measuringe theire doings, more by nombre of false obiections, then by trewe, substanciall and pithie matter, to make a goodlie florishe and a trime shewe, to face owte and countenance theyre craftie iug­lings, And to cover theyre disordered dea­lings, there with all, have raked vppe and heaped together onevppō an other, against theyre good maistresse and Sovereyne Quene, no small nomber of slawnderouse Articles. But in all this rablemēte, in all this rakynge and rackynge, what thinge else do thei butt vtter and disclose theire owne spitefull mallice, and malicionse spite, to the discreditinge of theire cause, and them selves also. Eaven as the accusers of Aristo­phen amonge the Atheniēses did, by whōe he beinge nynetie and five tymes greavou­selie accused, was yet everie time by the Iudges cleared, and fownde gyltles. As I do no whitte dowbte, but that this good inno­cente [Page] ladie wylbe, by the verditt and sentē ­ce, of all indifferente men, ridd and vnbur­dened in like manner, of all māner of suspi­tion, that theys reprochfull men wolde by theyre mallice and ambition brynge her into, by theyre wylls withe all the worlde. For as goodelie and as greate a muster as thei make, two parts of theyre slawnderou­se accusations, are manifest false, and open vntrewthes, and fowle forged lyes. The re­side we therof, thowghe in some parte they beare trewthe, ād be nothynge preindiciall to the Quene in this matter, yet are they full calumniouselie, and mervelouse mali­ciouselie depraued, drawne and wrested to the worste, The effecte and drifte of the whole tendethe to thys, that firste thei wolde we shoulde beleave that after her mariage, her minde was as yt were alyena­ted from her husbande. Secondlie theie p̄ ­tende certaine letters, that theye surmise, & wolde have, to haue bene wryttē by her grace, whereby they seake to inferre againste her manie a presumption, as theyre wylye braines imagine. But the moste wayghtye of thē all, seamethe to them to be her pre­tensed mariage, wherof we wyll lastlye en­treate. And yet thoughe thei have done, [Page 3] their woorste, though thei have caste owte, all theire spite and mallice againste her, yet neuer have thei bene able by anie directe and lawfull meanes, to proue ani thinge at all, wherebi thei maie staine her graces ho­nour, in anie one of the foresaide points. Had they browght forthe anie suche neces­sarilie concludinge illation, we had not at­tēpted thys defēce in her behalf, but wold have yelded, and geven place to an open knowen trewthe. But seynge that the beste matter they haue to supporte theire doings with all, ys nothinge else, but presumptions and surmises, wiche yet are not of the surest and moste probable sorte, neyther suche, as are presumptiones iutis, & de iure, contra quas non admittitur probatio. Seinge also, that we owght alwayes in crminall ca [...]ses, but cheifelie when a Prince ys tovvched, vvho ys Gods annointed, to be more pro­clive and prone to favour, then to hatred, to be redier to absolve and releace then to deteine and condemne. Mē shoul­de be ra­ther prone to absolve then to cō ­demne. And that yt ys farre better, and a more suer, more indifferente, and vpright vvaye to save the gvvyltyes lif, then to condemne and cast awaie the inno­cente: I truste and am in assured hope, that all the indiferēte readers herof (thys being [Page] the cause and vvofull aduersitie of a Prince, vvhereas the like estate of Princes ovvght, and is vvonte to moue and sturre all honest harted men to comiseration and pittie, and to do theire indeuour, to the redresse and reformation of suche vvronge and oppres­sion done) vvyll vvith indifferencye, and vvith oute all parcyallitie vveyghe and con­sydere the allegations of the one and the o­ther syde, and iudge of the matter as yt fal­lethe owte accordyngelie, vvich ys the verye thynge vve most desire. And seinge the ad­versaries throwghe oute all theire cause wander by ghesses, and vncertayne presumptiōs, let vs also, as I maye saye abvse a lytle part [...] of ovvr defence, vvhat saye I abvse (par­chaunce trevvlye, yf vve had no better mat­ter, or they had any good matter at all) naye rather vse them accordingelye for the more ample and better tryall and iustification of our cause. We aske them then, vvhy the bet­ter and the stronger presumptions, shoulde not frustrate avoyde and sett backe the vveaker and the vvorse? Thys sexe natural­lye abhorrethe suche butcherlye practyzes: suerly rare yt ys to heare suche fovvle pra­ctizes in vvomē. And maye vve finde in our harte to beleave, that yt ys novve at lengthe fovvnde in, and practized, by suche a ladye [Page 4] and Princes, from vvhose person, her noble byrthe, her honorable state, and princelye education, and the vvhole trade of all her godlye, and vertuouse lyfe past, do farre re­pell and drive avvaye, all suche suspitiō and coniecturall presumptions? And vvhom all christtian Princes haue had in highe estima­tiō, & vvorthie price, for her greate pruden­cie, and manie other princelie qualities, the vvhiche ful goodlie do adorne ād bevvtifie the grace & comlines of her roiall persōna­ge. Dothe any man or vvomā fall to extrea­me levvdenes all at ons? No verelie, vve do bothe rise & fall by degrees: aswell to all singuler vertues, as to al extreame nawghtines. Let thē shevve me then yf they can anie euel doings in all her former life, vvher vpon to make a sinister diuinatiō to fastenvpon her theire treacherouse accusatiōs? What vnsea­melie ovvtragiouse, and vnprincelye parte hathe she hitherto plaide? Let the noble roiaume of Frāce testifie of her demeanour & behauiour? Let her owne subiets that be not her opē enemies, charge her as farre as they can? Yea let theis her opē enemies, and her dowble dowble traitours accuse her hardlie & spare her not? But yet lett them vvell thi­ncke vvith all at theire better leysure, and [Page] they shalbe better advised vvhether there be anie indifferente parson, vvho vvil not bothe detest, and vtterlie abhorre, the per­uerse and naughtie nature of suche ingrate traitours. Or that vvill not thincke yt farre vnlike that thys noble Quene, vvho hathe so gratiouselie perdoned them dovvble ād treble treasons, vvolde ever finde in her hatte so to vse her ovvne deare husbande? This ys vnlikelie, This ys incredible: And the more all circumstances considered. For yf she had bene so desirouse to have bene ridd of him, as they falselie, and maliciouse­lie imagine, and reporte her to have bene, she had good and lavvfull meanes to serve her turne. Albe yt he was her hedd in wed­locke, yet vvas he othervvise but a membre of the Scottishe comon vvealthe, subiecte to her, as to his principall and supreme go­vernesse, and to her lavves. By the devve ād ordinarie, It ys no­thynge li­kelie that the Quene wolde ha­ue sowght the destru­ctiō of the lorde Dar­ley by thys meanes whom she might ha­ue openlie put to dea­the by iu­stice. processe and course vvherof, he might iustlie have bene conuicted, cōdem­ned, and executed, as vvell for the murther committed vpon Dauid her Secretarie, in vvhose bodie his dagger vvas fovvnde stab­bed: As for the imprisoninge of the Quene, ād for th'attemptinge to remoue her from ciuill gouuernement, to intrude him self [Page 5] therto, ād for diuers other the like pageāts by him plaide. Who can nowe reasonablie thincke, that vvhere she by lavve and iusti­ce might haue fullie satisfied this her falseli surmised vvill and desire, that she vvolde not take theis opportunities in this sorte offered, but omittinge them all, seake vn­lavvfull meanes to his distrustion? This ve­hement presumption of her innocencie is much holpen for that she vvold not cōsent to a diuorse betvvē her and the lorde Dar­lie (as vve shall hereafter declare) thoughe she vvere moued thereto by a greate num­bre of her nobilité, and by such as be nowe her greateste aduersaries. [...] adde farther the­reto, as a greate and an vrgēte presumptiō, and token of her innocencie and pure con­science, The Quene cōtrarie to the minde of her no­bles came into En­glande. that she voluntarilie came into En­glande (refusinge the offers of diuers of her ovvne subiects, vvho besovvght her grace, to repaire into theire quarters, proferringe to preserve her grace sauf therein) vvhere she knevve right vvell vvere the father and mother of the saide lorde Darlei, And a no­ble Quene that vvolde not see the bloudde of her neare cosen vnrevenged, and a vvor­thie sorte of men of nobilitie also, vvho vvolde neither suffer suche a facte to passe [Page] and escape vnpunished, nor so vertuouse and gwyltles a Quene to remaine witho­Wte aide helpe and succour, beinge Withe rebells ād traitours shamefullie opressed ād bereaued of her roiall dignitie The worthie sainge also of the Wise Cassius, Cicero pro milo. ys here to be remēbred, The nota­ble saiēge of. Cui bono? Wherby he did signi­fie, that in suche dowbtfull cōiectural cases, a man maye make a greate aime and conie­cture against the persō appeached, Cassiꝰ, cui bono? yf by the facte doinge he shoulde enioie anie special profitt, emolumente or commoditie, Yf the Quene had after his fatall and finall ende, purchased to her self the matchinge in ma­riage Withe anie greate and mightie Prince for her greate aduancement, or anie other encrease of her honour or aduantage what­soeuer: there had bene some color ād shewe, Whereby you might haue an apparent presumptiō. Againe she was not ignorante but that his deathe, either procedinge from suche nawghtie meanes, or otherwise natu­rallie was likelie to be a meruelouse greate staie and impedimēte to her greate affaires. Amōge other things the testimonie ād cō ­fessiō of diuers gwyltie (as they be reported) & executed in Scotlāde for the saide offēce [Page 6] which they opēlie made at the time of thei­re deathe, dothe tende muche to the aduan­cinge and approbation of her innocencie. Theys men yet paraduēture will replie and saye, that theys are but slender presumptiōs And yet were yt so, that they were of force sufficiente, they must yelde to an approued trewthe. It remainethe now then that We cōsider hovve suer and substanciall theire prouf ys. Concerninge therefore the first ꝑte, We Will not al to gether denie, but that she Was somewhate estrāged from him, ād therefore they might haue spared a greate sorte of theire neadelesse ād friuolouse ar­guments, and yet flatt and plaine lies With­all to proue the same. But fie vpon the cru­eltie of theis accusers, The Que­nes enne­mies laye to her di­scorde wi­th the lor­de Darley wherof they were the au­thours. Who vvere the verie authours them selues. And them selues the onlie Workers and bringers to passe of all this discorde: traininge this selie yonge gentleman by theire gwylefull and vvilie circumuentions Wretchedlie to conspire Withe them against his owne deare Wife, and dreade Souereigne, to the moste cruell and detestable slawghter of her trustie Se­cretorie Dauid, and to the imprisonmente of the roiall person of the verie Quene her self. Theis and manie other like prancks [Page] and practises, as the reuocation of you the Erle murraie, and of other traitours of your allie and affinitie, vvith ovvte the Quenes knowledge by the lorde darley, his yowth­full, rashe and temerariouse deuice, to de­parte the reaulme, vvithe manie other like practises, purposes and attēpts, for his prin­celie parson verye vnmete, and farre vnsea­melie, ye craftelie suppresse, and speake no vvorde off, for feare off burnynge your ovvne clothes. I saye therefore fie, ād dovv­ble fie vpō the impudēcie of theis traiteurs. Novve to laye to the Quenes charge, and reprochfullie to obiecte to her changinge of her minde tovvarde her husbande, vvich rose ād begane vppon causes, for the vvich they had bene longe earst trysed vppe, yff they had not fortuned vppō, ād mett vvith so gratiouse a maistresse: As I knovve, and they thovvghe vndeseruinge yt do vvell feale, that the vvhole vvorlde hathe verie fevve her like. And yet all this your pretē ­sed alienation of her accustomed faueur from hym, not vvith stādinge her verie mo­therlie care: (for besids all other respects, thovvghe they Were not farre differente in yeares, she vvas to him not onlie a loyall Prince, a louinge ād deare vvyfe, but a most [Page 7] carefull and tendre mother vvith all,) vvas neuer a deale lessed or minisshed: Albe yt for a time she did dissemble and forebeare ovvtevvardelie to shevve and vtter, her in­vvarde harte and affectionate loue, vpon moste iuste and good respects: As the man­ner and practise of prouidente and moste louinge parents oftentimes ys, tovvarde theire deare children, for the better reclai­minge of the vvanderinge minde, and vva­ueringe vvill of the yovvthfull vnaduised gentleman. And therfore heatinge and ad­vertissed, that he vvas repentante and so­rovvfull, and that he desired her presence, she vvithoute delaie, thereby to renevve, quicken and refreshe his sprites, ād to com­forte his harte, to the amendement and re­paringe of his healthe lateli by sicknes sore impaired, The Quene vvas ful­lye recon­siled to the l. Darley before his deathe. hasted vvith suche speade, as she conuenientlie might to see and visit him at clasco. Where, as also at diuers other places, especiallie at Edenborovvghe, she frō time to time most louingelie entertayned, and most tenderlie cherisshed him euer, eauen to the verie laste hovvre, that euer she savve him. Whereby yt did to all men moste eui­dentlye appere, that all manner of displea­sure or variāce, vvhatsoeuer your coniectu­rall [Page] surmises suppose, to haue bene betvve­ne them: or your seditiouse practises and ambitiouse procedings had sovven in thei­re stomaks and mindes, vvas not onelie novve vvell asvvaged and fullie appeased, but vtterlie for euer quenched, as beinge altogether forgotten, and troden (to your muche mislikinge, and greate discomforte) vnder foote of them bothe, neuer to be renevved againe. But for as muche as theys men do vvell perceaue, that y [...] this be treve, (which ys in deade so certaīelie trevve, that they them selues are for the manifest eui­dence therof, eauen driuen and forced to acknovvledge and confesse the same) Then theire greate Samsons post of discorde and debate, vvhere vvithe they vvolde vnder­proppe and vpholde all theire traiterouse procedings, as also this theire mischiuouse accusation, and greauouse crimination, the vvhiche they had fullie novve conceaued, and brovvght as they hoped to perfection, by the mischeuouse drifts of theire shrevv­de vvilie develishe disposed braines against her, vvolde faile then, & fall to the grovnde. For this consideration I saie they novve measuringe theis moste commendable do­ings of the verie vertuouse and vvell mea­ninge [Page 8] Quene, by theire ovvne deape and doble dissemblinge craftie nature, theire former drifte failinge them, begane to laie a nevve fondation to builde theire longue conceaued treasons on: And saie, that all this curtesie, fauour loue and amitie, vvas but a sett matter on her parte, and colora­ble shewe, and a dissembled drifte and fai­ned pretence, by her colorablie conuaied, vpon none other purpose, but to flatter and entice him to Edemborovve to his bane, vvhiche saie they appearethe bi her ovvne lettres. It irkethe and greauethe them to the verie harte to heare of the reconcilia­tion, And therefore thei toile and tumble from one kinde of lienge rethoricke to an other, eauen quite contrarie. For as be­fore thei fovvnde greate faulte vvithe her for estranginge her fauour from him: so novve at the laste thei mislike at her grea­te trauaile taken in her progresse to visitt and conforte him, iudginge and reputinge all her devvtifull kindenes as hypocriticall and counterfeated dissimulation. Wherein bi theire maliciouse cōstruinge and vvron­ge interpretation of vvell and comendable doinge, thei represente the naturall disposi­tiō & frovarde inclinatiō of the deuell: vvho [Page] hathe that name, for that he ys vvillingelie, and of purpose, [...] a maliciouse false reporter and a slanderouse accuser. As for the lettres they take holde on ād slaunder her for, vve shall hereafter examine them vvhatvveight they beare. Well then yf there vvere suche a reconciliation made betvvene them, as I haue saide to be, as there ys litle or no cause at all, vvhy any mā shulde thincke, that the Quene vvas priuie or vvare, of the meanes of his deathe, so maie yt seame but meare superfluouse, for vs either to reherse, vvhat surmised difference vvere betvvene them, or to confute the falsitie of all suche allega­tions namelie seinge that in some therof, they charge the moste innocente Quene, The aduersares char­ge the Quene vvithe their ovne vvycked deuises. vvithe theire ovvne moste levvde, navvgh­tie, ād vvycked deuises and detestable pra­ctises. As for an exāple & prouf therof, the Erle Murraye and his counsaile ꝑceauinge that for a time, the Quene seamed not vvell to like of her husbands doings (albe it vvhat soeuer her sayd mislikynge vvere, yt vvas, as ys afore saide, for the loue off him in re­specte of his ovvne proufit and cōmoditie) beinge verie desierouse to bringe home a­gaine their cōfederated mate, the Erle Mor­ton vvho then vvas in banishmente, and re­mained [Page 9] in Englande for the slavvghter of Dauid her Secretarie (with oute whose pre­sence and present aduice, theire fetchinge practizes were halfe maimed, & lacked for­ce to take effecte) Were earneste sutors that yf she wolde pardon him, they wolde pro­cure a diuorse betwene them, wherto she vvolde not agree. The Quene moued by thē to ma­ke a diuors withe the l. Darley. But vvhat haue the is good men novve done, thincke ye, in this parte? Suerlie they haue plaied the saide pagean­te vvithe this innocente Susan, as the tvvo vvicked Iudges did playe vvithe the other former Susan. They laye harde to her char­ge theire ovvne navvghtie and vvycked counsell and deuise. Yt vvere therefore but a vaine, and loste labour for vs, to staye and tarrie longe vppon the confutation of thei­re ovvne craftie maliciouse inuentions and procedings, in procuringe an alienation of the Quenes minde from her deare and vvelbeloued husbande, The accu­satiō tow­chinge let­tres sēt by her to the Erle Bo­thvvell. or vpon anie other alienation vvhat soeuer, yt so beinge that they them selues can not denie, but that there follovved a good pacification and re­conciliation betvvene them. We vvill con­sequentlie therefore consider the seconde principall pointe of our discourse. For theie [Page] theie saie that thei haue a sufficiente prouf, to iustifie the chefest parte of theire accu­sation. A proper iustification perdie: this ys theire iolie vvitnesse, this ys theire sin­gulier Ievhell, vvhereby they sett muche store, the valevve vvherof in theire eyes sight, they repute and accompte as of an inestimable treasure. This moste necessa­rie vvitnes they haue alvvayes attendante at hāde, and redie at a becke to serue theire turne at a pinche vvhen nede requirethe, for all theyr purposes and Attempts. Yf ye dovvte of the veritie of any parte of theyre accusations, this vvitnes thovvghe yt neuer savve nor hearde of any suche thinge, vvill full faire bleate yt ovvte, and make all things accordinge to theire min­de, as cleare as cristall, or as the bright shi­ninge sonne. So that yf this vvitnes ons failethe them, then all theire accusation fai­lethe them therevvith, and by and by quai­lethe. And sovvthlie this vvitnes (yet all this not vvith standinge) vvhat else ys yt, but a blinde, a deaff, and a dome testimo­nie, of certaine obscure lettres vvritten and endited (as they moste falselie, and as vain­lie [Page 10] avovvche, and vvere neuer hetherto able to proue) by the Quene to the Erle Bothevvell. It ys forsovvthe a boxe off lettres taken from one Dovvgleisshe vvho vvas executed for the lorde Darleyes dea­the, the Erles man forsovvthe, vvhiche let­tres he receaued at Edenborovvghe of one Syr Iames Ballfoure, to conuey to his mai­ster: thus saie theye. The vnli­likelie tale of the Erle Both wells lettres sur­mysed to be sent to master Ballfoure. But vve saie to you, as ys sayde in Terence. Non sunt haec satis diuisa temporibus. The verie time, yf no­thinge else vvere, bevvraiethe you, and your vvhole cause vvith all. Is yt to be thovvght, that either the Erle vvolde sende to the sayde Syr Iames, vvho had before assisted the faction against the Quene vvith the force and strengthe of Edenbo­rovvghe castle, And driuen from thence the verie Erle him self, or that the saide Syr Iames vvolde sende anie suche thin­ge to the Erle? Is yt likelie? Ys yt credi­ble? Had the forgers and inuentours of this tale by seamelie conueyance parted and deuided the distinction of his times? Hovve saie you? Where as novve yt ys in no case to be supposed or coniectured, that suche a vvise vertuouse ladie vvolde sende [Page] anye suche lettres. Yet puttīge the case that she had sent them, yt ys not to be thowght, that either the receavour therof, or that she her self, whom ye cōceaue to haue sente them, wolde haue suffered them, for the ha­sardinge of her estimation and honour to remayne vndefaced: namelie seinge there was a speciall mention made, and vvarnin­ge geven forthvvithe to burne them, and make thē awaye. Neuer thelesse, when you haue taken your beste aduantage you can of them, In case the surmised letres vve­re sente by the Quene they can make no good prouf agaīst her. suche kinde of lettres missiue and epistles, especiallie not conteininge any ex­presse commādemente of anye vnlavvfull acte or deede to be committed and perpetra­ted, not ratifienge or specifienge the ac­complishemēte of anie suche facte alredye paste, but by vnsure and vncertaine ghesses aymes, and coniecturall supposings, are not able in aniewise to make a lavvfull pre­sumptiō: muche lesse anie good & substan­stiall prouf not onlie agaynst your Soverei­gne and Prince, but not so muche as against the porest vvoman or sympliest vvretched creature in all Scotlande. Suerlie the civill lawe Willeth, that in criminall matters (for suche are theis) the accusers alledge and bringe fourth nothinge but that they maye [Page 11] be able to approve and iustifie, by the testi­monye of good and lawfull vvytnesses, l Fin. C. probat. or by some other most manifest, cleare and euident prouf or presumptions. Sciant cuncti accusatores eam se rem deferre in publicam notionem debere, Vvhat exquisite proufes be required in crimi­nall causes quae munita sit idoneis testi­bus, vel instructa apertissimis documentis, vel indicijs ad probationem indubitatis & luce cla­rioribus expedita. This rule owght to be obserued and kept, in the simplist and se­liest poore mans cause that is. And thincke you novve, Theys sur­mised let­tres nei­ther haue superscription of the vvriter, nor sub­scription, neyther anye date, neither si­gned nor sealed & the berer neuer kne­vven. you most vngrate and vnthā ­kefull subiects, that ye maye lavvfullie take armes against your maistresse & most benigne Quene, that ye maye cast her into vile prison, and spoile her of her crovvne? And Whiche ys more, of her good ād hono­rable name, fame, and estimation? And then bleare mēs eyes, and face the Worlde owte With the shewe of theis lettres, as yt Were with a carde of tenne? But yet saye you they are her lettres: she deniethe them, and We denie them to. There ys neither subscriptiō of the writer, nor suꝑscriptiō vnto vvhome they Were directed, they are neither sealed nor signed: there appearethe neither date Wherein they Were dated, neither daye nor monethe. There ys no mētion made of the [Page] berer, Who is as yt maye be supposed, for any name he beareth, the man in the mone: He Was never yet knovven, nor hearde of that did either receave, or deliuer them. For as for hym that ye surmise Was the bearer of them, and Whome you have executed of late for the saide murther, he at the time of hys saide exēcution toke yt vpon hys dea­the, He that vvas the surmised bearer, at his deathe denied the same. as he shoulde ansvvere before god, that he never caried any suche lettre, nor that the Quene vvas participāte, or of counsaile in the cause. Thincke ye that vvise & exper­te men are ignorante, hovve perelouse and dāngerouse a matter yt ys, to fastē any good prouf vpon collation of lettres, and hovve easie yt ys to some men to imitate & coun­terfaite any character? the which a knight late disseased in Englande, coulde so livelie and subtilie doe, An easye thinge to cōterfeite a mās hād that he Who vvrote most crabbedlie & vn [...]eageablie coulde hardelie discerne hys ovvne hande Writinge from the knights counterfeitinge hāde. But Who cōferred theis lr̄es I praie your vvith your Quenes ovvne hande writinge? Dare you to Warrante them in this so perilouse and weightie a cause, to haue bene so exquisite­lie and so exactelie vewed & cōferred vith all suche devve circunstances as the ciuill [Page 12] lavve dothe require, vvere yt but a ciuill or a money matter? You vvill paraduenture ansvvere, that there vvas devve collation by you made. O perfecte and vvorthie colla­tion? O mete and apte men for suche a pur­pose? As thovvghe yt ys not notoriouselie knovven throvvghe ovvte the Worlde, that ye are her most mortall enemies, as thow­ghe theis counterfeite lettres vvere not the vnderpropped postes and vpholders of your whole treacherie and vsurped kyng­dome? As thovvghe that manie in Scotlāde coulde not expresse and resemble, ād coun­terfeite in theire vvritinge, the Quenes ve­rie character? And as thovvghe there vvere not amongest your selves, some singuler ar­tificer in this handicrafte, and that hathe sente lettres also in her verie name asvvell­into Englande, Theis let­tres vvere fained & cōtritved by the Quenes aduersaries. as to other places besides, vvithovvte either her commaundemente or knovvledge? Hovve cā I chose thē but saie, that this deade ys your shamefull handi­craft, & not her hande vvritīge. Yea suerlye, all this ys your ovvne fained forginge, most vile counterfeitinge. Yf you be āgrie vvithe me for thus saiēge by you, I hope you vvyll be sone colde againe, seinge that I vvill not bringe ovvte anye deade vvitnesses as ye [Page] craftelie do contrarie to reason and lavve. Quia testibus non testimonijs credendum est. Nor suche like, but good, sufficiente and lavvfull vvitessnes, suche as ye can not by a­nie iust exception or tergiuersation, auoide or elude. And those are none other, but eauen your selues. For either you muste bringe forthe good and apparente vvitnes­ses to proue yt her hande, or some suche as Were priuie to the meaninge of the same lettres, wiche ye neither yet haue done, nor are likelie ever to doe, or ye muste graunte that you Were priuie to them your selues Withe the Quene, or at leaste Withe the saide Erle, Whom ye surmise to haue recea­ued theis lettres, or that all this ys by you maliciouselie driuen and concluded. Yf ye graunte vs, that ye vvere priuie of the saide lettres, vve trust then you vvill be good to the Q [...]ene, ād yf yt were but for your owne honesties sake. Yf ye denie that, and vvith all that you Were the cōtriuers therof your selues, We praye you to tell vs and blushe not, hovve you coulde so redelie and so di­rectelie hitt the interpretation of theis Words (our affaires) and What theis vvords shoulde meane, there beinge so manie affai­res as you pretende in theis your fained [Page 13] false lettres betvvene the Quene and the Erle. That onlie thinge, that by theis words ye surmise, pretende and coniecture. I sup­pose that yf you vvere vvell examined of this pointe vpon the sodaine, and vvere vr­ged and vehementlie pressed by anie indif­ferente and vpright iudge, you vvolde be somevvhat to seake: And yet take at your leasure as good aduisemente, and as longe consultation vvithe your selues as ye can, and maie thincke mete: And seake as ma­nie fine fetches as ye liste, ye neuer shall shifte yt of, vvith honestie, norvvell rydd your hands therof. Wherof I for my parte do take my self full assuered, and therefore do thincke it a neadelesse discourse for me to make any farther descante vppon suche an vnpleasāte, iarringe, and vntunable plai­ne songe of your owne settinge ād makin­ge: And am right vvell contented that ye do make as gaie glosinge comēts ād inter­pretations as ye liste, and as your counin­ge ād skil serwe you, to this your owne shamefull vntrewe texts. But nowe weighe and consider vvithe your selues I hartelie praye you, and see vvhether that all your legerdemaine and close cōueiances in your false playe, aswell towchinge and concer­ninge [Page] your fitt Iuglinge boxe, as all your other like trickes and cuninge illusions, be not fullie espied and plainelie and openlie Inovvghe layed ovvte to eache mans eie to beholde and vewe. And as tovvchinge your saide Iuglinge boxe, you haue bene verie fovvlie ād meruelousely ouerseē in the clo­se and cleane conueiance of your fingers. For that a man more then half blinde, maie perfectelie see and perceaue your fovvle plaie, for as muche as the verie self saide dovvgleishe, vvhom amonge other ye haue executed and ridd ovvte of the vvaye, hathe saide and sufficiētlie declared, for the Que­nes innocencie. Naye, Naye parhapps you vvill saye, althovvghe our lettres, al­thovvghe our deadd Witnesses, and althovv­ghe our other matters faile vs, yet vve hope that the litle fainte mourninge she made for his deathe, the acquitall of the Erle, and her pretēsed mariage vvithe him vvill, helpe your cause, and geue testimonie against her. And vvhy so I praie you? Was not his bodie enbalmed, inseared, and enterred beside the Quenes father, the late kynge Iames, accompaned vvithe Iustice clerke, the lorde of Traquare, and vvithe diuers other gentlemen? The ceremonies in deade [Page 14] vvere the fevver bicause that the greatteste parte of the counsaile vvere protestants, One ans­vvere to the aduer­saries ob­iections, that the Quene did not mour­ne the dea­the of the lorde Dar­ley. and had before enterred theire ovvne pa­rents, vvithoute accustomed solemnities of ceremonies: Neither ys there anie suche order or custome, as ye pretende and make your reckeninge of, for the reseruation of the corps fortie dayes, nor anie suche ob­seruation vvas kepte and vsed, abovvte the corps of the verie father of the Prince, nei­ther yet vvas there anie suche order taken or appoīted by the counsaile for the enter­ringe of the saide lorde Darley his bodie in suche sorte as ye notefie, but euē directlie to the cōtrarie. Yea ye are as litle able to ꝓue, that there hathe bene anie suche customarie solēnitie obserued, of so straight ād strange a mourninge, as ye most seuerelie vvolde restraine and binde the Quene vnto, as ye be able to proue the residevve of the pre­misses. But in case ye coulde vvell iustifie some such vsuall order, yet shall ye neuer be able to shevve, that yt dothe extende ād ap­parteine to suche kinde of Quenes, as she ys. For they mourne theire husbands vvho were kings, her grace mournethe after an o­ther sorte: she a prince, her husbāde a priuate man and her subiecte. They, as vvomē most commonlie do take theire honour ād cheif [Page] dignitie of theyre husbands. Her husbands encrease of aduācemente came by hys mat­chinge with her. l Liberorū §. de his qui mutā ­tur inf. And further womē by the civill lavve, are in diuers cases discharged & excused for theire omittinge therof, and forbearinge theire so doinge. And yet did this good gentle ladie bemone, even suche a notable time, enioinge and vsinge none other then candle light, as was knovven to all the nobilitie of Scotlande, and also to one maister Henrye killigraue, Who Was sente thither by the Quene of Englande to her comforte, accordinge to the vse and manner of Princes. Who had a longer time in this lamentinge vvise continevved, had she not bene most ernestlie dehorted from her longer prolonginge therof, by the ve­hemente exhortations & persvvasions of her counsaile, who vvere moued therto by her phisitians informations: declaringe to them the greate and iminente dangers of her healthe & lyfe, yf she did not in all speed breake vp and leaue that kinde of close & solitarie life, and repaire to some good opē and holsome aire, vvhich she did beinge this aduised and ernestlie therto solicited, by her saide counsaile. All Whiche yet notvvith stā ­dinge this her facte, ys vvithe theis most se­vere [Page 15] and graue Censeurs taken for and re­puted as the verye next sinne of all, to the most greauouse sinne against the holie gho­ste. But ô good pitifull men who for the ve­rie tender love, and singuler affectiō which, you dit euer beare to the lorde Darley (the Whiche trevvlie Was so vehement that for your excedīge hott & feruēte loue tovvards hym, ye ever sovvght hys harts bloudd) do nowe so pittifullie bevvaile hym. But yf she had by reason of the closenes of the aire, & somewhat longer cōtinewāce in her mour­ninge place, and in her dumpishe desolate and dolefull estate, accelerated her ovvne deathe vvithall, then had she by the Erle Murraies, and his adherents ghostlie Iud­gements mourned like a good honest wif, and to theire best contentation: Yt beinge the right vvaye and rediest meanes to haue conueied and browght the saide Erle to that place, Wher unto he so longe and so gredelie aspired to, and the vviche novve at the lengthe he hathe atchiued and attained vnto. As for the residevve of theire saiengs, yf there be anie faut in the Quene, yt suer­lie fallethe doble and treble vpon theis Achitophells. And the good innocente [Page] ladie, Who hathe bene so vvretchedlie and so vnvvorthelie by them abused, and cir­cumuented, ys more to be pittied, then to be blamed. The Erle Bothvvel was acqui­ted by his peeres, accordinge to the comon and ordinarie trade and maniere in suche cases vsuallie obserued. Theis vnnaturall and disloiall subiects, theis most shamefull craftie colluders her aduersariers and accu­sers, I meane the Erle Morton, the lorde Simple, the lorde Lindzaye, vvithe theire adherents and affinitie especiall, procured, and vvithe all diligence labored his purga­tion and acquitall, wiche was afterwarde confirmed by the three estates by acte of parliament. Theis, theis I saie, wherof some are nowe the vehement and hott fault fin­ders, and moste earneste reprouers and bla­mers of the saide pretended mariage, were then the principall inuentours, practizers, perswaders, and compassers of the same. They procured a greate parte of the nobi­litie, to solicite the Quene to cowple her selfe Ī mariage withe the saide Erle, as with a man most fitt, apte, and mete for her pre­sente estate and case. Firste alleadginge the dāgerouse worlde, The con­sideration mouinge, or rather forcīge the Q. to thys pretensed mariage. ād ofte inculcatinge into her minde and remembrance, the presente [Page 16] louse time and dealings of men, wiche the better to preuent, and more suerlie to with stande, by theire counsaile and ꝑ [...]vadings enduced her, and by other their [...] craftie doings, as yt were, enforced ād constrained her to take a husbande, to be her comfor­ter, her assisteur, her buckeler, ād her shilde, to defende her againste all her whatsoeuer aduersities and aduersaries. Yf she woulde be contented so to do, they promised him seruice, and to the Quene loyall obedience. Yea manie of them bownd them selues to the saide Erle, by theire owne hande writin­ge, to assiste, mainteine, and defende him a­gainst all men, that wolde then after chal­lēge or pursewe him, as gwiltie of the saide crime. The wiche theire doings, the Quene consideringe and fearinge dangers īminēt, and withall callinge to minde the sondrie and diuers vprores and seditions, alredie made against her, the wretched and most cruell murther of her Secretorie in her owne presence, the late strange and misera­ble murther of her husbande, the distresse, the discomforte, and desolation wherein she was presentlie bewrapped, the Erles actiuitie in martiall feates, and the good ād faithfull seruice done by him to her mo­ther, [Page] and to her self fearinge some new [...] ād freshe sturre ād calamitie, yf she shoulde refuse her nobilities requestes (thowghe verie circumspecte and naturallie prudente in all her other doings) yet neuer thelesse a woman, ād especiallie neuer to that howre, ons admonisshed either openlie or priuate­lie after the Erles acquitall, that he was gwiltie of the saide facte, nor suspectinge any thinge therof, yeldeg to that, to the wiche theis craftie colludinge seditiouse heads, and the verie necessitie of the time, (as yt then to her seamed) did in a manner enforce her. Lett them nowe laye on lode, lett them nowe rage and raue against this acquitall and mariage: Lett them lie, to theire owne shame, vpō theire owne deui­ses, and doings, thereby to defame theire Quene. Lett them lie that the Erle of Hunt­ley was restored to his fathers patrimonie, to procure his sisters cōsente to the deuor­se betwene the Erle and her, whiche restitu­tion was made, but not for that considera­tion, but bicause the Quene thovvght in her cōscience, his father vvrongfullie con­demned. Lett them crie owte vpon the Erle Bothvvell for that the sentence of diuorse vvas promulged partelie by force, partelie [Page 17] withoute the iuste and vsuall order of the lavve, and vvithoute sufficiente prouf. Lett them crie ovvte vppon him for his violente takinge and deteininge the Quene. Yet yf they cannot preciselie proue the Quenes cōsente to anie of his vnlawfull acts, as they shall neuer do: then can they not gett or ga­ther any iuste occasiō (whiche ys the thinge they onlie seake for) to suspecte the Quene of this greauous acte. On the other side yt ys vvell knovven and easelie to be proued, that this faction, did chefelie procure, as we haue sayde, asvvell the acquitall, as the sup­posed mariage, ād therefore by likelihodd was priuie of all other consequente deuises and practises. Wherefore they do nothinge but blovve ovvte, and blase to the vvorlde, Withe theire owne fovvle filthie mowthes, theire owne shame. And do fare like a man, that dothe thruste a svvorde throvvghe bothe his ovvne sides, to pricke a litle, and raise but the ovvtevvarde skynne onelye of his enemy. Ye maye novve vvell par­ceaue (gentle reader) that hitherto they haue produced litle matter of creditt against theire Quene, and yet as yt appearethe, verrie good matter against them selues, and for theire ovvne discreditt. Novve [Page] maye ye therefore easelie coniecture, and by theis theire cheif and principall matters and grovvnds, easelie perceaue, vvhat ac­compte ys to be made of all the residevve of theire levvde slaunders, and vvhat small force and strenghe, all theire vvhole say­engs do beare. They see yt, they see yt vvel­inovvghe them selues, good reader, vvher­by they vvell perceaue, and fullye vnder­stande, that they altogether are vnable to beare ovvte and mainteine by reason, [...]usti­ce, or lavve, theis theire ovvtragiouse and seditiouse procedings. And therefore they sett vpon them the best colour and counte­nance they can. Where in you shall novve heare, what they did alleadge beinge in En­glande for them selues. The aduersaries de­claration before the Quene of Englands commissi­oners. They saye that no man can charge them, or the residevve of theire nobilité, that they haue gone as much as one onlie steppe, frō the office and dew­tie of good subiects, ī takīge armes against the owtragiouse enormities alredie cōmit­ted, ād to preuēte the greate dangers immi­nente to the ꝑsons of theire Quene, ād her deare sonne, to theire nobilitie, and to the vvhole state of theire vveale publike. And that yt was no small harts grefe to them, to heare vvhat vilainie all natiōs thowght and [Page 18] openlie speake of them, for sufferinge such a tragicall matter to escape vnpunisshed, vvhiche thinge engendrethe of vs (saie they) amonge strangers, ād all forren nations an yll and sinister opinion of some cōmen cō ­sente therto made by our vvhol nobylitié. Yea to see also the verie executor therof hym self, by violēte force, to teake, deteine, and kepe his & theire Souereigne, ād withe marienge vvith her to distaine her honour. Wherefore to sett her maiestie at fredome owte of his bōdage, to preserue her honour, and the ꝑson of her sonne, and by dewe pu­nisshemēt of such a malefactour, to recouer theire good name and estimation, vvith the reste and quietnes of theire cuntreye: When they had but in vaine attempted aswel all o­ther meanes, as by the offeringe to the Erle singulier battaile, they were driuē to gather force, to resist them, Who came to the felde against them withe a stronge armie. But he refusinge either to wage singulier battaile, Whiche vvas then offered to him, or to ioyne in battaile vvith theire campe, es­caped by flight. The Quene in the meane vvhile rendred her self into the nobili­ties hands there assembled, and by them vvas conuayed to Edenborovvghe: But [Page] afterwarde they Were of verye necessitie compelled to sequester her, vntill suche ti­me, as some remedie might be fownde for theis matters, into Lochleven, where she ha­uinge nowe advised withe her self, and ful­lie perceaved her ovvne disabilitie to sustai­ne the weight of so greate a rome, freelie & voluntarelie by theire sainge, gaue ouer the crowne to her sonne: appointinge the Erle Murraie, beinge at that time owte of the re­alme, to be regente therof, duringe her sonnes minoritie. The Erle Bothwell not longe after, beinge by them pursued fledd the realme, to escape theire hands. Now this said resignatiō, by the Quene ons made to her sonne, he was forthvvithe by them solemlie crowned, and he as kinge, the Erle Murraie as regent obeied, and the state of bothe theis regimēts, was by acte of parlia­mente established. Wher vpon quietnes be­gane to encrease, and iustice more ād more dailie to take place. Whiche yet some ꝑsons (saie they) muche enuienge at, to the dystur­bance of the same, and of the kinge hys au­thoritie, first practised, cōtrarie to the saide theire Acte of parlement, the Quenes deli­urance oute of Lochleven, and then shewed them selues in armes. But as theire attēpte, [Page 19] saie theye, was vnlawfull, so the victorie fell against them, on owrs the righteouse side, Whereby god hym self seamethe to haue geuen sentēce for the equitie of our whole cause against our aduersaries. Theis are the principall allegations, theis good men haue proposed, for the iustification of theire pro­cedings against the Quene, before the most excellēt and mightie Princesse Elizabethe Quene of Englande. Finallie, they saie that the moste parte of them selues, are for par­ticuler benefitts priuatelie so muche behol­dinge to theire saide Quene, that a nomber of thē coulde be contented, and vvell wil­linge, yf they might praeserue Scotlande in the state of a kingedome, preseruinge also the profession of trewe religion, withe the kings person, & the whole state from dan­ger, to liue Willinglie in perpetuall exile & banishemente. God be thancked, that after that theis seditiouse & trayterouse subiects, haue bene so stovvte and storminge in the reconinge vpp and accumulatinge of faults & offenses, of theire innocēte maistresse & Quene, they are yet at the lengthe forced to answere for them selues, and for theire excessiue outragiouse rebelliouse doings: Theire gaie gloriouse glitteringe excuses, [Page] maye ꝑhapps at the firste shewe, seame to some of the Readers, to have a iolie face of muche probabilité, greate trewthe, and fer­uente zeale to the Weale publike. But maie yt please them advysedlie and deapelie to ponder and Weyghe, aswell what we have saide, as what vve further shall saie, in sup­plemente of full answere, and then to iudge and deme of the matter, none otherwise then reason, equitie, & lawe do craue. They shall at lengthe finde owte, and throwghlie perceaue and knowe, theis mens dealings and doings, Who as yet cover theire fovvle filthie lienge, detestable practizes, and trai­terouse enormities, withe suche a visarde of counterfeite false fained holines, and suche excedinge greate shewe of zeale to the Quenes honour, in punishinge off malefa­ctours, and to the preseruatiō of the state of the realme, as thowghe all the worlde vvol­de fall, and goe to rewen, yf yt were not vpholden & vnderpropped by the strēgthe of theire showlders. Theie shall see hovve they will appere in theire owne naturall li­kenes, so ovvgelie, that all good harts vvill vtterlie detest them, and thincke them most vvorthie for example sake, to all the Worlde hereafter, of extreme punishemēte. [Page 20] We affirme then first that as they have pro­duced nothinge in the vvorlde tovvchinge the principall points: As of the lorde Dar­leies deathe, the acquitall of the Erle Both­vvell, and the Quenes mariage vvith him, iustlie to charge her vvithall: So are theie them selues, asvvell for the saide acquitall and mariage, as for theire damnable and rebellyouse attempts against theire Sove­reigne, and for manie other enormous cri­mes, so farre and so deapelie charged▪ so fovvlie stained, and so shamefullie marked and noted, that never shall they Withe all theire hypocriticall fine fetches, be able to rubbe ovvte the dirtye blotts therof from theire skirts. Whiche thinge vvilbe easelie perceaved of them, that vvyll vouchesauf and aduisedlie cōsider the fonde, friuolouse and contradictorie excuses, they make in theire ovvne defence. At the begininge theire open surmised quarrell (vvherby they vvente abovvte to dravve the peo­ples harts to them selves, and to streng­then theire ovvne faction) stode in three poynts, as appearethe by theire excuses, and by theire pretensed proclamations. The first vvas, to deliver the Quene from [Page] the Erle Bothevvell vvho violentlie detei­ned her, The causes that the Rebells p̄ ­tended at the begi­ninge. and to preuent daungers, imminēt to her parson. The seconde to reuenge the kings deathe vpon the saide Both vvell, vvhom they knevve (as they pretended) to haue bene the principall doer in the execu­tion of the saide murther. The thirde Was, to preserue the yonge Prince, the Quenes sōne, This ys theire iolie and holie pretēce. Novv lett vs see hovve conformable theire vvorthie procedings are, to theis theire co­lorable cloked holie collusions. The fyrst gentle and humble admonition that theis good louinge subiects gaue her, An ans­vvere to the first. to reforme the surmised enormities, vvas in battell arraye at Bortvvike castle, vvhiche they thovvght vpō the sodaine to haue possessed vvith the Quenes person: vvher vpon they beinge disapointed therof, gatt into the tovvne and fortresse of Edenborowghe, by the treasō of Balfoure the capitaine therof, and of Cragmiler the prouoste of the citie. Wherbi they beinge the more animated to followe and prosequute theire vvicked en­terprise, begane nowe to be stronge in the filde. The Quene hauing also a good strōge armie, and thinckinge her self vvell able therby to encounter vvithe the ennemie, [Page 21] and to represse theire furiouse outrage, yet not vvithestandinge, for the greate loue ād pittie she toke of them (thovvghe rebel­liouse subiects) Wilinge as muche, as in her laye to kepe and preserue theire bloudd from shedinge, offered them fayre of her owne free motion, that yf they wolde, pea­ceablie come to them, and take dewe and conuenient order for the redresse of all suche things, as might appere by lavve and reason mete to be reformed. Wher vpon the lorde Grange was sente by the lords to her, The lorde Grange ꝓ­mised vpō his knees obedience in all the rebells na­mes. Who in all theire names moste hūblie vpō his knees, assured her of all dewe obe­dience, of securitie, and sauftie of bothe her life and honour: And so the good ladie (her conscience beringe her vvitnes of all her iuste and vpright dealings and therefore nothinge mistrustinge) dismissinge her ar­mie, yelded her self to the lords, Who con­ueyed her to Edenborowghe, ād there sett her at suche a meruelouse libertie, and in suche securité and safetie that all good men to the Worlds ende, Will vvonder at theire excedīge good loyaltie. Fyrste kepinge her owne pallace, they sett and placed her in a marchants howse, and vsed her otherwise verie homelie. She nowe consideringe, and [Page] perceauinge, to vvhat ende theis matters tended, most pittifullie cried ovvte and cal­led vpon them, to remember theire late promisse, or at the leaste, that she might be browght before the counsaile, offeringe to stande to the order and direction of the states of the realme, but God knovvethe all in vaine. Fo [...] novve had they the praye, vvheron they intended, to vvhett theire bloudie teathe, or they did dismisse or for­goe her, as the euente dothe declare. Whe­refore in the night priuelie she vvas con­uaied, and vvithe haste in disgvvised appar­rell, The Quene inprisoned at lochle­uen. to the stronge forte of Lechleuen, and after a fevve dayes beinge stripped ovvte and spoiled of all her princelie attyremēte, vvas clothed vvith a course brovvne cas­socke. After this theis good loyall subiects, practisinge ād encreasinge more and more dailie the performance of theire saide pro­mised obedience, neuer ceased vntill they had vsurped the full auctoritie and regi­ment of the vvhole. In to the vvhiche thovvghe they had entruded them selues, yet seinge as blinde as they vvere, by disor­dinate, vnseamlie and vnmeasurable ambi­tion, that the Quene remained and vvas still Quene, and that there vvas no iuste [Page 22] cause by the ordinarie course of the lavve, or for anie her demerites & deserts to brīge her forthe to her triall, that she might be conuicted ād deposed, vvent like good ho­nest plaine men, and vvell meaninge sub­iects, bluntlie to vvorke, and consulted and determined to dispatche and ridd her ovvte of her lif, vnlesse she vvolde yelde to them ād subscribe suche vvritings, as they vvolde sende to her concerninge the demission of her crovvne to her sonne, and the regi­mente of the reaulme to the Erle Murraie. Wher vpon the Erle of Athole, Secretorie Ledington withe other principall of theire factious bande, sent Robert Miluen to Lechleuen to vvill her in anie case, yf she sovvght the sauuegarde of her life, to condiscende to such demandes and to sett her hande to suche vvritings as shoulde be proposed and brovvght vnto her. Whiche as they saide to do, The Quene threatned to be ridd avvaye, yf she wolde not renōce her crovv­ne. neuer coulde be preiudiciall to her, beinge by force and violence extorted. Syr Nicholas Throk­marton also beinge then ambassadour there for the Quene of England, gaue her the like aduice. Novve at the laste co­methe the lorde Lindzaye, sente in comis­ssiō from theire counsaile, to presente and [Page] offer vnto her, the writings: who most grea­uouselie withe full fearefull words, & verie cruell & sterne countenāce threatened her, that vnlesse she Wolde therto subscribe, she shoulde lose her life. But call you this a free and voluntarie yeldinge ouer and resigna­tion of the crovvne? A voluntarie assigna­tion of the regimente to you the Erle Mur­raie? Yea suerlye, as free and voluntarie, as a man withe hys ovvne hands, castethe into the sea hys goods, in a maine and raginge tempeste frelie and voluntarelie: savinge that paraduenture ye maye replie and saye that there ys so muche wyll in hym, that he had rather byde the aduēture of hys goods & riches, then of hys verie life, beinge con­tented to redeme the saufegarde of hys life withe the losse of hys goods. And yet as voluntarie as ye make yt: Free and volunta­rie ye shall no more make yt, then ye shal­be able to prove, that the peoples good will was alienated from her, as ye surmise. For the procuringe werof, ye have by your craf­tie slaunderouse leasings and wretched practizes, done all the endevour, your ma­liciouse and spitefull braines coulde inven­te and searche oute. But suerlie your doings have bene so gratiouse, that yf she had be­ne [Page 23] so gratiouse, that yf she had bene dead­elie hated before, they might haue procu­red and gotten her a vvonderfull loue and fauour of the people againe. And vvhereas she vvas (eauen as she well deserued) moste entierlie and tenderlie beloued before, novve ye haue by theis your so tragicall and tirannicall procedings, purchassed to her suche an augmentation and encrase of the same (especiallie vvhen that the people amonge vvhome for a vvhile, some ye haue throvvghe your colorable craftie conuey­ances, made to misdeame, and haue some­vvhat the vvorse likynge of her, shall throvvghelie and perfectelie vnderstande and knovve your saide vvilie policies, as more and more dailie they do) that she shall be muche beholdinge, but no God haue mercie to you therfore But novve to procede and goo forevvarde vvithe your louinge loyall procedings tovvards her, ye neuer ceased nor stayed, vntill ye had pro­cured ād obteined a colorable parliamēte, vvherebie ye gott your vsurped and vnna­turall kingdome ratefied and confirmed: And not onlie all your vvicked practises, alredie paste, but eauen vvhat mischefe so­euer you vvolde, shousde aftervvarde passe [Page] also, against her quietnes and saufetie. And thus beholde theis hūble obediente, & lo­vinge subiects, have purchased ād procured a commission longe before hande, the like wherof, as I suppose, was never ī the vvorld harde of afore, in any vvhatsoeuer rude savage, ād barbarouse natiō or contreye, to slaie, kyll, and murther theire ovvne Sove­reigne Quene, & a moste innocente Ladie, at theire ovvne vvills and pleasure. The vvhiche theire saide commission, they had in this vvise executed longe ere this, as yt ys crediblie thovvght, yf God had not [...], as the proverbe ys, vvonderfullye eluded, and myraculouselie frustrated thys theire mischevouse maliciouse purpose and entente. And yet ys there one iniurie more, that dothe greaue more, and moleste this good gvviltlesse ladie, thē all theis foretol­de naughtie partes played of them againste her. And suerlie not vvithoute iuste cause of greyf, for in deade yt farre passeithe and ex­cedeithe them all. And that ys theire sha­mefull & most traiterouse diffaminge her, beinge all together innocēte therein, vvith the deathe of her husbande, as thovvghe that she had suborned the Erle Bothevvell therto, and revvarded hym therefore vvith [Page 24] the mariage of her ovvne bodie. Here per­chaunce they vvill saye▪ Marye this ys our cheif quarrell in deede, this vvas the marke vve principallie shott at. The grea­te love and zeale vve beare to Iustice, An an­svvere to the secōde. and the earnest desire vve have to purge and ridd the realme of the slaunder and infamie, that arisethe therto by this hori­ble facte, movethe and stirrethe vs vpp to seake by all meanes vve can, the pu­nisshinge of the sayde Erle, vvho vvas the comitter, and cheif perpetratour therof. Yf yt so be, suerlie there ys vppon the sodaine comen vpon you a meruelouse devotion. For Whie? Were not ye and your bande and adherents the cheif and principall authours, assi­sters, favvters, ayders and abatours, for the clearinge and iustifienge of the saide Bothvvell accused and indighted, as gvvil­tie of the saide murther? What ys yt that makethe you novve so hott, that then vvere so coulde? Belike the vvorlde and vvether ys a nevve changed and alte­red of late. Yet tell vs vve praye you in good erneste, vvas your principall scope & zeale, to apprehende the Erle Bothvvell? [Page] tell vs then a good cause whie you dimissed him, The Que­nes enne­mies di­missed the Erle Both­well whē thei might haue takē him. vvhē you might haue had him at your pleasure? Did not the foresaide Grange, co­minge to the Quene from you, speake to him also? did he not take him by the hande, vvill him to departe, assueringe and tel­linge him, that no man shoulde followe to pursewe him? Did not the Erle remaine in the cōtree at hande manie monethes after, vntill the returnīge home of the Erle Mur­raye? And then for a face and countenāce, there were made ovvte to the seas certaine shipps to apprehēde him, yt beinge of you pretended, that he vvas novve become an arrant pirate ād rouer vpon the seas. Naye, naye, yt vvas not he you so longe sovvght after: yt Was an other birde, and her ye had faste in the cadge, and therefore ye permit­ted the Erle to flye vvhither he vvolde. But yet you saye in your accusation putt vpp to the Quene of Englande and her commissi­oners, that as he vvas the cheif executour of the saide lorde Darleys deathe: so she vvas of the fore knovvledge and counsaile, yea and the mainteiner therof also, ād ther­fore she bothe stopped the inquisition of the facte, and punishemente of him: And also matched her self in mariage with him: [Page 25] I aske then, as before of you, vvhie throvv­ghe the speciall suite and procuremente of your faction, he vvas acquited and sett on cleare borde? Whie did you vvithe a greate parte of the nobilitie, moue, further, and vvorke the saide mariage as moste meteste and necessarie for your Quene? Whie did you as by your hande vvritinge yt vvill appere, The Que­nes enimi­es bownde by theyre hāde wrytinge to o­bey the Erle Bothe­vvell if he maried the Quene. proferre and promise to hym your faithfull service, & to her your loyall obe­yssance? Why dyd none of all your faction, nor anie other else eyther openlie or priua­telie declare & detecte this matter to your Quene, before the pretended mariage? Was there no tyme nor occasion and oportuni­tie, to geve her warninge therof, but by the terrible and fearefull blaste and sownde of the martiall trompett? For she (good inno­cente ladie) hathe vpon her honour protes­ted and planelie declared (the wiche her ꝓtestation also, the disorderlie, ambitiouse and tragicall doyngs, of theis rebelliouse and traiterouse subiects do muche helpe and confirme) that afore her takinge and imprisonmente, she never knewe, who we­re either principall or accessarie: or by anie meanes culpable and blame worthie, con­cerninge the saide murther. Towchinge [Page] the thirde pointe yt ys not vvorthie the cō ­futinge, An ans­vvere to the thirde. for theis same men knevve right Well, that the Quene had putt her sōne saulf and suer inovvghe in the gvvarde ād custo­die of the Erle of Marre. But see I praye you the impudencie of theis men: And con­sider hovve muche yt ys to be mused and merueled at, Who are not asshamed to pub­lishe by open edicts and proclamatiōs, that the Prince shoulde be in more securitie and saufegarde vnder the protectiō & kepinge of the Regente and vsurpinge rebells, then vnder the hands and bringinge vppe of his ovvne most naturall & deare mother, withe diuers other the like vnnaturall, ridiculouse and absurde propositions. God blesse hym and graunte hym no worse to speade, then hys most tender and louinge mother dailye wisshethe, ād cōtinuallie praiethe for. Who, good svvete babe, The Prin­ce yf he vvere at age wolde not like thennimes doings a­gainst his mother. yf he had age and discre­tion to vnderstande theire doings, vvolde geue the Erle Murraye and his fellovves but coulde thancks, for the intrudinge of hym against his good mother, vnto the crowne and gouernemēt of the realme, but vvolde and myght vvell saie, that this vvas but a colour vnder hys shadowe to strengthen him the saide Erle, against hys good mother [Page 26] and perchannce against hys owne selfe to. Hys owne vnnaturall coronation also (thovvghe theis men muche bragge yt so­lemnelie and orderlie to have proceded) he Wolde as muche mislike. Neyther vvolde be bye yt so deare, nor come forthe to be a kinge so vnnaturallie, as the vipers enter into the worlde by eatinge and gnavvinge ovvte the mothers vvombe. He vvolde demande and aske vvhat strange nevve fovvnde solemnitie, and fonde manner of coronation this Was. For the matter beinge of so greate and vveightie impor­tance, of one hundred Erles, busshopps, and lordes, and more that haue voice in parliamente, vvherof all or the more parte of them shoulde have an agremēte, likinge, and consente, as to all other, so to theis pub­like doinges also: there vvere no more presente but fovvre Erles onelie. He vvas vnlawfullie crovv­ned. Wherof the most honorable, had not the se­venthe or eyght voyce in the parliamente amonge the Erles, nor yet the first of tvventie voyces amonge all the states. We had farther but sixe lords, Who al­so vvere suche, as had laied theire violente hands vpon theire Quene afo­re, and putt her in prison. And least all [Page] shoulde be voyde, yf they shoulde seame to lacke theire full congregation of the spiritualitie and temporalitie, in leapeth one busshoppe, and tvvo or three ab­botts and Priours. But yet, vvere there not solemne protestations I praye you then openlie made, and authenticall in­struments therof made also, that what soeuer vvas that daye done either for the coronation and inuestinge of the kinge, or for the establisshinge of a re­gente, or otherwise against the Quenes royall estate, and person: yt shoulde not be to her in anie pointe hurtefull or preiudiciall, as beinge then violent­lie deteined and imprisoned? Well you vvill alleage paraduenture, that all theis procedings vvere ratefied and confirmed by acte of parliamente. Vvhie the confir­mation of the rebel­les doings made by an acte of parliamēt ys nothīge vvorthe. Yet all this not vvithstandinge, thys noble impe, yf he vvere at ripe yeares, vvolde no dowbte acknovvledge and allovve no suche di­sordered parliamente. But vvolde en­quire of you vvhat authoritie you had to call and somon the saide parliamente? He vvolde saye, that the ratefienge of the saide dimission of the crovvne by his mother, ys not allovvable or to be appro­ued. [Page 27] Firste by cause she vvas then in prison, and not at her owne libertie: nexte by cause yt vvas done by violence and forced withe feare of life, and so vvhatsoeuer vvas buil­ded vppon this fovvndation, beinge of suche vveakenes, and so vnstable, coulde neuer be firmelie and suerlie established ād corroborated. He vvolde farther saye, that diuers of the cheif and most principall amonge the nobilitie, nameli the Erles of Argile, and Huntley vvith the lorde Herris, vvolde not in anie vvise accorde or agree therto, othervvise then yt shoulde stande vvithe the Quenes voluntarie will, voide and free from all manner of threat­ninges, force, and violence. Wherof they did full earnestlie and solemlie proteste, requiringe theyre protestations to be enacted and recorded. He vvolde mo­re ouer saye, that he coulde in no vvise, vvell like of that parliamente, that shoulde so dishonour his ovvne good mother, and make her to be an infa­mouse Princesse, havinge none other grovvnde and prouf to leade them to do so, but onelie a fevve vncertaine ghesses, and vnknovven obscure lettres. [Page] He vvolde no dovvbte for all theis men [...] vaine bostinge and bragginge of Iustice and quietnes, most tenderlie lament and vvofullie bevvaile, the miserable and pitti­full case, and dolorouse state of that selie poore ragged, and rent realme, the vvret­ched and infinite robberies and spoiles cō ­mitted and done vpon the trevve loiall sub­iects therof, beinge dailie moste greavouse­lie oppressed, and shamefullie murthered: And the vvhole realme so mervelouselie maimed, that the verie outevvarde enemye dothe sore lamente to see yt, or heare ther­of, and that vvilbe wondered at of all the posteritie, so longe as the vvorld dothe stā ­de. He Wolde yet saye, that in case there had bene no iniurie offerid either to his mother or to anie other, he vvolde not suche mise­rie shoulde throvvghe hym, or vnder hys name be cavvsed or occasioned, thovvghe he might purchase therby, the greattest em­pire in the vvorlde. Thus maye euery man see & perceaue howe dishonorable & howe disloiall your acts & doings haue bene, and also hovve disagreable to your saiengs pro­testations and praetenses. For ye pretended, at your firste seditiouse motion (as vve haue declared) the Quenes libertie and honour, and that ye vvolde duelie and feaithfullie [Page 28] serue her, vvhiche your seruice vvhat yt was let your doings declare. Ye make pretence that ye toke a [...]mes cheifelie for the appre­hension of the Erle Bothvvell, and yet ye di­missed and lett hym goo, beinge presente, and neuer but longe after, and colorablie sovvght him. Ye pretended the quietnes ād peaceable gouernemēte of the realme, but the realme vvas never theis manye hundred yeares so disquieted & turmoiled vvithe so sore stormes ād blustering tempestes. The incon­stancie of the Quēs ennemies, first p̄ten­dinge be­fore the Q. and coun­saile of Englāde, her voluntary dimission of the crow [...]e ād that after­ward that she vvas deposed. Ye p̄ ­tended at your first inueienge ād cōference agaīst your sayde Maistris before the Que­ne of Englāds comissiōers, that she findinge her self vnable and vnme [...]e to rule and go­uerne her realme and subiects, voluntarilie yelded vpp and surrendred the crowne. But the contrarie ys moste apparētlie knovven: Yea you your selues about tvvo monethes after, quite forgetinge your firste allegatiōs saye, that the states of the realme of Scot­lāde depriued ād deposed her. At What time ye also made solēne hypocritical ād cloked ꝓtestatiōs, how lothe you Were to publishe and detecte anye matter to her dyshonour. Wherto might be replied against you, as­well the rule of the lawe, that Protestatio con­traria fa [...]to, non releuat, As the olde Prouerbe: [Page] Crocodili lachrymae., the false traiterouse tea­res of the hypocriticall Crocodyll. Fie the­refore and owte vpon theis your Crocodi­le teares, whereby you wolde perswade & make the worlde beleave, that you wolde redeame and save her honour withe your perpetuall banissement. And as for the reli­giō ye speake of, yt were muche to be mer­veled, and sore to be pittied, yf that yt coulde not be mainteined and borne owte withoute suche fowle dyshonest & owtra­giouse meanes and shyfts. But all this your greate feare, leaste that Scotlāde otherwise shoulde not be able to have and beare the countenance and maintenance of a kyng­dome, ys mere vaine and frivolouse, and al­together neadlesse. For whye shoulde you thus feare, havynge suche a noble Quene liniallie descendinge from the Royall race, of the noble Kyngs of Scotlande, and inhe­ritinge the crovvne therof, of ryght. She ha­vinge besyds (God be thancked therefore) so goodlie a noble Impe, when the tyme ād lavve callethe hym therto, to succede hys mother: vnlesse that ye be maistre knoxe hys ovvne good schollers, and suche of hys affinitie, that have sett vpp & erected a iolie nevve scole (as we haue declared) teachyn­ge [Page 29] that yt ys not lawefull for a womā Prin­ce to haue civill gouuernemente. A stran­ge doctri­ne of mai­stre knoxe against vvomans gouuerne­ment. Theis ād manye the like things vvolde this good & gratiouse Impe, reasonablie, ād like a good naturall louinge childe tell ād reprove you of, yf he vvere of discretion & intelligence to weighe and consider your strange pro­cedings and deuellishe dealings, against his most deare and tēder mother. Yea he wolde tell you, that hys mothers inestimable and vnmesurable benefitts, vvere vvell ād wor­thelie emploied, and bestowed vpon suche a wicked and vngrate generatiō. He wolde also saye and tell you, that you shoulde pur­chase your selues small renovvme, and litle revvarde of God, or of the vvorlde, for this your false fained paciēce, in hearinge your selves called (and that full vvorthelie) trai­tours and rebelles. No more suerlie then yf ye had harde, as novve ye muste (for thys daintie dishe vve have reserved for your ovvne tothe to the laste course) and so pro­ved vvithall, the deuisers and procurers of the shamefull, vile vilaynouse murther of the noble yonge lorde, the lorde Darley, your ovvne maistresse & Quenes most dea­re husbande. Whose tēder harte, never anye worldlie thinge so nighe and so deapelie [Page] peared as did this mischeuouse acte. Ye tri­umphe and vante of your gloriouse victo­rie, The Que­nes enne­mies fond­lie triūphe of theyre victorie a­gainst her trewe sub­iects. and of the vnmercifull slawghter, ye haue made vpō the Quenes moste louinge loyall ād feaithfull subiects. Ye valewe me­sure ād rule thereby, the goodnes and equi­tie of your quarell and cause. But this rule dothe not alvvayes holde as neuer hauinge exception and instance. The Israelites qua­rell againste the tribe of Beniamin, risinge vppon a trevvthe and horrible facte perpe­trated ād comitted by the Gabaonites, whō the Beniamites did defende (and not vppon false fained doings and outeragiouse ambi­tion, as yours doth agaīst your Souereigne) vvas a thovvsande times better, Iudic 20. and more iuste, The victo­rie some­time fal­leth in the worseside. then ys this your pretensed quarell, ād seditiouse vprore. And yet the Beniamites gaue them a sore greauouse and pittifull o­uerthrowe. But yf scripture onlie vvill not satisfie you, hearken to kinge Priamus who sayethe that in Warre osten times the good and the honest goe to vvracke, Iliad: 24. vvhereas verletts, theues, and liers do escape.

And suerlie yt vvere no yll counsaile for [Page 10] you to remember vvithall the olde sayenge Respice finem: take good head what maye fall ovvte at the ende. Ye do litle vveighe and consider the greate prouidence of al­mightie god in this facte, Whereby he sea­methe to haue prouided suche an indiffe­rente vvaye and so free from all sinister suspition, for the prouf and iustification of the Quenes innocencie and integritie, and for the maintenance and preseruation of her name and honour (the vvhiche she este­methe and preferrethe afore all earthlie things) and for your vtter confusion and shame, the like vvherof coulde not by man be fovvnde. What shall I then saye to you? Hovve shall I begine or vverein to you? Suerlie I maye vvell crye ovvte ô Heauen ô Earthe, ô God, ô Man, hearken, hear­ken to suche a heinouse deavillishe de­uice and drifte, as dovvbtlesse, neither tragedie nor anie recorde of antiquitie can lightlie reporte a more heinouse: Hear­ken I saye to this detestable and abomi­nable facte. Hearken of subiects that haue consented vnto, and caused theire owne Princes hus [...]ande to be slayne, ād not cōtented to enioye theire owne impunitie of so horrible and greauouse a crime, haue [Page] sought and inuented meanes and vvayes vvillingelie and vvittingelie to haue slaun­dered therwithall, theire moste innocente maistresse and Souereigne, and haue moste wrongfullie and full iniuriouselie cast her in prison, and spoiled her of all her prin­celie estate, beīge in a redines euerie howre to haue bereaued her of her life ād all: And as they haue of them selues reported, haue bene of nothinge more repentante and so­rie, then that they haue not fullie executed theire purposed mischeif. We saye then no lesse boldelie then trewlie. First that the Quene for this facte ys farre from all faulte. We saye nexte, that ye Murraye and your companions are the verie diuisers ād contriuers of the murther of this noble gētlemā, your selues. But to disclose ād opē theis matters at the full, yt dothe require a verie large scope ād discourse. Yet wyll we as breefelie as the cause will suffer ꝓsequute the same. For the first ꝑte that maye suffice, that We haue alredie declared, shall here after declare for her innocencie. Nowe be­fore we ꝓcede to the secōde, for the, more euidente and open condemnation of theis men, Lett vs imagine that to be done, that neuer vvas thowght of her ꝑte, to be done. [Page 31] Lett vs imagine ād suppose that the Quene Were therin gwiltie, In case the Qu. vvere culpable, yet are her ennemyes procedings vnlavv­full. [...]s theis mē moste faul­selie ād slaunderouselie reporte. Yet are all theis theire procedings of no validitie or force, ād she remainethe still theire Quene, and in her full auctoritie, by good reason and lawe. The zeale to punishe greate cri­mes, ys commendable, so it be measured by order and lawe. For as Aristotle sayethe, yt ys not inowghe to do [...] a good deade, Yt ys not inowgh to do a good thinge vn­lesse yt be well done. vnlesse yt be [...] Well done also. The one wherof respectethe the facte, the other the forme, māner ād fasshon, the qualitie, mea­nes, and order of the doinge therof. Quae forma dat esse rei. This forme and fasshion of Well doinge, hathe not bene obserued in your ꝓcedings. For yt cā not be well done, that ys vnlavvfullie, vnrightuouslie, and di­sorderlie done. Yf yt had bene, but a poore priuate mās cause, for the lacke of devve ād cōuenient forme in the treatinge ād hand­linge therof, the Whole ꝓcedinge had bene of none effecte or purpose. The lavves of vvell ordered cōmon vvealthes, especiallie the ciuill lavve, The lawe geueth ex­ceptions to the defen­dāt agaīst the iudges the accu­sers and witnesses. the principall ād maistris of all other ciuill pollices ād ordināces, do re­quire in all iudgemēts to be geuen against the defendāte, three seuerall ād distincte ꝑ­sons: [Page] the iudges, the accuser, ād the vvitnes­ses. The defendante hathe the benefitt of iuste and lavvfull exceptiōs, as vvell against the iudge, as against the accusers and vvit­nesses, Eache of vvhome maye be reiected for open enimitie tovvarde the defendant, and for diuers other causes. Accusers maye be repulsed, some for that they haue recea­ued a singuler benefitte of the partie defen­dāte, C. qui ac­cusat non poss. l. iniquum & l. fi. l. q accuss. H. de accu­sat. as a bonde man manumitted ād made free, In case he will accuse his patrone and manumissor: or yf a man will accuse his e­ducatour and bringer vpp. Some for neare­nesse in bloudd, and consanguinitie, as the brother. Some for nawghtie ād in famouse behauiour, ād some for other respects. Shal theis vngratefull traytours then, that iustlie neither can be iudge nor accuser, nor as muche as vvitnes against there souereigne, and to them a most gratiouse Quene, by anye reason or lavve, playe them selues all the three parts ī the tragedie? For they haue in all theis theire vvorshipfull proceadings against her, made suche a hotche potche, suche a mingle mangle, suche a confuse and disordered chaos against iustice and nature, that they them selues vvere the accusers, they them selues the vvitnesse, they them [Page 32] selues the Iudges and examiners of her cause. Ys there anie honest meaninge and gentle natured harte, that can ons pacient­lie abide and suffer to heare theys theire tauntinge and intollerable owteragiouse inueings and accusations, especiallie of the Erles Murraye and Morton, the Capitaines, ringeleaders, and cheif practitioners the­rof, against her, to Whome they are most deapelie bownde, aswel for highe prefer­mente vndeserued, as for diuers pardons of deathe, by manifolde treasōs worthelie de­serued? To whome the one of them ys by nature ād bloude (albe yt base) as a brother entierlie conioined. And to Whome they both owght to be with the reste, as to theire leage ladie, most loyallie subiected. Shall they novve vvithe the lorde Lindzaye be admitted to staine and defile her honour, to seake her harts bloude, Who longe sithens had vvorthelie loste theire ingrate chor­lishe, traiterouse bloude, yf they had not bene preserued by her singulier and incre­dible clemencie? Yet let vs consider theire precise and most holie forme of iudge­mente. The Quene vvas disorderlie and rebelliouselie apprehēded, she vvas caste in prisō, not ons hearde to answere for her self most instātlie ād pittifullie crauīge audiēce. [Page] She vvas forced and constrained by moste vehemēte and iuste feare to geave over her crovvne, and dimisse the regimente to the Erle Murraye. One greate argumēte of the saide constrainte and compulsion amonge other ys, that she neuer reade suche vvritīgs, as vvere offered to her, A good argumēte that the Quene by copulsion dimis­sed the crovvne. to be by her subscri­bed, nor entred into anye covenante or talke for the mainteinance of her lyuinge or saufgarde of her lyfe, vvhiche thinge she vvolde never by any indifferente mans iud­gement haue done, yf she had freelie and voluntarilie yelded vpp her regall dignitye. Neither can the pretensed parliamente be preiudiciall to her, stādinge vpon no better or suer grovvnde, then vppon suche as vve haue rehearsed: And vpō suche vvorshipfull lettres missive, as are by them, I can not tell more falselie, or more fōdelie, cōterfeited. Suerlie suche traitours, as durste laye vio­lente hands vppon theire Quene, and intru­de thē selves into the regall gouernemente, vvill make but small curtesie, in the fainīge and forginge a lettre, therby to vvorke theire purposed mischeif. I vvolde then far­der demaunde of them, What authoritie they had to somon & assēble a parliamēte? And whether thys facte of hers, supposinge [Page 33] she were therein gvviltie, deservethe in her beinge a Prince, & consideringe hovve hei­nowselie the lorde Darlie had offended her and the crovvne of Scotlande, suche extrea­me punishemente to be levied vpon her for one simple murther, especiallie by them that comitted that shamefull murther vpon her secretorie, that hathe cōmitted so ma­nie treasons, and dailie do comitt so many horrible murthers, vpon the Quenes trewe lovinge subiects. Howe manie, and hovv crewell and terrible deathes, suche trai­tours deserve? We haue moreover to de­maunde of them, whereas they pretende a meruelouse and a singular zeale to religion and holie scripture, ād to measure all theire doings preciselie by scripture and order therof, vvhat sufficient vvarrante they haue therein, by theire private aucthoritie, to sett violente hands vpon theire annointed Prince? I finde there that kinge Dauid vvas bo­the an adoulterer, and also a murtherer, I finde that God vvas highelie displeased with hym therefore. Yet finde I not that he was therefore by his subiects deposed. And here might I take occasion owte of the sa­cred scriptures to declayme and discourse agaynst your disordered doings, but that yt [Page] ys neadelesse, and our matters othervvise grovve longe. But yet consider ye vvithe your selues, you the Erles Morraye ād Mor­ton vvithe your consociates, that eauen ad­ioyninge the Quene vvere culpable and in some fault, as she ys not in this matter: Whe­ther yt had not bene muche better and more auaileable to your comon vvelthe, ād to the state therof, prudentlie to haue dis­sembled the matter, (as your forefathers haue hertofore done in a greater cause then this, namelie in duke Roberte The Duke Roberte of Scotlande. the gouer­nour, kinge Roberts Brother) then to haue permitted your comon vvelthe to haue co­men in to so miserable ād wretched a state, at yt ys novve fallen in, and dailie ys likelie to be in vvorse case and vvorse. I suppose yt vvilbe fovvnde, that yt had bene a muche better pollicie to haue reserued the puni­shemente therof to Gods ovvne rodd and iustice, in this or in any other vvorlde: then to haue taken from him, that he hathe reser­ued to his ovvne onlie iudgemente, and to haue geauē to the subiects of other Princes suche a vvicked presidente: that yf theis o­ther subiects treade faste vpō your steppes, there Will shortelie fewe kings and Princes in christenedome, haue any sure and faste holde of theire scepter and royall dignitie. [Page 34] We conclude then against you, speake and do the vvorste by her that ye can inuente, that your ꝓcedings be not agreable or cor­respondēte to lavve, order and iustice. And therefore to be reuoked, repealed, and an­nulled. We saye, that the comon rule of the lawe ought heare to take place. Spolia­tus ante omnia restituendus est, vnlesse that where all lawes asvvell Gods as mans lavve do fauour and preferre Princes causes, with singuler priuileges ād prerogatiues, ye haue novve espied ovvte a nevve lavve, Whereby princes shall haue and enioye lesse benefitts and praeminences in theire ovvne defence, then other priuate persons. We saye that for theis and manye other good and necessarie considerations, all ys voide that ye haue bu­sied your selues abovvte. We saye that all your doings ovvght to be remoued reuer­sed and clearelie annulled, and the Quene wrōgfullie by you displaced, to be restored to her seate ād former dignitie ād honour. Then lett the whole matter be, yf there be iuste cause before competente and mete iudges to sitt vppō a Prince, iustelie and or­derlie hearde and determined. For as for you, especiallie the Erle Murraye and Mor [...]ton, ye are to be charged and chalenged, be­side [Page] all other iuste exceptions, eauen as the principall inuētours maintenours and wor­kers of this shamefull and cruell murther, for the vvhiche ye haue made all this hurlie burlie. And as I maye saye, stirred heauen and earthe againste your ovvne verie natu­rall Prince. Neither maye the lorde Lind­zaye be hearde or suffered to intermedle a­gainst her, yf lavve take place, for diuers his demerites: Amonge vvhiche he standethe charged asvvell for that he vvas one of the cheif instruments in the slavvghter of the Quenes Secretorie Dauid: As also in the apprehēdinge and imprisoninge of her grace. But I muche muse and meruaile hovve the Busshoppe of Orkney, for shame coulde so presumptiouslie and hei­nouslie inueighe and declaime before the Quene of Englande and her cōmissioners, against his maistresse pretensed mariage, vvithe the Erle Bothvvell, sayenge that he him self did celebrate the solemnitie ther­of. Who also vvas your onlie busshoppe, that vvas presente at the coronatiō of your nevve erected kynge. A man moste apte and redye to serue all vvorlds and turnes. Againe you the Erle Morton, besids the murther of the Quenes Secretorie and of [Page 35] the lorde Darley her husbande, there are manye iuste exceptions and chalenges to be layed and taken asvveell of other mis­doings, as of manifolde and apparente tre­asons, vvhiche ye seame to haue sucked vvithe your mothers milke, Ye haue bene a traytour so often times to your Prince and Souereigne. Exceptiōs most iust agaīst the Quenes ac­cusers but especiallye agaīst the Erle Mur­raye. But the Erle Murraye yt ys, vvhome aboue all other, We haue to charge and burden. His base natiuitie, his baser conditions, the notable sayenge of the fo­resay de Cassius, cui bono? The trade of all his former lif, vvill muche staine ād presse him, yf vve do vvell vveyghe and marke the vveyghtie presumptions, that be euidente and plaine against him. I vvill make my be­gininge vvithe the greate and vnnaturall vnkindenes ād ingratitude, by him shewed to his deare sister, and his louinge ād moste bountefull maistresse and Souereigne. At what time she mīded, after the deathe of her firste husbāde the Frenche kinge to repaire into her ovvne realme of Scotlāde, The greate benefitts employed by the Quene vppon the sayde Erle. she sent forthwithe for him into France, ād vsed his aduise ād counsaile in all her affaires, eauen as she did also after her retorne into Scot­lande, So farre, that she had, but as yt vvere the name and callinge, he bearinge the ve­rye [Page] swaie of the regimente, by her intitu­led to, and honored and adorned vvith the erledome of Murraie, and at lengthe by one meanes or other furnished with so greate and ample possessions, that beside other cō ­modities and aduauntages, the yearelie rēte therof passethe and surmonthe the some of tvvētie & sixe thovvsande povvnds after the rate of theire monoye. Beholde novve the thanckfulnes of hys good and gratefull nature. He labored & endevored all that he possible coulde to vvith holde the Quenes minde, ād staie her from all manner of ma­riage, and to entaile the crovvne of the real­me vnto him self, He vvent abovvte to entaile the crovvne of the realme to hym self and the Stewards. tho vvghe he were illegi­timate ād vncapable therof, ād to the name and bloud of the Stevvards. But when he savve and throvvghlie perceaued, and vvell knevve, that the Quene vvas fullie minded and earnestly bēt, ād had novve determined to ioine her self in mariage vvithe the lorde Darley, he practised meanes, by his assistan­ce and procurements, to haue slaine hym & his father, and to haue imprisoned her at lochleuen: And to haue vsurped the gouer­nemente hym self, as he novve dothe. But novve when he sawe this hys intente and purpose disclosed and prevented, and that [Page 36] the solēnization of the mariage was alredie paste, His rebel­liō against the Quen. he shevved him self with his adhe­rents in open felde and in armes, against the Quene hys Maistresse. Where vpon he vvas driven to flie into Englāde. At whiche hys there abode, he instantlie solicited and besowght the Quene of Englande, for aide against his Souereigne, Whiche she worthe­lie denied hym. Then begane he to practise with the Erle Morton by hys lettres and messēgers, abowte the detestable slavvghter of Dauid the Quenes Secretarie. Who by theire mischevouse sleights and craftie per­swasions, enduced the lorde Darley, pro­misinge hym to remove the Quene from the medlinge vvith all politike affaires and actuallie to putt hym in possession of the crowne, and of the rule and gouernemente of the Whole realme: to ioigne vvithe them in this traiterouse conspiracie, His cōspi­racie with them that slevve the Secretarie Dauid. against the Quene, hys most deare and lovinge vvife, and most dreade Sovereigne. Wher vpon the murther was in most horrible & traite­rouse vvise comitted in the Quenes ovvne chamber of presence vpon hym, violentlie plucked from the Quene: she also beinge cruellie minaced and sore threatned ha­vinge also a charged pistilett sett to her [Page] bellye, A char­ged pisty­lett set to the Quēs bellie. she beynge then greate whith chyl­de, and then removed from her pryvie chā ­ber in to an other, where she was kepte as prisoner. The yonge vnexperte and rashe L. Darley, wo beynge blynded whith out­ragyouse ambition, coulde not forsee the deavely she dryfte, of theys craftie mar­chaunts: begane novve, but almoste to late to espie yt, and seynge hym self as nyghe to danger, as was hys vvyfe the Quene, repay­red to her, most humblie askinge her par­don of hys heinouse attēpte. And pytyful­lie crienge ovvte to her, to provide and fyn­de owte some presente waye to preserve them selves bothe. Who by the Quenes po­lytike industrie, Was privelie whithe her self conveyed avvaye ovvte of the rebells daunger. The Quē. by her in­dustrie cō ­veied her self awaye vvith the lorde Dar­ley. And by hym thys wycked dryft, and the drivers and contrivers therof vvere discovered to the Quene. But lo, the next daye after thys slavvghter, the Erle Mur­raye, entred in to Scotlande, and repaired to the Quene vvhith as faire a countenāce, as thovvghe he had bene cleare, asvvell for that facte, as for all other treasons. Wherof the gentle and mercyfull Quene pardoned hym, admyttynge hym againe in to her gra­ces love and favour. Whereat the Lorde [Page 37] Darley muche myslykynge and vehement­lye repynynge, feared least that he wolde be, as he Was in deade, When he savye hys tyme, revenged vpon hym, The cause vvhie the Erle Mur­raie hey­ted the lorde Darley. bycause he vvas of hym detected to the Quene, for beynge one and the cheif of the counsailours, ay­ders and assisters, in the cōspiracie, abovvte the murther of the Secretarie, novve cōmit­ted. Theys and the lyke imaginations so deapelie sancke in to, and pearced the yonge mans harte, that finallie he resolved whith hym self, by one meanes or other, to rydd the Erle Murraye ovvte of the vvaye. Whe­re abovvte he vvente so farre forthe, that he communicated hys purpose to the Quene who dyd most hyghelie myslike, ther with, and moste vehementlie deterred hym from the saide hys intence. Yet did he breake the matter farther, as to certaine other noble men, by vvhome at the last, Yt vvas reveled to the Erle Murraye. Wherefore the Erle dyd continuallie after, beare hym, a deadlie enimitie and hatred. Wher vpon at lengthe all other attempts fallinge him, this exe­crable murther vvas by hym the saide Erle Murraye, and by the Erle Morton fyrst de­vised, and aftervvarde in suche strange and heinouse sorte, as the vvorlde knowethe ād [Page] detesteth, moste horriblie practised and putt in execution. What, paradventure some man wyll saye, of all the men in the worlde, the Erle Murraye ys fartheste of, from all manner of spott and sinister suspition tow­chinge this matter: for he vvas not at the courte vvhen this murther vvas commit­ted: And vvhen the Quenes grace vvas ap­prehended, he vvas ovvte of Scotlande. And vvho did driue ovvte of Scotlande the Erle Bothvvell, but the Erle Murraye? Who ys he that hathe taken so muche paines and trauaile to bovvlt and finde ovvte and exe­cute suche as vvere culpable therein, but the Erle Murraye? In deade for his bodelie presence, at the deade doinge, I vvill no­thinge affirme, he muste yelde the price therof to his hastie companion the Erle Bothevvell. He muste be contended for his share, vvithe the preeminēce and preroga­tiue of his speciall deadlie feade tovvarde the lorde Darley, ād preposterouse pregnāte pollice and vvitt, so closelie, ād so smothelie to conueye and cōpasse yt: And beare owte vvithe so greate countenance so heinouse a facte, ād to revvarde him self for his paines taken therein, vvith the extrusion of his maistresse and Quene, ād intrusion of him [Page 38] felf, thoughe absente, to the regimente and gouernemēt of the whole realme. This, this I saye maye sufficientlie serue him, for the aduancement of his commendation and prayse, and for the signification of his fine politike heade and inuention: I meane, for that before his departure owte of Scotlāde into France vvithe his machiuells practi­zes, he had so conningelie contriued the vvole matter vvithe his faction, that they shoulde procure not onlie the Erle Both­vvell to be acquited of the murther, but for his good seruice to be revvarded, with the Quenes espovvsalls, entendinge by this mi­scheuouse policie, the vtter vndoīge and ouerthrovve, asvvell of him the Erle Bo­thvvell, as of the Quene her self also. There neuer lacked good vvill in them, as yt vvell appearethe, by theire vngraci­ouse doings, to haue longe before ouer­throvvne theire saide maistresse, but there euer lacked apparente matter, to blinde mens eyes vvithall, and to make her odiouse vvith the people. Novve theis vvilie men vvel knevve, that yf they might ones compasse and bringe this mariage thus to passe vvithe the Earle, Whom they intended, then as faste to [Page] blase abrode for the murther by thē comit­ted, as they did suppresse the same before, from theire good ladie and Quene: vntill they had brovvght her to the baite, The cause vvhy the enemies did impu­te the sla­vvghter to the Quene. yt vvol­de seame verie probable, not onlie in the eies and iudgement of the rude and comon people, but also of manie sage, graue, vvise and learned men that she vvas priuie of her husbands deathe. Wherby they might prae­tende one execrable acte againste her that all men wolde deteste and abhorre, to co­lour & cloke theire rebelliouse trecheries. Lucifer him self coulde not haue fetched a finer, and a more mischevouse and deaveli­she fetche, then herein theis mē haue done. As for the Erle Murraie his absence, yt do­the nothinge releaue or excuse him, Yea yt ys singulerlie to be noted and marked, that his verie iourneies, lacke not theire fine fetches to serue his turne. The vvor­kinges of the Erle Murraie ī the time of his absēce. Throwghe his first iorneie into France he Wāne and purchased the highe loue and fauour of his benigne Maistresse. He retornethe ovvte of En­glande at the verie pointe seruinge tvvo turnes at ons, by the one therof to circum­uent his good innocence ladie, thinckinge to make her beleaue, by reason of his ab­sence, that he vvas farre from the societie [Page 39] of that conspiracie: by thother to assiste the better vvith his praesence the confederates, and sodenlie to ioyne vvith them as he did. I graunte that he vvas absente bodelie, at the facte doinge, but yet nothinge vvas done, the vvhiche vvas not by his counsaile or agrement concluded. The vvhiche his deuise vvas so horrible, that yt caused the murther of his Souereignes Secretorie, her imprisonmente by her owne husbāde, that the Quene beinge greate withe childe, was put in suche a feare, as might haue tended to the present daunger of her lief, and of her childe. Yea the vere scope of this deaue­lishe drifte was, eauen to haue ouerthrowne him also vvhome they made theire vnhap­pie and vnluckie instrumente to ouer­throvve and depose his ovvne louinge vvife, and moste dreade Souereigne. Theis misteres full stuffed vvith suche mis­cheuouse purposes, lo, vvrought this Erle, in the time of his absence. Novve yt ys to be considered, that abovvte sixtene howres before the lorde Darley vvas slaine, the better to coulour the matter, he departed from the courte. Abovvte two monethes after [...]e toke his iorneye into France, lea­uinge the Erle Bothevvell, as his moste en­tire [Page] and trustie frende, recommendinge all his causes and affaires to hym before all o­ther. At hys seconde retorne from Frāce, he intrudethe hym self into the Scepter royall vnder the name and shadowe of the yong [...] Prince. The whiche thinge vvas so image­ned, invented, and deuised lōge ere that he departed, and in hys absence, by hys trustye frends remaininge in Scotlāde, according­lie accomplished and executed. The Quene vvas aftervvarde apprehēded and caste into prison at Lochleven. Where hys mother & brother dvvellethe. Vnto the vvhiche For­tresse she shoulde haue bene sente, as we haue saide, at the first cōspiracie of the saide Erle Murraye, yf theire maliciouse minde and intente, had not bene disapointed by the prouidence of god. Novve what serche, when and after vvhat sorte yt vvas made for the saide Erle Bothvvell, vve haue alre­die declared. Yf ye alleage farther and saye, that no man can denie, but that the saide Erle Murraie made also lōge, diligēte, & nar­rowe searche for the murtherers, and did severelie punishe them. To this vve replie ād saie, that he neaded not to travaile muche or farre for the findīge oute of this matter. For he mowght at all times have fovvnde the heades of the conspiratours vpon the [Page 40] Erle Mortōs & his ovvne shulders, Th' Erles Murraie & mortō the heads of the con­spiracie a­gainst the lorde Dar­ley. vve saie farther, that as yt ys a strāge, ād a newe kīde of deuotiō in the Erle Murraye so to quar­rell for lacke of solēnitie, at the buryall of him, for whose saide buriall, he longed and loked for so lōge: So we saie likewise, that yt seamethe Wonderfull to love him so tē ­derlie beinge deceased and deade, Whō he so deaplie hated livinge. And to seake so seriouslie and severelie to punishe the mur­therers of hym, whō he wolde so ofte haue murthered hym self. This geare seamethe to vs poore simple and slender witted men vnlikelie, incredible, and half repugnāte to nature: And what soever the cause be, we be of that minde, that yt ys not like, to ꝓcede of anye feruente zeale or greate affectiō he bearethe to the partie, or to the executiō of Iustice. Ye are, good Reader, desierouse par­aduēture to learne, what other cause there might be, of so strāge dealinge? Well as strā ­ge as yt ys, we lacke not examples of the like craftie and subtile policie, aswell in holie scripture, & in the monumēts of anti­quitie of other cōtrees, as of Englāde, & es­pecialie Scotlāde yt selfe, We finde then in holie scripture, that there was one Onias at Hierusalem the high priest, a man of singu­lier vertue and perfection, and one that [Page] maruelousely tendred God his honour and the honour ād welth of his countrie, There vvas also at the same time one Simō a verie eauell disposed ād vvicked creature, which went abowt certaine naughtie and wicked deuises. Lib. 2 Ma­chab. ca. 3. & 4. But seinge that he cold not achiue his mischeuous purpose, by reasō this bles­sed man Onias stayed, stopped ād p̄uented him, he practiseth this vvicked deuise, he causeth kinge Seleucus to be informed of the greate and inestimable treasure rema­ninge and reposed in the temple at Hieru­salem, vvhere vppon the kinge sent Helio­dorus to fetch awaye by force the said trea­sure. But aftervvarde vvhen this purpos [...] chaunced to be frustrated ād voide, by rea­son that this Heliodorus beinge vvonder­fullie plaged of God vvas cōstrained to for­beare and relinquish this entreprise, and the people beinge vvonderfullie offended, and in a greate rage, to see such a hainous sacri­lege attempted, What doth nowe thinke ye this good and honest man Simon? Surelie he playeth the same part that th'erle Murrie hath plaied vvith his moste gratious Que­ne, openlie charginge the good innocēt O­nias vvith his ovvne shamefull acte, and say­inge that he solicited, ād incensed the kinge [Page 41] to robbe and spoile the Temple. We finde in the cronicles of our realme, Polycroni­cō. Fabiā. The croni­cles in En­gliss, prē ­ted anno 1498. that albeit Vortiger aspiringe to the crowne of the re­alme, actuallie and reallie obtained the same, by the murtheringe of kinge Cōstan­ce, which was not done without hys craftie incensinge and previe consent, yet he pre­tēded outwardlie greate sourowe, weapīge and lamentinge the murther of him, the vvhiche he neuer theles locked for, And vvas the occasion of the same. Hector. Boet. l. 11. As for Scot­lande I reporte me to the tragicall hystorie of kinge Duffus slaine by a noble man na­med Dunvvaldus, vvho was in greate esti­matiō and aucthoritie wth the saide kinge, The Erle of Murra. assēbled to Dūvval­dus that ꝓcured the slawghter of kinge Duffus in Scotlande. vvhen the kinge vvas a bedd, in the Casole, wherof this Dunvvaldus had the keapinge he banketed hys chamberlaines, and so sore oppressed thē, vvith immoderate surfetinge and drinckinge, that vvhen they vvere ons gottē abovvte hyghe midnight to sleape in theire bedds, ye might haue ronge a greate-bell over theire heades, lōge ere they wolde wake. Who beīge in theire deade ād deape sleape, the kinge vvas murthered & slaine, by suche as this noble man had suborned. His deade bodie vvas caried avvaie & bu­ried in a Riuer. The laborers that buried [Page] him were also slaine, that they might tell no tales. In the morninge the kinge vvas mis­singe, his bed vvas fownde [...]mbrevved with bloud, his drovvsie drunken chamberlaines that leaste knevve of the matter, vvere had in greateste suspition, ād With ovvte farther delaye by the sayde Dunvvaldus like a man zealouse to punishe malefactr̄s, vvere slaine and put to deathe. No man beinge farther a greate vvhile from suspition then he: vntill firste his ovvne ouer busie searchīge for the murtherers, ād afterwarde other thīges bre­ade vppon him suche suspition, that he vvas thervpon apprehended, and beinge fownde gwiltie worthelie executed. Idem lib. 16. The like prāke Played Duke Robert, brother to the kinge of Scotlāde, ād gouernour of the realme, of vvhome vve spake before. The like ꝓte played by Duke Robert in Scotlande. He procured the Prince his nephevve to be made avvaye ād murthered: And yet pretendinge him self, as holie as the E. Murraye dothe, to be zealouse in the punishinge of such an heinouse facte, caused certaine innocente ꝑsons to be exe­cuted therefore. We saye then, that the Erle Murrayes doinges ꝓcede not from anie gre­ate care he hathe to the maintenāce of lawe and iustice, vvho ys most culpable him self: But onlie colorablie to cloke and hide his [Page 42] ovvne mischeuouse trecheries, and to turne the blame of the fault from him self vpon his good ladie and Quene, from whose per­son yt ys farthiest, Wherof they them selues gaue in manner plaine testimonie and vvit­nes. For thowghe they had openlie in theire pretensed and disordered parliamente de­tected her therof, yet before the Quene of Englands comissioners, they alleaged other matters, as her voluntarie resignation of her crovvne. &c. The vvhich allegations, when they vvell savve, The Erle Murraye ād his fel­lovves be­ynge driuē from all shiftes at lēgth layd to they­re Quene the deathe of the lor. Darley be­fore the Quene ād consaile of Englāde. vvolde not serue theire tur­ne, and that men did vnderstande, hovve ād after vvhat sorte they had ꝓceaded against her in Scotlāde, they vvere, as yt vvere driuē and forced, beinge excluded from all other apparēte shifts, after seauen or eighe vvekes aduisemēt, after theire first inuectiue, to ob­iecte the saide facte. Wherof the good inno­cent Quene hearinge, and astonied at theire strange and contumeliouse canuasings, and impudēcie in theire doinges, ād beinge sithe her apprehension crediblie enformed ād by apparēcie of matter ād proof therof, lead ād induced to beleaue ād geue creditt, that this vviked entreprise vvas chefelie inuented ād cōpassed by the Er. Murraye ād mortō, made earnest suite by her cōmissioners to her God [Page] sister, our noble Quene to arrest them, that they shoulde not shrincke awaye ād departe vntill they had ansvvered that matter for them selues, which she fullie intēded moste effectuallie to prosequute against them and others. And so did accuse them in deede by her comissioners. And desidered farther, that she might come in her ovvne person before her, and her nobilitie, and the am­bassadours of other contreis there residēte, and goe forevvarde vvith, and prosequute her saide accusation againste them. Wherof they hearīge, they fretted, they fumed, they stamped, they stared, and for a smayl while made muche hott sturre. But vvhē that they had vvell considered and digested the mat­ter, lokinge in theire ovvne brests, they be­came vpon the sodaine so coulde, that they thovvght euerie daye an hūdred, vntill they vvere packinge home, and neauer ceased, alleaginge manye vayne and friuolouse ex­cuses to vrge theire dimission moste impor­tunatelie, vntill they had at the laste obtei­ned theire suite. O that Cassius, Were novve liuinge, that he might laye to the Erle Mur­raye his charge, his accustomed worthie sa­yenge Cui bono? He vvolde tell him that as the Quene by this facte, had no manner of [Page 34] hoped cōmoditie, and ys of ouer good and vertuouse a disposition and nature, in anye respecte of vvorldelie cōmoditie, so to dis­honour her self and state: And eauen as the Erle of Murraye, his birthe and naturall in­clination vvere moste apte and mete to woorke suche neughetie practises: The causes vvhie the Erle Mur­raye wēte abowte, as vvell to make a­vvaye the l. Darley, as to de­pose the Quene. So were there manye occasions also for his parte, suche as he had beste likinge and contenta­tiō of, to the puttinge the same in practise. Amonge other things yt pinchethe him ād all his faction, and greauethe them to the verie harte, to remember the reuocation the Quene had made the Aprill before, of all suche thinges, as do apperteine to the crowne, that had by her self or others in her minoritie, bene alienated: Whiche saide re­uocatiō by an olde lawe and order in Scot­lande, the Princes there maye make before th'accomplishemēt of twentie and fiue yea­res of age. Novve had the Erle Murraye ād his faction, by one meanes or other gotten in to theire hāds ād possessiō, two partes of the yearlie reueneues of the whole crowne. See, se, I praye the good reader, yf this were not the verye vndowbted cause that made him and them so pittifull, ād so tender har­ted tovvarde the lor. Darley beynge deade, [Page] Whose deathe they had so lōge thristed for, and whose life they had by so manie snares, ād mischeuouse vvayes assaulted, and layed vvaite for. Yea there vvas a farther Cui bo­no? then this, they thowght to driue by theire iolye politike practises, all the displeasure and hatred of the facte vppon the Quene: And so for this pretensed mischeuouse fa­cte to driue her from the possession of her crovvne, ād to intrude them selues, by some pretie colorable conueyances, into the sole intermedlinge of all the publike affaires, and to the gouernement of the realme vn­der the title of the good infante the Que­nes sonne, and to assure theire possessions to them selues, at least the space of tvventie and fiue yeares more. But I praye God there be not a farder and a vvorse fetche, then all this comethe to. Well then all theis theire foretolde purposes, hathe the deuell brovv­ght to passe for them eauen accordinge to theire hartes desire. Sauinge that he ow­eth them a shame, and vvill paye yt them vvhen they counte them selues most cocke sure. And beginnethe (as yt seameth alredy full properlie to paye them home everye one daye more then other. For as close, and as secrete, as they hidd and kepte theire do­ings [Page 44] from the vvorlde, especiallie from theire good Quene, vntill they had quitted the Erle Bothvvell, and coupled him most dishonorablie vvith that vpright and vvell meaninge ladie in pretensed mariage, they coulde neuer brīge theire matters to passe: And for all theire vaine bragginge ād ovvt­facinge (as yt were) theire innocent Soue­reigne: theire vvhole vvicked drifte ys de­tected, burste owte, ād come to the certaine knovvledge of noo small nomber of men. Ys yt vnknovven thincke ye the Erle Mur­raye, vvhat the lorde Herris saide to your face opēlie, eauē at your owne table a fevve dayes after the murther vvas cōmitted? Did he not charge you vvith the foreknovv­ledge of the same matter? Did not he Nulla circuitione vsus flatlie and plainelie burden you, that ye ridinge in fiffe and cominge vvith one of your moste assuerid trustie ser­uants the saide daye vvherein you departed from Edenborrowghe, The Erle Murraye declared the daye before, that the l. Dar­ley sh [...]de be slaine. saide to him amōge other talke, this night ere morninge the lorde Darley shall lose his life? Ys yt not full vvell knovven thincke ye, that ye and the Erles Bothvvell, morton, and others assem­bled at the castle of Cragmillar and at o­ther places at diuers times, to consult and [Page] deuise vpon thys mischeif? Diuers as­sembles of the Erle Murraie & his ad­herents to cōsult vpō the slavghter of the l. Darley. Yf neade vvere vve coulde rehearse and recompte to you the vvhole some and trewe effecte of the oration made by the most eloquēte amōge you, to stirre vpp exhorte and enflame your faction then presente, to determine and re­solue them selves, to dispatche and make a hāde vvith the lorde Darley. We cā tell you, that there vvere interchāgeable Indentures made and subscribed by you, that he vvhich had the firste oportunitie offered to make hym avvaye, Indētures made & subscribed for the execution of the saide purpose. shoulde furthvvithe take yt in hande and dispatche hym. We can tell you, and so can five thovvsande & moo of theire owne hearīge, that Iohn̄ Hepborne the Erle Bothwel his servaunte, beinge executed for hys and your traiterouse facte, did openlie saie and testifie as he sholde ansvvere to the contrarie before God, Diuers executed in Scotlād for the saide mur­ther whe­rof none could charg [...] [...] Quene. that you vvere prin­cipall authours, counsailours and assisters, vvith hys maister of this execrable murther, and that hys Maistre so tolde him: And fur­thermore that he him self had sene the In­dentures vve spake of. We can tell you, that Iohn̄ Haie of Galavvaye, that Povvrie, that dovvglishe, and laste of all that Paris all beinge put to deathe for thys crime, toke God to recorde at the time of theyre [Page 45] deathe, that this murther vvas by your counsaile, inuention, and drifte comitted. Who also declared, that they never knevve the Quene to be participante, or avvare therof. Well, vve can farther tell you of the greate goodnes of God, and of the mightie force of the trevvthe. Whereby thovvghe ye haue vvonderfullie turmoyled and tos­sed, thovvghe ye haue racked and put to de­athe as vvell innocents as gvviltie, ād your owne confederates offered manie of them theire pardons, so they vvolde depose a­ny thinge against the Quene: God hathe so vvrovvght, that as for no torments nor faire promises they coulde be brovvght, falselie to diffame their Maistrisse: So vvith­oute any torments at all they haue volunta­rilie purged her, and so laied the burden vpon your necks and shoulders, that ye shall never be able to shake yt of, We cā tell you, that her deare Sister, & our gratiouse Quene, and the worthie nobilitie of Englande, do Well knovve theis your detestable practi­zes, neyther vvill suffer them selves to be spotted with the favoringe and assistinge of your abominable doinges. We can tell you that this good ladie ys vniustlie accused, ād wrongfullie oppressed, as good Susanna [Page] was. We can tell you, that ye altogether re­semble the tvvo olde vvicked gouernours that vvrōgfullye accused her, as an advow­tresse beinge the advouterers them selves, and brovvght her into daunger of present deathe by theire false testimonie (as ye haue done withe your vvell intendinge Quene) for that she vvolde not consente and yelde to the olde lustie lecherouse Rebelles. We can tell you, that yf you do not the soner re­pēte, ye see by example of them, What your revvarde shalbe, And that in the meane while God hathe as wonderfullie delivered owte of your handes this our innocēte Su­sanna, as ever he did the other from them. For thovvghe she vvere kept straight, in a strōge fortresse and castle vvith vvatche ād vvarde in suche sorte, that none of her vvell willers and Frendes, no not so muche as the Frenche kinges or our maistresse her moste deare sisters ambassadours, might be suffred to come at, The Que­ne in a manuer miraculouslie delivered out of lochleven [...]rison. or to speake with her. Thovvgh she vvere daile gvvarded withe greate nomber, thovvghe the gates vvere euery eaveninge suerlie and customablie locked, and the keies therof vvere continuallie night by night delivered to the lorde of the saide castle. Thowghe the botes were conti­ [...]uallie fastened ād locked vppe. Yet god so [Page 46] vvrowght, that the keies of the saide castle were in the saide lords verie presence takē avvaye, by a poore orphan simple boye, beinge not yet eightene yeares olde, bredd alwayes & browght vppe ī the same howse. Whiche feate by hym Wrovvght, ād a tokē or significatiō geaven therof to the Quene, she departed ovvte of her prisō hovvse, into the courte therof at seaven of the clocke at night, vpon the seconde daye of Maye: And so passinge, vvente to the saide gates, vnlocked and opened by the saide orphan boye, Who takinge bote also rowed her, & her waitinge maide vvith all, vvith muche a doo over the vvater, vvho havinge nowe passed the vvater vvas on the other side re­ceaued by certaine gentlemen, ād by them cōveied & cōducted to Hamiltō: where she before her nobilitie revoked, annichilated & made voide all that she did ī prisō before, with solemne ꝓtestation vpō her othe, that she vvas violentlie forced therto, ād putt in iuste feare of the losse of her life. After this yt pleased god to putt her in mīde, to tacke her iourney into Englande, aswell for the speciall and singuler truste she hathe in her deare Sister, & her cōfortable ꝓmises to her before her cominge by messēgers, letres & [Page] tokens, sente from her, bothe confortinge and promisinge her (oportunitie seruinge) all conueniente succour and helpe, as that we Englishemen (whiche muste neades ho­nour and reuerēce her, Who ys of the nexte Royall bloudd and trevve heire apparente of the crovvne of this realme of Englande) shoulde throvvghelie knowe, and fullie vn­derstande, to our greate comforte, her pu­renes, integritie, and innocēcie in the mat­ter, vnder pretence vvherof, her traitours and rebelliouse subiects, thereby to accom­plishe theire seditiouse ād ambitiouse minds and purposes, haue molested, vexed and dis­quieted her in māner a foresaide. And nowe at the laste kepethe her, not onlie from her crowne ād realme, but from all whatsoeuer either her priuate or other goods, as vnwil­linge that she shoulde either kepe the state ād porte of a Prince, or any other meaner estate vvhatsoeuer. Neither hathe it altoge­ther fallen ovvte cōtrarie to her expectatiō and desire. For the nobles of Englande, that vvere appointed by the Quene to heare ād examine all suche matters, as the rebelles shoulde laye againste the Quene, haue not onelie fownde the saide Quene innocente, ād gvviltlesse of the deathe of her husbāde, [Page 47] but do vvithall fullie vnderstande, that her accusers, Were the verie cōtriuers, deuisers, practitioners ād vvorkers of the saide mur­ther: ād haue farther also so muche encrea­sed, ād in suche Wise renued the good esti­mation, and greate hope they alvvayes had of her, novve ꝑfectlie knowinge her inno­cencie, and therto moued throvvghe other princelie qualities resplendente in her, with many Wherof she ys muche adorned, The com­missioners appointed in Englād to hear the Quene of Scotts matters, vvell liked of her saide innocēcie, and of her title to the successiō of the crovv­ne. ād sin­gulerlie endevved, that they haue in moste earnest vvise solicited ād ētreated the Que­ne of Englād, to geue her aide ād strengthe, vvhereby she maye be restored againe to her honour ād crovvne. They haue moued the saide Quene of Scotlande also, that yt maye please her to accepte and like of the most noblest man of all Englāde, betvvene vvhom ād her there might be a mariage cō ­cluded, to the quietinge and comforte of bothe the realmes of Englande and Scot­lāde. Finallie the noble men of this our re­alme, acknovvledge ād accepte her, for the verye true and rigthe heire apparēte of this realme of Englande, beinge fullie minded ād alvvayes readie, if God call to his mercie the Quene that novve ys, then to receaue and serue her as theire vndovvbted Quene, Maistresse ād Souereigne, Wherby yt maye [Page] easelie appeare, hovve Well they like of her cause, that had the hearinge and triall of the same, allthovvghe she never as yet came in theire presence. Theis thinges novve and manie other whiche for the eschewinge of prolixitie, we forebeare to enlarge our trea­tise vith, maie be alleaged for the defēce of the Quenes integritie, and for the vpright­nes of her cause, the vvhiche I vvolde vvishe you the Erles Murraye and Morton, vvithe your allied confederates, before all other most deapelie and by times to vveighe and consider accordingelie, as the vveight and greatnes of the cause, An ex­hortatiō of the Erles Murrayē & mortō & others to reconsi­le thēsel­ves to the Quene. as your owne sauftie, vvith the wealthe & honour of your natiue cōtrey do require. I am not ignorante, that the matter ys gone verie farre vvith you, & that many impedimēts do concurre, to with dravve you, to seake that remedie for the reformation of things paste, vvhiche ys the beste and th' onelie remedie: But suerlie vvhen ye have fullie vveied all things on everie side accordingelie, ye shall finde no sure and sovvnde remedie, but in makinge a true, a sincere and an vnfained humble submission to your, gratiouse Quene, vvhō ye haue so greavouselie offended and mo­lested. Let not the greatnes or nomber of [Page 48] your treasons wrovvght against bothe your Quene and cuntrey: Let not any vaine false imagined opiniō either of the worlde, or of your vtter ouerthrovve, by reason of anie suche fonde presumption of your pre­sente highe estate, of your greate povver force and strengthe, Let no vaine expecta­tiō of externall succours staie or stoppe you from so necessarie a devvtie, and so comen­dable before God and the worlde. Ye best knovve that amonge all the princelie orna­mētes and vertues in your Quene, her mer­cie and clemencie are singuler and peereles­se. The Que­ne of Scotts full of mercie. She seamethe vvell to haue learned that lesson of the ghospell. Yf thy brother do offende the forgeve him not onelie, seaven times, but seventie times seaven times. She vvill not onelie forgeve, but forgett also. She neither ys ignorante in vvhat state her realme standethe in, nor that extreame severitie, from the whiche she naturallie abhorrethe, ys not of all other times nowe against suche, as vvill imbrace mercie offe­red them to be shevved and practised. She vvill rather like the lawe of [...] obliviō ād forgetfulnes, so muche of the olde Wri­ters comended. The greate benefitt wherof ye haue so often, ād so abōdantlie receaved [Page] at her hands. And therefore ye neade the lesse to feare the discontinuance of your highe and honorable estate and condition. As for shame yt stādeth in the euill doinge yt self, and not in the amendinge and refor­minge of yll deeds, vvhiche amendemente and reformation, yf ye ernestlie and trevv­lie minde, yt vvilbe to the greate contenta­tion of your most gratiouse Quene, and of all her louinge subiects. And in so doinge you shall bothe highelie auance your ho­norable estate and estimation, ād make her a good amends for that, vvhich ys paste, ād can not be reuoked. But on the other side, yf ye geue ouer and refuse this occasion novve presente, and goo forevvarde vvith your rebelliouse entreprises and attemptes, mindinge to abide and trie the vttermoste, ye moste vvilfullie cut avvaye and exclude from your self all good hope of mercie and pardon, and take a vvronge vvaye for your ovvne sauftie and preseruation. For your cause ys navvght, and so ye vvell knovve yt to be. And therefore can ye not loke to haue and obtaine a good prosperouse suc­cesse and ende therof. Well ye maye, as hi­therto ye haue done, tosse, turmoile ād tum­ble all things vpside dovvnevvards for a [Page 49] vvhile: But be ye assured that gods hande Will fall ād light the heuier, ād With a grea­ter paise vpō you at the lengthe therefore. Yt ys easie to be seen by the course of all times, The ende of rebelles euer vn­happie. as vvell by your ovvne verye histo­ries at home, as by the cronicles of all other nations abrode, to vvhat ende commonlie suche seditiouse conspiracies and treasons do come to: that ys to the vtter ouerthrowe and confusion for euer of theis ꝑsons that vvorke, attempt, practise, or mainteine the same. They seame for a vvhile to beare gre­ate svvaye, and all the vvorlde for a vvhile to rūne vvith them. But in the ende they fayle and are cleane geauē ouer. What mer­uaile were yt yf a hovvse shoulde not longe continevve, that ys builded but vpon a yel­dinde sandie grovvnde? Ye haue builded ād fovvnded all your doinges vpō vntrue and lienge slaunders and treacherouse treasons, agaīst your dreade Souereigne. The sincere veritie vverof vve haue herein trevvlie do­clared. The vvhiche beinge ons throvvgh­lie detected, ād euidētly knovven to suche, as ye haue in Scotlande craftelie abused ād shamefullie circumuēted (as suerlie yt dailie burstethe ovvte more and more) ye shall se your self sodenlie lefte naked, ād quite for­saken, [Page] eauen of those, vvho haue bene your greattest assisters, aiders, and furtherers. For as the olde prouerbe ys, truthe ys the Davvghter of time. And as ye shalbe lefte alone at home, so can ye not loke fo maintenance and vpbearinge of for­raine Princes. They vvill not defyle them selues, and theire honorable vo­cation, vvithe helpinge so fovvle a cause, and so daungerouse and perillouse a matter, that maye tende to the moles­tation and hurte, not onlie of theire ovvne state, but of the states of all kinges christened. Other Prī ­ces vvill not suffer the Quene of Scottes to be iniu­ried by her subiectes. Naye ye muste ra­ther thincke, that other Princes vvill iudge and take yt to tovvche them to nighe, to suffer suche a villainie to passe and escape vnreuenged, and so good a ladye to be lefte destitute and deso­late. The emperour vvill not beare yt: France vvill not beare yt, Spaine vvill not beare yt: And especiallie our noble Quene of Englande vvith her vvorthie nobilitie vvill not beare or suffer suche outragiouse dealinges, against her next louinge neighbour, and deare sister, yea againste the heire apparenre of this most noble realme. Albe yt that ye vvithe [Page 50] your surmised lies, the better to mainteine your vsurped and nevve erected kinge­dome, make her to be in feare of her ovvne state in case she shoulde restore the saide innocente Quene to her crowne agayne.

THE greate providen­ce (good Reader) of the eternall God, who of nothinge created al thinges, did not onlie create the same by his ineffable povver, but by the same power gaue a speciall gifte and grace also to euerie livinge thinge, to cōtinevve, to renevve, and to preserue eche hys ovvne kinde: But in this consideration the condition of man amōge and aboue all earthlie thinges hathe his peerlesse prero­gatiue of vvitt and reason, Man only hath the p̄rogatiue of witt & reasō amō ­ge all ear­thely crea­tures. vvhere vvithe he onlie ys of God gratiouslye endewed and adorned: By the which he dothe ꝓvide not onlie for hys praesente necessitie and save­garde (as do also naturalie after theire sorte all beastes & all other lyuīge thynges voide of reason) but also by pregnancie of wytt, [Page 51] and reasonable discourse, doth longe afore foresee the dangerouse perilles that manie yeares after maye happē, either to him self, or to hys contrey: And then by diligence and carefull provision dothe inuente apte and mete remedies, for the eschevvinge of suche mischeives, as might ovvtragiously aftervvarde occurre. And the greater the feare ys of greater mischeif, the greater, the deaper and the spedier care ys vvonte to be taken, Men are moste boūde to the p̄seruation of theire contrey. to praevente and cutt of the same. Yt ys also moste certaine by the confession of all the vvorlde, that this care ys principallie devve, by eche man that hathe oportunitie to do good therein to hys Prince, hys cōtry and to the comon vveale and good quiet of the cuntrey, for the continuance and happie praeseruation of the same. To the praeserua­tion vvherof, as there are manie partes and branches belonginge, so one principall parte ys for subiectes lovinglie ād reverēt­lie, to honour, A greate cōmoditye to the co­mō vveal­the to kno­vve the heire ap­parente. dreade, and obedientlie to serue theire Sovereigne, that chauncethe presentlie to rule and governe. The next to foreknovve, to vvhom they shoulde beare theire alleageāce, after the decesse of theirefore saide Prince and gouernour. Whiche beinge ons certaine and assuredly knowen, [Page] as yt procureth vvhen the time requirethe readie and seruiceable obediēce, vvithe the greate comforte and vniuersall reste and quietnes of the subiects: So vvhere, for the saide successour there vs amonge them dis­corde and diuersity of iudgemētes: the mat­ter grovvethe to faction, and from faction to plaine hostilitie, and from hostilitie to the danger of many mens liues: And many times to the vtter euersion of the vvhole state. For the better auoidinge of suche and the like inconueniances (albe it at the begi­ninge princes reigned not by discente of bloude and succession, but by choice and election of the worthieste) the vvorlde was for the most parte cōstrained to repudiate election, and so often times for the better and the vvorthier to take a certaine issewe and offspringe of some one onlie person thowghe otherwise ꝑchaunce not so mete. Vvhy all the world almost embrace suc­cession of Prīces, ra­ther then election. Whiche defecte ys so supplied partelie by the greate benefitte of the vniuersall rest ād quietnes that the people enioye therby, and partelie by the graue and sage coun­sailours assistinge to princes: that the whole worlde in a manner theis manie thowsan­de yeares hathe embraced succession by bloudd, rather then election. And politike [Page 52] Prinees vvhiche haue had no children of theire owne to succede them, haue had ever a speciall care and foresight therof for avoidinge of ciuill dissention. So that the peo­ple might alwaies cheifely, Where there ap­peared any likelihodd of varietie of opi­nions or factions to ensewe abovvte the trevve and lavvfull succession in gouerne­ment, forknoue the trevve and certaine heire apparente. This care and foresight dothe manifestlie appeare to haue bene not onlie in many Princes of forraine con­treies, but also of this realme, aswell before the time of the conquest, as also after, na­mely in kinge Edvvarde the confessour, in declaringe and appointinge Eadgare Athe­linge his nephevves sonne his heire, Floreshist. an. 1057. as also in kinge richarde the first vvho before he interprised his iorney to Hierusalem (vvhe­re for his chiualrie he atchiued highe ho­nour) declared by consente of his nobili­tie and commons, Richardus canonicus sāctae trin. Lōd. stores histo. anno 1190. Po­lid. lib. 14. Arthur sonne of his bro­ther Duke of Britāne his next heire in suc­cession of the crowne. Of the which Ar­thur as also of the saide Eadgare athelinge, vve vvill speake more hereafter. This care also had kinge Richarde the seconde vvhat [Page] time by authoritie of parliamente, he de­clared the lorde Edmonde Mortimer that maried Philippe davvghter and heire to his vncle Leonell Duke of Clarence heire apparente. Polid. lib. 20. And to discende to later times, our late noble Souereigne kinge Henrye the eyght shevved his prudente and zelous care in this behalf before his laste noble viage into France: Whose davvghter our moste dreade Souereigne Elizabeth dothe and hathe sitt in the royall seate vvith suche peace, quietnes, and tranquilitie amōge all her subiects hitherto, that vve haue greate cavvse to rēder to God almighty our moste hartie thancks for the same: And to craue of him like continuance, vvherof the sin­guler fruite & benefitt, as lōge as it shall ple­ase God to preserue her to vs: Whiche vve moste humble suppliātes desier of him for manie yeares, vvith some happie issevve frō her grace (yf it be his blessed vvill) vve hope most fortunatelie to enioye. But yf God sholde (as vve be all aswell Princes as others subiecte to mortall chaunces) once bereaue vs of our gratiouse Prince, the harts ād iud­gemēts of men beinge no better, nor more firmelie setled and fixed tovvards the expe­ctation of a certaine succession, then they [Page 53] seame novve to be: then vvo and alas: Yt yr­kethe my verie harte, eauen ons to thincke vpon the imminēte and almost the ineuita­ble danger of this our noble realme, beinge like to be ouervvhelmed vvith the raginge and roringe vvaues of mutuall discorde, ād to be consumed with the terrible fier of ci­uill dissention. The feare vvherof ys the more, by reason alredie in theis late yeares, some flames therof haue sparkeled and flus­shed abrode, and some parte of the rage of the saide fluddes haue alredie beaten vpon the banckes. I meane the hott contention that hathe bene therin in so manie places, and amonge so manie persons: of bookes also, that haue bene spredd abrode, and dai­lie are spredd, beinge framed affectionate­lie, ād sovvndinge according to the sinister opinion of euerie mans priuate appetite. Seinge therefore that there ys iuste cause of feare and of greate dāger likelie to hap­pen by this varietie of mens iudgements so diuerselie affected, as vvell of meane men as of greate ꝑsonnages: I take yt the parte of euerie trevve englisheman to labour and trauaile eache man for his possibilitie, and for suche talente as God hathe geauen him to helpe in conueniēt time for the preuen­tinge [Page] of the imminent danger: We knovve what witt, vvhat pollicie, what paines, vvhat charges men imploye to prouide, that the Themmes or sea do not ouerflovve suche places as be most subiecte to danger: We knovve vvhat politicke prouision ys made in manie good cities and townes, bothe to foresee that by negligence there rise no dangerouse fiers, and yf they chaunce, vvith all diligence to represse the rage therof. Wherin amōge other hys prudente doings, Augustus the Emperour, ys commended for appointinge at Rome seaven com­panies ordinarilie to watche the Citie, for the purpose afore saide: Whervnto he was enduced by reason the citie was in one daie in seaven severall places sett on fier. And shall not we euery man for hys parte and vocation haue as vigilante care and respecte, to the extinguisshinge of this fier alredie spronge owte, that maye (yf the matter be not wiselie foreseen) destroie, subverte and consume, not one citie only, but importe an vniuersall cala­mitie and destruction? Whiche to represse one redie and good waye seamethe vnto me, yf men maye knowe and be throvvglie persvvaded, in what person the right of the [Page 54] succession of the crowne of this our realme doth stande and remaine. For nowe many men throwghe ignorance of the saide right and title, and also the same beinge depra­ved by certaine sinister perswasiōs in some bookes, wher vnto they have to lightlie geaven creditt, be caryed awaye from the right opinion and good harte, that they otherwise Wolde and shoulde haue. The which kinde of men I do hartelie wishe from theire saide corrupte iudgement to be remoued: And shall in thys treatise do my beste endevour to remoue, not praesu­minge vpon my self, that I am any thin­ge better able then others this to do, (for I knowe my owne infirmitie) But beinge gladd and willinge to imparte vnto others suche motiues (as vpon the readinge of suche bookes) as of late haue bene sett forthe by the aduersaries, and after the dili­gente weienge of diuers Arguments to the contrarie, seame vnto me sufficiente to sa­tiffie any honest and indifferent man, that ys not obstinatlie bente to his owne Wilfull affections, or to some other sinis­ter meaninge and dealinge. We saye then and affirme that the right heire [Page] and Successor apparente vnto the crowne of this realme of Englande next after our Sovereigne Ladie Quene Elizabethe and her issue, ys suche a one as for the excellēte giftes of God and nature in her most prin­celie appearinge, ys vvorthie to inherite ei­ther this noble realme, or any other, be yt of muche more dignitie and worthines. But nowe I claime nothinge for the vvorthines of the person, whiche God forbidd shoulde be any thinge preiudiciall to the iuste title of others: yf moste open and manifeste right, Iustice, and title do not cōcurre with the worthines of the person: Then lett the praise and Worthines remaine where yt ys, And the right Where God and the lavve hathe placed yt. But seinge God, nature and the lavve dothe call the person to this ex­pectation, whose intereste and claime I do novve prosequute (I meane the right excel­lente Ladie, The Que­ne of Scots is the right heire apparēte to the crovvne of Englande. Ladie Marie Quene of Scot­lande) I hope that when her right and iuste title shall be throwghlie harde and consi­dered by the indifferente Reader, yf he be persvvaded alredie for her right, he shall be more firmelie setled in his trevve and good opinion, and that the other parties [Page 55] beinge of a contrarie minde shall finde good cavvses and grovvndes, to remoue them from the same, and to geaue ouer and yelde to the trevvthe. Her graces title then (yf God call our Souereigne ovvte of this transitorie life, hauinge no issue of her maiesties bodye) as yt ys moste open and euidende, so yt ys moste conformable, to the lavve of God, of na­ture, and of this realme: And conse­quentlie in a manner of all other real­mes in the vvorlde, as grovvinge by the neareste proximitie of the royall bloude. She ys a kinges and a Quenes davvgh­ter, her self a Quene, Davvghter to the late kinge Iames of Scotlande sonne to ladie Margarett the eldest sister to our late Souereigne kinge Henrie the eight. Whose Davvghter also the ladie Lenoux ys, but by a later husbande. The ladie Frances late vvyfe to Henry Marques dor­sett aftervvarde Duke of Suffoocke: And the ladie Elenour late vvyfe to the Erle of Cumberlande, and theire progenye procedethe from the ladie Marie dowa­ger of France yongest sister of the saide kinge Henrie, late vvife to Charles Bran­don Duke of Suffolke. I might here fetche [Page] forthe olde farne dayes. I might reache backe to the noble and vvorthie kinges longe before the conqueste, of vvhose royall bloude she ys discended, vvhiche ys no parte of our purpose, neither dothe enforce her title more then to proue her no stranger vvithin this realme. But the argumentes and proufes which vve meane to alleage and bringe forthe for the con­firmation of her right and title in succes­sion, (as heire apparente) to the crovvne of Englande, are gathered and grovvnded vpon the lavves of God and nature, and not onlie receaued in the ciuill pollicies of other nations, but also in the olde lawes and customes of our ovvne contrey, by reason approued, and by vse and longe con­continevvance of time obserued, from the firste constitution of this realme in politi­call order vnto this presente daye. And yet for all that, hathe yt bene ād yet ys by some men attempted, artificiallie to obiecte and caste manie mistie darke clovvdes before mēnes eyes, to kepe from them (yf yt maye be) the cleare light of the saide iuste title, the vvhiche they vvolde extingvvishe, or at the leaste blemishe withe some obscure sha­dovve of lavve. But in deede against the [Page 56] lavve, and vvith the shadovve of parliamēts: But in deede against the trewe meaninge of the pliamētes. And albe it, yt were inowghe for vs (our cawse beinge so firmelie ād suer­lie established vpō all good reason ād lawe) to stande at defence and onlie to auoide (as easelie vve maye) theire obiections, Whiche principallie and cheifelie are grovvnded v­pon the common lawes and statutes of this realme: yet for the betteringe ād strengthe­ninge of the same, vve shall laye forthe son­drie greate ād inuincible reasons cōioyned vvithe good and sufficiēt aucthoritie of the lawe, so approued and cōfirmed that the ad­uersaries shall neuer be able iustlie to impu­gne them. And so that vve truste, after the readinge of this our treatise, ād the effectes of the same vvell digested no manner of scruple owght to remaine in any indiferent mans harte concerninge her right and title. Whose expectatiō ād cōscience althovvghe we truste fullie in this discourse to satisfie, ād doubte nothinge in the vvorlde of the rightfulnes of our cause: Yet must we nedes cōfesse the māner ād forme to ētreate ther­of, to be full of difficultie ād ꝑplexitie. For suche causes of Princes, as they be seldome and rare, so ys yt more rare and stange to [Page] finde them discoursed discussed and deter­mined by any lawe or statute. Albe it nowe and then some statutes tende that vvaye. Neither do our lavves not the corps of the Romaine and ciuill lavve lightlie medle With the princely gouernemente, but vvith priuate mens causes. And yet this not with­standinge for the better iustifiengè of our cavvse, albe yt I denye not, but that by the cōmon lavve yt muste be knovven vvho ovvght to haue the crovvne: And that the cōmon lavve muste discerne the right as­well of the crowne as of subiects: Yet I saye that there ys a greate difference betvvene the kinges right ād the right of others. And that the title of the crovvne of this realme ys not subiecte to the rules and principles of the cōmon lavve of this realme as to be ruled and tried after suche order and course as the inheritance of priuate personnes ys by the same. The cōmō lavve of this real­me ys ra­ther groū ­ded vpon a generall custome then any lawe written. For the prouf wherof let vs consider What the comon lavve of this re­realme ys, and howe the rules therof be grownded, and do take place. Yt ys verie manifeste and plaine, that the comon lawe of this realme of Englande, ys no lawe Writtē, but grovvnded onlie vppō a cōmon and generall custome throvvghe ovvte the [Page 57] vvhole realme as apparethe by the treatise of the aunciente and famous vvriter vpon the lavves of the realme named RANVL­PHVS DE GLANVILLA. In ꝓlogo suo e [...]sdē libri fol. 1. & 2. Who wrote in the time of the noble kinge Henrie the secōde, De dicto Ranulpbo Glanuilla vide Ge­raldū Cā ­brēsem in Topogra. de vvallia. of the lavve and custome of the re­alme of englande: Beinge then and also in the time of the reigne of kinge Richarde the first, the cheif counsailler and iustice of the same kinge. And also by the famous Iu­stice Fortescue in his booke which he wrote beinge Chancellour of Englande, Fortescue de laud le­gum An­gliae. ca. 17 De laudi­bus legum Angliae. And by 33, H. 6: 51. and by 8. E. 4. 19. Which custome by vsage and cōti­nuall practise heretofore had in the kinges covvrtes vvithin this realme ys onlie kno­vven and mainteined: 8. E. 4, 19, 33. H. 6, 51 pīsōs prin­te. Wherein we seame muche agreable to the olde lacedemoniās, vvho manie hundred yeares past, most po­litikelie and famouselie gouerned theire common vvealthe vvith lawe vnvvritten. Iusti. de iure natu­ral. gent & ciuil 55. ex non script. Whereas amonge the Athenienses, the writ­ten lavves beare all the svvaye. This thinge beinge so trevve, that vvithe any reason or good authoritie yt can not be denied: then vve are farther to consider vvhether the kinges title to the crovvne can be exami­ned, tried, ād ordered by this common cus­tome [Page] or no. Yf ye saie yt maye, then muste ye prove by some recorde that yt hathe bene so vsed. Othervvise ye onlie saie yt & nothinge at all prove yt. For nothinge can be sa [...]ed by lavve to be subiecte to any custome, vnlesse the same hathe bene vsed accordinglie, and by force of the same cus­tome I am Well assured, that you are not able to proue the vsage and practise therof by any recorde ī any of the kinges cowrtes. Yea I vvill farther saie vnto you and also proue yt, that there ys no one rule generall or speciall of the cōmon lawe of this real­me, The aduersaries haue shevved no rule of the cōmon lawe that bindethe the crovv­ne. Which ye either haue shewed or can shevve, that hathe bene taken by anye iuste construction, to extende vnto or binde the kinge or his crowne. I Will not denie, but that to declare and sett forthe the praeroga­tiue and Iurisdiction of the kinge ye maye shevve manie rules of the lawe: But to bin­de him (as I haue saide) ye can shevve none. Ye saie in your booke that yt ys a maxime in our lawe moste manifeste, that Who so ever ys borne ovvte of Englande, and of fa­ther and mother not beinge of the obediē ­ce of the kinge of Englande, can not be ca­pable to inherite any thinge in England. Whiche rule beinge generall withowte any [Page 58] Wordes of exceptio▪ ye also saie, muste neds extende vnto the crovvne. What you meane by your lavve, I knovve not. But yf you meane (as I thincke you do) the common lawe of Englāde: I ansuere there ys no suche maxime in the cōmon lavve of this realme of Englande, as hereafter I shall manifestlie prove. But yf yt vvere for arguments sake admitted for this time that yt be a maxime, or generall rule of the cōmon lavve of En­glande, yet to saie that yt ys so generall, as that no exceptiō cā be takē agaīst the same rule, ye shevve your self either ignorance, or elseverie carelesse of your credit: For it doth plainlie appeare by the statute of 25. E. 3. 25. E. 3. (beinge a declaratiō of that rule of the lawe which I suppose ye meane) terminge yt a maxime, that that rule extendethe not vnto the kinges children. Whereby yt moste eui­dētlie appearethe, that yt extēdeth not ge­nerallie to all: And yf yt extēde not to bīde the kinges children in respecte of any inhe­ritance descēded vnto thē frō any of theire ancetours, yt ys an argumēte a forttori, that yt dothe not extēde to bīde the kīge or his crowne. 5, E. 3, tit Ayle 13. E. 3, tit lettre 31, E. 3, tit tit. Coson 42. E. 3, fo. 2, 22. H. 6 fol. 43, 11. H. 4. fo. 23 & 25. litle­tō cap. vi­lenag. And for a ful & shorte answere to your authorities sett forthe ī your marginall notes as 5. E. 3. tit. Aile 13. E. 3. tit lr̄e 31. E. 3. [Page] Coson 42. Edw. 3. fol. 2, 22. H. 6. fol. 42, 11. H. 4. fol. 23. & 24. litlet. ca. vilenag. Yt maye plainlie appeare vnto all that vvill reade ād peruse thoses bookes, that there ys none of them all that dothe so muche as with a pee­ce of a worde or by any colour or shadowe seame to intēde, that the title of the crowne ys bovvnde by that your supposed generall rule or maxime. For euerie one of the saide cases argued and noted in the saide booke, are oneli concerninge the dishabilitie of an alien borne and not denisen, to demaunde any landes by the lawes of the realme by su­yte and action onlie, as a subiecte vnder the kinge, The aduersaries case ꝑteinethe to subiectes onlye. and nothinge tovvchinge any disha­bilitie to be layed to the kinge him self or to his subiectes. Is there any controuersie a­bovvte the title of the crowne by reason of any suche dishabilitie towched in any of theis bookes? No verelie not one vvorde I dare boldlie saye, as maye most manifestlie appeare to them that vvill reade and pervse those bookes. And yet ye are not ashamed to note them as sufficiente auctorities for the maintenance of your evill purpose and intente. But as ye vvolde seame to vnder stande, that your rule of dishabilitie ys a ge­nerall maxime of the lawe, so me thincketh [Page 59] ye shoulde not be ignorante, No maxi­me of the lawe bin­dethe the [...]rovvne, vnles the crovvne specially be named. that yt ys also as generall, yea a more generall rule ād ma­xime of the lawe, that no maxime or rule in the lavve can extende to binde the kinge or the crovvne, vnlesse the same be speciallie mentioned therein, as maye appeare by di­uers principles and rules of the lawe, which be as generall as is your sayed supposed ma­xime, ād yet neither the kīge nor the crowne is by any of them bownde. As for exāple, yt ys very plaine that the rule of the tenante by the curtesie ys generall vvithovvte any exception at all. And yet the same bindethe 1 not the crovvne, Of the te­nante by the curte­sie. neither dooth extende to geue any benefitt to him that shall marye the Quene of englande. As yt vvas plainlie agreed by all the lavviers of this realme, vvhen kinge Phillippe vvas maried vnto Quene Marie, Althovvghe for the more su­ertie and plaine declaration of the intentes of kinge Philippe and Quene Marie, and of all the states of this realme, yt vvas enacted, that kinge Philippe shoulde not claime any title to be tenante by the curtesie. Yt ys also a generall rule, that yf a man die seased of landes in fee simple vvithe ovvte issevve male, hauinge diuers davvghters: the lande shall be equallie deuised amōge the dawgh­ters. [Page] 2 Whiche rule the learned men in the lavves of this realme agreed vpō in the life of the late noble Prince Edvvarde, Nor that the landes shalbe de­uided a­mōges the doughters and also euerie reasonable man knowethe by vsage, taketh no place in successiō of the crowne, for there the eldeste enioieth all, as thowghe 3 she vvere issevve male. Likevvise yt ys a ge­nerall rule that the wife after the decease of her husbande shalbe indevved and haue the thirde parte of the beste possession of her husbande, Nor the Wife shall haue the thirde ꝑte. and yet yt ys verie clere that the Quene shall not haue the thirde parte of the lādes belogīge to the crowne as appearethe in 5, E. 3, 5, E. 3, tit. praerogat. 20, 21. E. 3, fo 13. 9. H. 6., f. 12 & 52. 28. H. 6, fo. 15. Red. prīte. tit praerogat. 21: E. 3: 9 & 28. H 6. ād diuers other bookes. Besids that the rule of Nor the rule of pos­sess. fratris &c. Possessio fratris, beīge gn̄rall, Neither hathe bene or cā be stretched to the inheritāce of the croune, for the brother of the half bloud shall succede ād not the sister of the vvhole 4 bloud, as maye appeare by Iustice Moile, ād 34 H 6. 58. Red. printe. maie be ꝓued by kinge Etheldred brother ād successor to kinge Edwarde the Martyr, and by kinge Edvvarde the confessour bro­ther to Kinge Edmūde, ād diuers others who succeded in the crovvne of Englāde, beinge but of the halfe bloud. As vvas also the late Quene Marie, ād ys at this present our gra­tious Souereigne Elizabethe. Who bothe [Page 60] in all recordes of our lavve vvherin theire seuerall rightes and titles to the crovvne are pleaded (as by daylie experience asvvell in the exchequer, al also in all other covvr­tes ys manifeste) do make theire conuei­ance as heires in bloude the one to the o­ther, vvhiche yf they vvere cōmon or pri­uate persones they coulde not be al­lovved in lavve, they (as ys vvell knowen) beinge of the half bloude one to the o­ther, Nor that the execu­tour shall haue the goodes and chatelle of the testa­tour. that ys to vvitt, begotten of one father but borne of sondrie mothers. Yt ys also a generall rule in the lavve, that the exe­cutours shall haue the goodes ād chattelles of the testatour and not the heire, ād yet ys yt othervvise in the case of the crovvne, for there the successor shall haue them and not the executour, as appearethe in 7, H. 4, by Gascoine. 7 H. 4. fo. 43, 11 H. 4, 9. Yt ys likevvise a generall rule, that a man Attainted of felonie or trea­son, his heire throwghe the corruption of bloude, Nor that a traitour is vnhable to take land, by discēt & withoute pardon. vvithoute pardon and restitutiō of bloude, ys vnable to take any landes by discente. Which rule althowghe yt be gene­rall, yet yt extendethe not to the discente or succession of the crovvne, althovvghe the same Attainder were by acte of ꝑliamēte as maie appeare by the Attainder of Richarde [Page] Duke of yorke and kinge Edvvarde his sonne, and also of kinge Henrie the sea­uēthe, whoe were attainted by acte of par­liamente, and never restored, and yet no dishabilitie thereby vnto Edvvarde the fovvrethe, nor vnto Henry the seaventhe to receave the crovvne by lavvfull successi­on. But to thys you wolde seame to ansvve­re in your saide booke, saienge that Henry the seaventhe not vvithstandinge hys At­tainder came to the crowne, as cast vpon him by the order of the lawe. For as muche that vvhen the crovvne vvas caste vpō him, that dishabilitie ceased. Wherein ye confes­se directlie, that the Attainder ys no disha­bilitie at all to the successiō of the crovvne. For althovvghe no dishabilitie can be allea­ged in him that hathe the crovvne in pos­session, yet yf there vvere any dishabilitie in him before to receaue and take the same by lavvfull succession, then muste ye saie that he vvas not lavvfull kinge but an vsur­per. And therefore in confessinge Henrye the seaventhe to be a lavvfull kinge, and that the crovvne vvas lavvfullie caste vpon hym, ye confesse directlie thereby that be­fore he Was kinge in possession, there vvas no dishabilitie in hym to take the crovvne [Page 61] by lavvfull succession, hys saide Attainder not vvith standinge: Whiche ys as muche as I vvolde vvishe you to graunte. But in con­clusion, vnderstandinge your self, that this your reason can not mainteine your inten­te: you go abovvte an other vvaye to helpe your selfe, An an­svvere to the aduer­sarie ma­kīge a dif­ference betwene at­taīder & the birthe ovvte of the allea­geance. makinge a difference in the lavve betvvene the case of Attainder, and the case of forren birthe ovvte of the kin­ges alleagance: sainge, that in the case of the Attainder necessitie dothe enforce the suc­cession of the crovvne vpon the partie at­tainted: For othervvise ye saie the crovvne shall not descende to anye. But vpon the birthe ovvte of the kinges allegeance, ye saie yt ys othervvise. And for prouf therof ye put a case of I. S. beinge seased of landes, and havinge issevve A, and B. A, ys attainted in the life of I. S. his father, and after I. S. di­ethe, A livinge vnrestored. Novve the lande shall not descende either to A, or B. But shall goe to the lorde of the fee by vvaye of es­chete. Othervvise yt had bene (ye saie) yf A, had bene borne beyonde the sea. I, S. brea­kinge his allegeance to the kinge, and after I, S. cometh againe into the realme, ād hathe issevve B. and diethe, for novve (ye saie) B. shall inherite hys fathers landes. Yf the [Page] crowne had bene holden of any person, to whom yt might haue escheted, as in your case of. I, S. the lande did. Then paraduen­ture there had bene some affinitie betwene your saide case, and the case of the crowne. But there ys no suche matter. Besides that, ye muste consider, that the kinge cometh to the crovvne not onlie by discente, but also and cheifelie by succession, as vnto a corporation: And therefore ye might ease­lie haue sene a difference in your cases be­tvvene the kinges Maiestie and I, S. a subie­cte: And also betwene landes holden of a lorde above, and the crowne holden of no earthlie lorde, but of God almightie onlie. But yet for argumentes sake, I wolde faine knowe vvhere you finde your difference, ād vvhat aucthoritie you can shevve for the proof therof. Ye haue made no marginall note of any aucthoritie: And therefore vn­lesse ye also saie, that ye are Pythagoras, I will not beleve your difference. Well I am assuered, that I can shewe you good auctho­ritie to the contrarie, And that there ys no difference in your cases. Pervse I praie you. 22. H. 6. and there maye you see the opiniō of Iustice Newtō, 22. H. [...]. fol. 43. that there ys no differen­ce in your cases, but that in bothe your cases [Page 62] the lande shall eschete vnto the lorde. And Prisote beinge then of counsaile vvith the partie that claimed the landes by a discen­te: Where the eldeste sonne vvas borne be­yonde the seas, durste not abide in lavve vpon that title. This aucthoritie ys againste your difference, and this aucthoritie, I am well assuerid ys better, then any that you haue shewed to proue your difference. But yf We shall admitt your difference to be ac­cordinge to the lavve, yet your cases, Wher­vnto you applye your differēce are nothīge like, as I have saiede before. But to procede on in the proof of our purpose, as yt dothe appeare, The supposed maxi­me of the ad [...]saries tovchethe not kin­ges borne beyōde the sea, as ap­peareth by kinge Ste­phen, and kīge H. 2. that neither the kīge, nor his crov­ne ys bownde by theys general rules which before I haue shevved: So do I like wise saie of all the residewe of the generall rules ād maximes of the lawe, beinge in a māner in­finite. But to retorne againe vnto your onlie supposed Maxime, whiche you make so ge­nerall cōcerninge the dishabilitie of persōs borne beyonde the seas: yt ys verie plaine, that yt was never taken to extēde vnto the crovne of this realme of Englāde, as yt maie appeare by kinge Stephē, & by kinge Hērie the secōde, who were both strāgers & Frēch mē. And borne oute of the kīges allegiāce, [Page] and neither vvere they the kinges children immediate nor theire parētes of the allegi­ance, And yet they haue bene alwayes ac­compted lawfull kinges of Englande, nor theire title vvas by any man at any time de­faced or comptrolled for any suche consi­deration or exceptiō of forren birthe. And yt ys a worlde to see, hovve you vvolde shif­te your handes from the saide kinge Hen­rie. Ye saie he came not to the crovne by or­der of the lavve, The aduersaries ob­iectiō tov­chinge kinge H. 2. avoided. but by capitulatiō or agre­ment, for as muche, as his mother by who­me he conveied hys title vvas then livinge. Well admitt that he came to the crowne by capitulation duringe his mothers life. Yet this dothe not proue that he vvas dishabled to receaue the crovvne, but rather proveth his abilitie. And althovvghe I did also admitt, that he had not the crovvne by or­der of the lavve duringe his mothers life, yet after his mothers deathe no man hathe hytherto dovvbted, but that he vvas kinge by lavvfull succession, and not againste the lavves and customes of this realme. For so might you putt a dovvbte in all the kinges of this realme: that ever gouerned sithens, and driue vs to seake heires in Scotlande or elles where, whiche thinge we suppose you [Page 63] are over vvise to goo abowte. Besides this I haue harde some of the adversaries for far­ther helpe of theire intention in this matter saie that kinge Henrie the seconde vvas a Quenes childe, and so kinge by the rule of the common lavve. Trevvlie I knovve, he vvas an Empresse childe, but no Quene, of Englandes childe. For althovvghe Mavvde the Empresse his mother had a right and a good title to the crovvne and to be Quene of Englāde: Yet vvas she never in possessiō, but kept from the possession by kinge Ste­phen: And therefore kinge Henrye the se­conde can not iustlie be saide to be a Que­ne of Englandes childe, nor yet any kinges childe, vnlesse ye wolde intende the kinges children by the wordes of infantes de Roy &c. to be children of farder degree, ād dis­cended fom the right line of the kinge: so ye might saie trevvlie that he vvas the chil­de of kinge Henrye the firste, beinge indede the sōne and heire of Mavvde the Empresse, davvghter and heire of kinge Henrie the firste. As tovv­chīge Ar­thure kīge Richardes nephewe. Whereby your saide rule ys here fovvlie foiled. And therefore ye Wolde faine for the maintenance of your pretensed maxime, catche some holde vppō Arthure the sonne of Ieffrey one of the [Page] sonnes of the saide Henrie the seconde. Vt autem pax ista & summa di­lectio, tam multiplici q arctiori vīculo cō ­necta [...], p̄ ­dictiscuriae vestriae ma­gnatibꝰ, id ex ꝑte vr̄a tractātibꝰ (dn̄odisponēte) con­diximꝰ in­tet Arthu­rum egre­giū ducem Britanniae, nepotē nostrū & he­redē fi for­tè sine ꝓle obire nos cō [...]gerit, & filiā ves­trā matri­moniū cō ­trahendū. &c. Ye saye then like a good and iolie antiquarie, that he vvas reiected from the crovvne, by cause he vvas borne ovvte of the realme. That he vvas borne ovvte of the realme ys verie trevve, but that he was reiected from the crovvne for that cause yt ys verie false. Neither haue you any aucthoritie to proue your vaine opinion in this pointe. For yt ys to be ꝓued by the cronicles of this realme that kinge Richarde the first vncle vnto the saide Arthure, takinge his iorney tovvarde Hierusalē, declared the saide Arthur (as vve haue shevved before) to be heire apparente In tracta­tu pacis inter Rich. 1. & Tancredū Regē Siciliae vid. Rog. Ho­ [...]enden & Richar. canonicū sancta Trinitatis Londini. vnto the crowne: Whiche vvolde not haue bene, yf he had bene taken to be vnhable to receaue the crowne by reasō of forē birthe. And althovvghe kinge Iohan did vsurpe as­well vpō the saide kinge Richarde the firste his eldest brother, as also vpon the saide Ar­thur his nephevve: yet that ys no proof, that he vvas reiected, by cause he vvas borne owte of the realme. Yf ye colde proue that, then had ye shewed some reason and presi­dente to proue your intente, Whereas hitherto you haue sheued none at all, [Page 64] nor I am Well assured shall euer be able to shevve. Thus maye ye se (gētle reader) that neither this pretensed maxime of the lavve sett forthe by the aduersaries, nor a greate nōber more as generall as this ys (which be­fore I haue sheued) can by anye resonable meanes be stretched to bīde the crovvne of Englāde. Theis reasons ād auctorities maye for this time suffice to ꝓue that the crowne of this realme ys not subiecte to the rules and the principles of the common lavve, neither can be ruled and tried by the same. Whiche thinge beinge trevve, all the obiec­tions of the aduersaries made against the title of Marie the Quene of Scotlande to the successiō of the crovvne of this realme, are fullie ansvvered, and thereby clierlie vviped avvaye. Yet for farther argumentes sake, and to the ende vve might haue all matters sifted to the vttermoste and therby all thinges made plaine: Let vs for this time some vvhat yelde vnto the aduersaries, ad­mittinge that the title of the crovvne of this realme vvere to be examined and tri­ed by the rules and principles of the com­mon lavve, ād then lett vs consider and exa­mine farther, whether there be any rule of the common lavve, or elles statute that by [Page] good and iuste construction, can seame to impugne the saide title of Marie the Quene of Scotlande or no. For tovvchinge her li­neall descente from kinge Henrye the sea­uenthe, and by his eldeste davvghter (as we haue shevved) there ys no man so impudēte to denie yt. What ys there then to be obiec­ted? Amonge all the rules, maximes, ād iud­gementes of the common lavve of this re­alme, onlie one rule as a generall maxime ys obiected against her: And yet the same rule ys so vntrevvlie sert forthe, that I can not vvell agree, that yt ys any rule or ma­xime of the comon lawe of this realme of Englande. Your pretēsed Maxime ys, who soeuer ys borne ovvte of the realme of En­glande, A false maxime set forthe by the ad­uersarie. and of father ād mother not beinge vnder the obedience of the kinge of En­glande, can not be capable to inheriteany thinge in Englāde, vvhich rule ys nothinge trevve but altogether false. For euerie stran­ger and alien ys able to purchasse the inhe­ritance of landes vvithin this realme, as yt maye appeare in 7 & 7. E. 4. fol. 28. 9. E. 4. fo. 5. 11. H. 4. fol. 25. 14. H. 4. f. 10. 9 of kinge Edvvarde the fovvrthe. And also in, 11, & 14, of kinge Henrie the fovvrthe. And altovvghe the same purchasse ys of some men accompted to be to the vse of the kīge: Yet vntill suche [Page 65] time as the Kinge be intitled ther vnto by matter of recorde, the inheritance remay­nethe in the alien by the opiniō of all men: And so ys a verie alien capable of inheri­tance within this realme. And then it muste nedes fall ovvte plainlie: that your generall maxime vvhere vpon you haue talked and braged so muche, ys novve become no rule of the common lavve of this realme. And yf it be so, then haue you vttered very many vvordes to small purpose. But yet let vs see farther vvhether there be any rule or ma­xime in the cōmon lavve that maye seame any thinge like to that rule, Whervpon any matter maie be gathered against the title of the saide Marie Quene of Scotland. There ys one rule of the cōmon lavve, in vvordes somevvhat like vnto that, vvhiche hathe bene alleaged by the aduersaries. Whiche rule ys sett forthe and declared by a statute made An. 25. of Kinge Edwarde the thirde. Whiche statute recitinge the dovvbte that then vvas, Whether infantes borne ovvte of the allegiance of Englande shoulde be able to demaunde any heritage vvithin the same allegiāce or no? Yt vvas by the same statute ordained, that all Infantes inheritours, Whiche after that time shoulde be borne [Page] owte of the allegiance of the kinge, whose father and mother at the time of theire birthe, were of the faithe and allegiance of the kinge of Englande, shoulde haue and enioye the same benefittes and aduantages to haue ād carrie heritage within the saide allegiance, as other heires shoulde. Where vpon yt ys to be gathered by dewe, and iuste construction of the statute, and so hathe bene heretofore cōmonlie taken, that the common lawe alwayes was, and yet ys, that no person borne owte of the allegiance of the kinge of Englande, whose father and mother were not of the same allegiance, shoulde be able to haue or de­maunde any heritage within the same alle­giance as heire to any person. Whiche rule I take to be the same supposed maxime, whi­che the ad [...]saries do meane. But to stretche yt generallie to all inheritances (as the ad­uersaries wolde seame to do) by anie reaso­nable meanes cā not be. The statu­te of Ed­vvard 3. anno 25. touchethe inheritā ­ce and not purchasse. For (as I haue saied before) euery strāger and alien borne, maye haue and take inheritance as a purchas [...]er. And if an alien do marrie a woman inhe­ritable, the inheritance therby ys bothe in the alien, and also in his wife: And the alien therby a purchas [...]er. No man dowbteth but [Page 66] that a denizen maye purchasse landes to his owne vse, 11. H. 4. fol. 25. but to inherite landes as heire to any person vvith in the allegiance of En­glande he can not by any meanes. So that yt seamethe verie plaine, that the saide rule bindethe also denizens, and dothe onlie ex­tende to discentes of inheritance, and not to the hauinge of anie landes by purchasse. Nowe will we then consider, whether this rule by any reasonable cōstruction can ex­tende vnto the ladie Marie the Quene of Scotlande, for and concerninge her title to the crowne of Englād. Yt hathe bene sayed by the aduersaries, that she was borne in Scotlande, whiche realme ys owte of the allegiance of Englande, her father and mother not beinge of the same allegiance. And therefore by the saide rule she ys not inheritable to the crowne of this realme. Althowghe I might at the begininge verie vvell and orderlie denie the consequente of your argumente: yet for this time we will firste examine the antecedente whe­ther yt be trewe or no: And then consider vpon the consequen [...]e. That the Quene of Scotlande was borne in Scotlande, Scotlande ys within the allegi­āce of En­glande. yt must nedes be graunted, but that Scotlande ys owte of the allegiāce of Englāde, thowghe the saide Quene of Scotlande and all her [Page] subiectes of Scotlande vvill stovvtely affir­me the same: yet there are a greate nomber of men in Englande both learned and o­thers that be not of that opinion, beinge ledd and persvvaded there vnto by diuers histories, registers, recordes, ād instrumētes of homage remaininge in the treasurie of this realme, Wherin ys mentioned that the kinges of Scotlande haue acknovvledged the kinge of Englande to be the superiour lorde ouer the realme of Scotlande, and haue done homage ād fealtie for the same. Which thinge beinge trevve (not vvithe standinge yt be comonlie denied by all Scottes men) then by the lavves of this re­alme Scotlande muste nedes be accompted to be vvith in the allegiance of Englande. And altowghe sins the time of kinge Hen­rie the sixt, none of the kinges of Scotlāde haue done the saide seruice vnto the kinges of Englande: Yet that ys no reason in our lavve to saye, that therefore the realme of Scotlande at the time of the birthe of the saide Ladye Marie Quene of Scotlande, be­inge in the thirtie and fovverthe yeare of the reigne of our late Souereigne lorde kinge Henrie the eight, vvas ovvte of the allegiance of the kinges of Englande. For [Page 67] the lavve of this realme ys verie plaine, that thovvghe the tenaunte do not his seruice vnto the lorde, yet hathe not the lorde ther­by lost his seigneurie, for the lande still re­mainethe within his fee and seigneurie that not with standinge. The lorde losethe not his s [...]igni [...] rie though the tenāte dothe not his serui­ce. But paraduenture some vvill obiecte and saye, that by that reason Frāce shoulde likevvise be sayed to be with in the allegiance of Englande, for as muche as the possession of the crovvne of France hathe bene vvithin a litle more, then the space of one hundred yeares novve laste paste, lavvfullie vested in the kinges of En­glād. Whose right and title still remainethe in the Quenes maiestie that novve ys. To that, there ys a greate difference betvvene the right and title vvhiche our Souereigne ladie claimethe to the realme of France, ād the right and title vvhiche her highnes clai­methe to the realme of Scotlād: Althowghe yt be trevve, that the kinge of Englande hathe bene lavvfullie possessed of the crowne of France, vvhose right and title by iuste and lavvfull succession ys deuolued vnto our saide Souereigne ladie: Yet du­ringe suche time, as her highnes by vsurpa­tion of other ys dispossessed of the saide realme of France, the same realme by no [Page] meanes can be saide to be with in her high­nes allegeāce: especiallie cōsideringe howe that sins the time of vsurpation, the people of France haue wholie forsaken theire al­legeance and subiection, whiche they did owe vnto the kinges of Englāde: And haue geuen and submitted them selues vnder the obedience and allegeance of the vsurpers. But as for the realme of Scotlande yt ys o­terwise: For the title which our Souereigne Ladie and Quene and her ꝓgenitours haue claimed vnto the realme of Scotlāde ys not in the possession of the lande and crowne of Scotlande, but onlie vnto the seruice of homage and fealtie for the same. And al­thowghe the kinges of Scotlande sithe the time of kinge Henrie the eight, haue inter­mitted to do the saide homage and fealtie to the kinges of England: Yet for all that the kinges of Scotlāde can not by any rea­son or lawe be called vsurpers. And thus maye ye see (gentle Reader) by the opinion of all indifferent men, and not led by affec­tion, that the realme of Scotlande hathe bene, and yet ys, within the allegeance and dominion of Englande: And so your ante­cedent or firste proposition false. And yet that makethe no prouf that the realme of [Page 68] Frāce likewise shoulde nowe be saide to be with in the allegiāce of our Souereigne La­die the Quene of England, by reason of the manifeste and apparente difference before sheued. But what yf your antecedent were trewe, ād that we did agree bothe withe the saide Quene of Scottes ād her subiectes ād also withe you, that Scotlande were owte of the allegiance of Englande? Yet yt ys ve­rie plaine that your cōsequente and conclu­sion can not by anye meanes be trewe. The causes vvhy the crowne cā not be com [...]sed with in the pre­tēded ma­xime. And that prīcipallie for three causes. Wherof one ys, for that neither the kīge nor the crowne (not beinge especiallie mentioned in the saide rule or pretēded maxime) can be intē ­ded to be with in the meaninge of the same maxime, as we haue before sufficientlie ꝓ­ued by a greate nomber of other suche like generall rules and maximes of the lawes. An other cause ys, for that the crwne cā not be taken to be with in the wordes of the saide supposed maxime: And that for two respectes, one ys by cawse the rule doth onlye dishable aliens to demaunde any heritage with in the allegiance of Englande, which rule can not be stretched to the demaunde of the crowne of En­glande, which ys not with in the allegiance [Page] of Englande, but ys the verie allegiance yt self: As for a like example. Yt ys trevve that all the landes vvith in the kinges dominion are holden of the kinge either mediatlie or immediatelie, and yet ys yt not trevve that the crovvne (by vvhiche onlie the kinge hathe his dominion) can be saide to be hol­den of the kinge. For withoute the crowne there can be neither kinge nor allegiance: And so longe as the crovvne restethe onlie in demaunde not beinge vested in any per­son, with ovte the crow­nethere cā neither be Kinge nor allegiāce. there ys no allegiance at all. So that the crovvne can not be saide by any meanes to be vvith in the allegiance of Englāde: And therfore not within the wordes of the saide rule or maxime. The title of the crovvne ys also ovvte of the vvordes and meaninge of the same rule in any other respecte: And that ys by cause that rule doth onlie disha­ble an alien to demaunde landes by discēte as heire: for yt dothe not extēde vnto lādes purchassed by an alien, as vve haue before sufficientlie proued. 40. E. 3. f. 10. 13. E. 3. titlr̄e 264. 16. E. 3. iu­rāsde fai [...]e 17. E. 3. tit. Scire fac. 7 And then can not that rule extende vnto the crovvne beinge a thinge incorporate, the right wherof dothe not descēde accordīge to the comō course or priuate inheritance, but goethe by suc­cession as other corporations do. No man [Page 69] dowbtethe but that a prior alien beinge no denizen, A Deane a Person a Priour be­ynge an a­lien maye demande lāde in the right of his corporatiō might alvvayes in time of peace demaunde lande in the right of his corpo­ratiō. And so likevvise a deane or a person beinge aliens and no denizens, might de­maunde landes in respecte of theire corpo­rations, not vvith standinge the saide sup­posed rule or mxime, as maye appeare by diuers booke cases, as also by the statute made in the time of kinge Richard the se­conde. An. R. 23c. 36. E 3. fo. 21. tit droicte. 26 lib. Assis. p. 54. 12. lib. As­sis. tit. enf. 9 H. 6 fol. 33 3; H. 6. fo. 35. 5. E. 4: f. 71. 49 li. Ass. pag. 17 22. H. 6. fo. 31, 13. H. 8. fo. 14 7 E. 4 f. 29 9 E. 4 f. [...]0 And altovvghe the crovvne hathe alvvayes gone accordinge to the cōmon covvrse of a discente: Yet dothe yt not pro­perlie descēde but succede. And that ys the reason of the lavve, that althovvghe the Kinge be more fauoured in all his doinges, then any cōmon person shalbe: Yet can not the Kinge by lavve auoide his grauntes and lettres patentes by reason of his nonage, as other Infantes maye do, but shall alvvayes be saide to be of full age in respecte of his The kīge ys alvayes at full age in respecte of hys crovvne. crowne: eauen as a person, vicare, or deane, or any other person incorporate shalbe: Whiche can not by any meanes be sayed in lawe to be vvith in age in respecte of theire corporations, Altowghe the corporation be but one yeare olde. Besides that, the kinge cā not by the lawe avoide the lettres [Page] patentes made by any vsurper of the crow­ne (vnlesse yt be by acte of parliamente no more then other persons incorporate shall auoide the grauntes made by one that vvas before vvrongfullie in theire places and roumes. Whereas in discentes of inhe­ritances the lawe ys otherwise. For there the heire maye auoide all estates made by the dissesor or abatour, or anye other per­son vvhose estate ys by lavve defeated. Wherby yt dothe plainlie appeare that the kinge ys incorporate vnto the crowne, and hathe the same properlie by succession, and not by discente only. And that ys likewise an other reason to proue, that the kinge and the crowne can neither be saide to be with in the wordes, nor yet with in the meanīge of the saide generall rule or maxime. The thirde and moste principall cause of all ys, for that the saide statute vvhere vpon the saide supposed rule or maxime ys gathered: the children discendants and discended of the bloude royall by the vvordes of Enfāts du Roy, The Kings childrē are expresselye excepted frō the surmised ma­xime. are expresseli excepted owte of the saide supposed rule or maxime. Which wor­des the aduersaries do muche abuse ī restrai­nīge & cōstruinge thē to extende but to the first degree onlie. whereas the same wordes [Page 70] may verye vvell beare a more large and ample interpretation. And that for three causes and considerations. Firste by the ci­uill lavve, this vvorde Liberi (vvhiche the vvordes Enfants beinge the vsuall and ori­ginall vvordes of the statute vvritten in the Frenche tongue counteruaileth) dothe comprehende by proper and peculier sig­nification not only the children of the first degree, L. liberorū de verbo­rum signi­fic. ff. but other discendants also In the lavve sayenge, that he vvho ys manumissed or made free shall not commence any acti­on againste the children of the patrone or manumissor vvithovvte licence, L. sed & si ff. de in Ius vocā ­do instit. de heredi­bus ab in­test. not only the first degree, but the other also ys con­teined. The like ys vvhen the lavve of the twelve tables sayethe: The firste place and roume of succession after the deathe of the parentes that dye intestate, ys duë to the children, vvhiche succession apperteinethe as vvell to degrees remoued as to the firste. L. luciꝰ ff. de heredi. Instit. l. iu­sta et l. na­torū & l. liberorūde verbor. si­gnifie. Yea in all causes fauorable (as ovvrs ys) this vvorde Sonne Filius: conteinethe the nephevve, thowghe not by the propertie of the voice or speache, yet by interpreta­tion admittable, in all such thinges as the lavve disposethe of. As tovvchinge this worde Ensans in Frenche vve saye that yt [Page] reachethe to other descendants, L. 2. §. Si mater ad S. C. Tertu. l. fi­liꝰ ad S. C. as well as to the firste degree. Wherein I do referre me to suche as be exꝑte in the saide tōgue. We have no one worde (for the barenes of Enfants in franche coūteruai­lethe thys vvorde li­beri in la­ten. our englishe tongue) to counterpaise the saide frenche worde Enfans, Maced. l. senat de ritu nupt. l. ꝙ si ne­potes ff. de test. tutel cū nota [...]is ibidem. or the laten worde Liberi. Therefore do we supplie yt as well as we maye by this worde children. The Spaniardes also vse this worde Infātes in this ample sorte whē they call the nexte heire to the heire apparente the infante of Spaine: Eaven as the late deceased lorde Charles of Austriche was called, his father and grandfather then livinge. Yf then the originall worde of the statute declaringe the saide rule, maye naturallie and proper­lie appertine to all the descendants, why shoulde we straine and binde yt to the firste degree onlie, otherwyse then the nature of the worde or reason will beare? For I sup­pose verelie, that yt will be verie harde for the adversarie to geave any good and sub­stanciall reason, d. l. libero­rum. whie to make a diuersitie in the cases. But towchynge the contrarie, there are good and probable considerati­ons whiche shall serve vs for the seconde cause. As for that the grandfathers call theyre nephewes The grandfathers cal theire ne­phevves sonnes· as by a more pleasante [Page 71] plausible name not onlie theire chyldren but theire sōnes also, & for that the sonne beinge deceased (the grand father surviuin­ge) not only the grand fathers affectiō, but also the suche right title and intereste that the sonne hathe by the lawe, and by proxi­mitie of bloudde, growe and drawe all to L. Gallus §. institu­ens ff. de libert. & post l fi C. d. impub. & alijs subst. cap. iā 1. q. 4. The father and sonne are cōpted in person and fleshe inmanicre one. the nephewe, Who representethe and sup­pliethe the fathers place, the father ād the sonne beinge compted in parson and in fleshe in manier but as one: Whie shall then the bare and naked cōsideration of the ex­ternall and accidentall place of the birthe onlie seuer and sonder suche an intire, in­warde and naturall coniunction? Add there vnto the manye and greate absurdities that maye herof springe and ensewe. The greate absur litie that might followe in excludīge the tr [...]we and right successor for the place of his birthe on­lie. Diuerse of the kinges of this realme, as well before the time of kinge Edwarde the thirde (in wose time this statute was made) as after him, gaue theire dawghters owte to forrai­ne, and some tymes to meane Princes in mariage, which thei wolde never soo oftē times have done, if they had thowght, that while thei wente abowte to sett forthe and aduāce theire issewe, theire doinges shoulde haue tended to the disheritynge of them from so greate, large, and noble a Realme [Page] as this ys: Whiche might have chaunced yf the dawghter hauinge a sonne or dawghter had died, her father liuīge. For there should this supposed maxime have bene a barre to theire children, to succedde theire grand father. This absurditie wolde have bene more notable, yf yt had cha [...]ced abowte the time of kinge Henrie the seconde, or this kinge Edwarde, or kinge Henrie the firste and sixt, when the possessions of the crowne of this realme were so amplie en­larged in other contreyes beyonde the se­as. And yet never so notable, as yt might have bene hereafter in our freshe me­morie and remembrance, yf any suche thinge had chaunced (as by possibi­litie yt might haue chaunced) by the late mariage of kinge Philippe and Quene Marie. For Admittinge theire dawghter married to a Forren Prince shoulde have died before them, she leauinge a sonne survivinge his father and grand mother, they hauinge none other issewe so nighe in degree, then wolde this late framed maxime haue excluded the same sonne lamētablie and vnnaturallie, from the suc­cession of the crowne of Englande, and also the same crowne from the inheritance [Page 72] of the realmes of Spaine, of both Sicilies, with theire appourtenances, of the Duke­dome of Millaine and other landes and dominions in Lumbardie and Italie, as also from the Dukedomes of Brabante, Luxembourge, Geldres, Zutphan, Burgun­dye, Friselande, from the contreyes of Flaunders, Arthois, Hollande, Zelande, and Namours, and from the newe fownde landes, parcell of the saide kingdome of Spaine. Whiche are (vnlesse I be decea­ued) more ample by doble or treble, then all the contreyes nowe rehearsed. All the whiche contreyes by the foresaide mariage shoulde haue bene by all right deuolued to the saide sonne, yf anye suche childe had bene borne. Yf either the same by the force of this iolie newe founde maxime had bene excluded from the crowne of Englande: or the saide crowne from the inheritance of the fore saide contreyes: Were there any re­ason to be yelded for the maintenāce of this supposed rule or maxime in that case? Or might there possiblie rise any cōmoditie to the realme by obseruinge there in this rigo­rouse p̄tensed rule, that shoulde by one hun­dred ꝑte counteruaile this importable losse ād spoile of the crowne, and of the lawfull [Page] inheritour of the same? But perchance for the auoidinge of this exceptiō limited vnto the bloude royall: some will saye that the same was but a priuilege graunted to the kinges children not in respecte of the suc­cession of the crowne, but of other landes An eva­sion avoi­ded pretē ­dinge the priuilege of the kin­ges childrē not to be in respecte of the crovvne but of o­ther lāds. descendinge to them from theire Auncet­tours. Whiche altowghe we might verie well admitte and allowe: yet can yt not be denied, but that the same privilege was graunted vnto the kinges children and o­ther descendants of the bloudd royall by reason of the dignitie and worthines of the crowne, which the kinge theire father did enioye, And the greate reverence which the lawe geuethe of dewtie therevnto: And therefore yf ye wolde goe abowte to re­straine and withe drawe from the crowne the privilege which the lawe geuethe to the kinges children for the crownes sake: ye shoulde do therein contrarye to all rea­son, and against the rules of the arre of rea­soninge which saiethe that propter quod vnū ­quodque & illud magis. Propter ꝙ vnū quod­que & il­lud magis. Beside that, I wolde faine knowe by what reason might a man saie, that they of the kinges bloudd borne owte of the allegiance of Englande, maye inherite lādes with in this realme as heires [Page] vnto theire Auncetours, not beinge able to inherite the crowne. Trewelie in myne opi­nion yt were against all reason. But on the cōtrarie side the verye force of reasō muste driue vs to graūte the like: Yea more greate ād ample priuilege and benefitt of the lawe in the successiō of the crowne. For the roy­all bloude where soeuer yt be fownde, The royall bloud bea­rethe hys honour withe yt, wheresoe­uer yt be. will be taken as a praecious and singuler Iewell, and will carrye with yt, his worthie estima­tion ād honour with the people, and where yt ys dewe his right with all. By the ciuill lawe the right of the inheritance of priuate persons, ys hemmed and ynched with in the bādes of the tenthe degree. Vide Ant. Corsetū de potest. & excell. re­gia q. 106 The bloude royall ronnethe a farther race, and so far­ther race, ād so farre as yt maye be fownde, where withe the greate ād mightie cōque­rers are gladde and fayne to ioyne with all, euer fearinge the weaknes of theire blou­die sworde, Cōquerers gladde to ioynewith the royall bloude. in respecte of the greate strēgth and force of the same. For this cause was Henrie the firste, called for his learninge ād wisdome Beauclerke, gladde to consociate and cupple him selfe with the Auncient roy­all bloude of the Saxones, Henrie the first. which cōtinew­inge in the princely successiō from worthy kinge Alured, was cutt of by the deathe of [Page] the good kinge Edwarde. And by the ma­rienge of Mathildis beinge in the fowrthe degree in linia [...]l discente to the saide kinge Edwarde, Was reuiued and revnited. From this Edvvarde the Quene of Scottes (as vve haue before shewed) takethe her noble an­ciente petigrevve. Theis then and diuers other reasons & cavses moo, maie be allea­ged for the vvayēge ād settīge forthe of the trevve meanīge & intēte of the saide l. vve. Novve in case theis tvvo cavses & cōsidera­tiōs vvill not satisfie the adversarie, We will adioyne ther vnto a thirde: Whi [...]he he shall never by any good & honeste shifte avoide, And that ys the vse ād practise of the real­me, aswell in the time foregoinge the saide statute, as after vvarde We stande vpon the interpretatiō of the cōmon lavve recited & declared by the saide statute. And hovve shall vve better vnderstāde vvhat the lavve ys therin, l. fi ff. de le. thē by the vse and practise of the saide lavve. Cōmō vse ād practi­se the beste interpretation of the lavve. For the beste interp̄tatiō of the lawe ys custome. But the realme before this statute admitted to the crovvne not onlie kinges children and others of the first de­gree, but also of a farther degree. And suche as vvere plainely borne ovvte of the kin­ges allegiāce. The foresaide vse and practise [Page 76] appearethe [...]. Eodē Anno Rex cū in diebus suis ꝓcessiss [...] Aeldredū Vigorniē ­sem Ep̄um ad regem Hungar. trāsmittēs, reuocauit inde filiū f [...]is sui Ed­mūdi, Ed­vvardum, cū tota fa­milia sua vt vel [...]pse vel filij eiꝰ sibi succe­derent in regnum. Flor. [...]ist. An. 1057▪ Flor. hist. 1066. vell before as sithens the ti­me me of the conqueste. Amonge other, kinge Edvvarde the cōfessour beinge destitute of a lavvfull heire vvith in this realme, sent īto Hūgarie for Edward his nepheve surnamed Owtlavve, sonne to kinge Edmunde called Irōside, after many yeares of his exile to re­torne into Englāde, to the intente the saide Ovvtlavve shoulde inherite this realme; which neverthelesse came not to effecte, by reason the saide Ovvtlavve died before the saide kinge Edward his vncle. After vvhose deathe the saide kinge appointed Eadger Ethelīge sōne of the saide Ovvtlavve, beīge his nexte cosen ād heire, as he vvas of right, to the crovvne of Englāde. And for that the saide Eadgar, vvas then but of yōge and rē ­der yeares, ād not able to take vpō him so greate a gouernemente, the saide kinge cō ­mitted the protection asvvell of the yonge Prīce, as also of the realme to Harold Earle of kente, vntill suche time as the saide Ead­ger had obteined perfecte age to be able to Weilde the state of a kinge. Aelred. Rhievalēs. de regib. Which Harol­de neverthelesse cōtrarie to the truste, sup­plāted the saide yōge Prince of the kingdo­me, Anglor. ad regem Henr. 2. ād putt the crovne vpō his owe head. By this yt ys apparante that forrain birthe was [Page] not accompted of before the time of the cōqueste, a iuste cause to repell and reiecte any man, beinge of the nexte proximitie in bloude from the title of the crowne. And thowghe the saide kinge Edwarde the con­fessors will ād purpose toke not suche force ād effecte as he desidered, and the lawe cra­ued, yet the like successiō toke place effec­tuouslie in kinge Stephē and kinge Henrie the seconde, Kinge Ste­phen and k. H. 2. as we haue alredie declared. Neither will the aduersaries shifte of forri­ners borne of father and mother which be not of the kinges alleageance, helpe him: For as muche as this clawse of the saide sta­tute ys not to be applied to the kinges chil­drē, The ad [...]er saries sea­med by i­maginatiō that kinge Hēry the 2 shouldeco­me to the crowne by compositiō ād not by ꝓximitie of bloud [...]. but to others, as appearethe in the same statute. And theis two kinges Stephen, and Henrie the seconde, as they vvere borne in a forraine place, so theire fathers and mo­thers vvere not of the kinges alleageance, but mere aliens and strangers. And hovve fonde, notoriouse a vaine thinge yt ys, that the aduersarie vvolde persvvade vs, that the saide kinge Henrie the secōde rather came in by force of a composition, then by the proximitie and nearenes of bloude: I leaue yt to everie man to consider that hath any manner of fealinge in the discourse of the [Page 77] stories of this realme: The composition did procure him quietnes ād reste for the time, vvith a good and suer hope of quiet ād peaceable entrāce also after the death of kinge Stephē: And so yt follovved in Rex Stepha nꝰ cū here [...] viduatusp̄ter solummodo ducē Henri­cū recog [...]o­uit in cōuētu [...]piscopo [...]ū, & aliorū de regno opti­matū, ꝙ dux Hē. ius here­ditariū in re­gnū Angliae habebat, & dux benigne conc [...]ssit, vt Rex Stepha­nus tota vita sua suūregnū pacifice possideret. [...]ta ta­mē cōfirma­tū est pactū qd ipse rex & ipsi tune p̄sētes cū cae­terisregni optimatibus iu­rarēt, qd dux H. post mor­tē regis [...] superuiueret reguū fine a­liqua contra­dictione ob­tineret. deede, but there grevve to him no more right thereby thē was duë to him before, for he was the trewe heire to the crowne, as appearethe by Stephen his aduersaries ovvne confession. Henrie the firste married his davvghter Mathildie to Henrie the Emperour, by vvhom he had no children: And no dovvbte in case she had any children by the Emperour, they shoud haue bene heires by succession to the crovvne of Englāde. After vvhose deathe she retorned to her father, yet did kinge Hēry cause all the nobilitie by an expresse othe to embrace her after his deathe as Quene, olid. and after her, her children. Not longe after she vvas Married to Geffrey Plantagenet a Frencheman borne, Erle of Anievve, vvho begart of her this Henrie the seconde beinge in France. Where vpō the saide kinge did reuiue ād renevve the like othe of allegeāce asvvell to her as to her sonne after her. Withe the like false persvvasion the aduersarie abusethe him [Page] The like fō ­de imagina­tion to vvch­ynge [...]k. Rich. hu nephewe self and his Reader towchinge Arthur Duke of Britanie, nephewe to kinge Ri­charde the firste. As thowghe for sowthe he were iustlie excluded by kinge Iohn̄ his vncle by cause he was a forrainer borne. Flores histo­riarum. an 1153. Yf he had sayed that he was exclu­ded by reason the vncle owght to be pre­ferred before the nephevve: thovvghe yt shoulde haue bene a false allegation and plaine against the rules of the lavves of this realme (as maye vvell appeare amōge other thinges by kinge Richard the secōd who succeded his grandfather kinge Ed­warde the thirde, which Richarde had di­ [...]ers worthy ād noble vncles, who neither for lacke of knowledge coulde be igno­rāte of their right, Diuersitie of opiniōs tow­chinge the vncle ād ne­phewe whe­ther of them ovvght to be preferred in the royall go­uernemēt. neither for lacke of Frendes, cowrage, ād power, be enforced to forbeare to chalēge theire title ād inte­reste) yet shoulde he haue had some coun­tenance of reason ād ꝓbabilitye, by cause many argumētes, ād the authoritie of ma­ny learned ād notable ciuiliās do cōcurre for the vncles right before the nephewe. But to make the place, of the natiuitie of an inheritour to a kingdome a sufficient barre against the right of his bloude, Polid. yt seameth to haue but a weake and slender [Page 78] holde and grovvnde: And in our case yt ys a moste vnsure and false grownde, seinge yt ys moste trewe that kinge Richarde the firste (as vwe haue saide) declared the saide Arthur borne in Britanye, and not sonne of a kinge, but his brother Geffreys sonne Duke of Britanye heire apparente, Flores his. an. 1190. his vncle Iohn̄ yet liuinge, and for suche a one ys he taken in all our stories, and for suche a one did all the vvorlde take him after the saide kinge Richarde his deathe. Neither vvas kinge Iohn̄ taken for other, then for an vsurper, by exclu­dinge him, The posses­siōs of the crowne of [...]nglands that were beyōde the seas seased into the Frenche kīgs han­des for the murther of Arthur. and aftervvarde for a murthe­rer for imprisoninge him, and priuelie ma­kinge him avvaye. For the vvhiche facte the Frenche kinge seased vpon all the goodlie contreies in France belonginge to the kinge of Englande, as forfeited to him beinge the cheif lorde. By this ovvtragiouse deede of kinge Iohn̄ vve loste Normandie vvith all, and our pos­sibilitie to the inheritance of all Brita­nie, the right and title to the saide Bri­tanie beinge devve to the saide Arthur and his heires, by the right of his mo­ther Constance. And thovvghe the saide kinge Iohn̄ by the practise and ambitiō of [Page] Quene Elenour hys mother, ād by the spe­ciall procuremente of Huberte then Arch­busshoppe of Caunterburie, and of some other factious persons in Englande, preven tid the saide Arthur his nephewe (as yt was easie for hym to do, havinge gotten into his handes all hys brother Richardes trea­sure, besides many other rentes then in En­glande, And the saide Arthur beinge an en­fante, and remayninge beyonde the sea in the custodie of the saide Constance) Yet of this facte, beinge againste all iustice, aswell the saide Archebusshoppe, as also manie of the other, did after moste earnestlie repen­te, consideringe the crewell and the vniuste puttinge to deathe of the saide Arthur pro­cured, Polid. lib. 15. Flor. histor. an. 1208. and after some authours, comytted, by the saide Iohn̄ hym self: which moste fowle and shamefull acte the saide Iohn̄ neaded not to have comitted, yf by forraine birthe the saide Arthur had bene barred to inherite the crowne of Englāde. And mu­che lesse to have imprisoned that moste in­nocente ladie Elenour Sister to the saide Ar [...]hur in Bristowe castle, where she mise­rablie ended her life. Yf that ga [...]e Maxime wolde have serued to have excluded theis two children, by cawse theye were strāgers [Page 79] borne in the parteis beyonde the seas. Yea yt appearethe in other doinges also of the saide time, and by the storie of the saide Iohn̄, that the birthe owte of the legeance of Englande by father ād mother forraine, was not taken for a sufficient repulse and reiection to the right and title of the crow­ne. For the Barones of Englāde beinge then at dissention with the saide kinge Iohn̄, & renowncinge their allegeance to hym, re­ceaued Lewes the eldeste Sonne of Phil­lippe the frenche kinge, to be theire kinge in the right of Blanche his wife, which was a stranger borne, Albeit the lawfullnece of the saide Richard, and dawghter to Alphōs kinge of castill, begotten on the bodie of Elenour hys wife one of the dawghters of kinge Henrye the seconde, and sister to the saide kinge Richarde and kinge Iohn̄. Whiche storie I alleage onlie to this purpo­se, thereby to gather the opinion of the ti­me Levves the frāche kinges sonne claimed the crovne of this re­alme ī the title of his vvife. that forraine birthe was then thowght no barre in the title of the crowne. For otherwise howe coulde Lewes of France Pro here ditatevxo­ris i [...]re sci­licet nep­tis Reg Io. vsque [...]d mortem [...] necessitas exigeret decertab [...] pretende title to the crowne in the right of the saide Blanche hys wife beinge borne in Spaine. Theis exāples are sufficiēte I suppo­se, to satisfie and contente any man that ys [Page] not obstinatelie vvedded to his ovvne fonde fantasies and frowarde friuoulous imaginations, Flores histo. An. 1216. or otherwise worse dep [...]a­ued for a good suer ād substanciall inter­p̄tation of the cōmon lawe. And yt were not altogether frō the purpose here to cō ­sider ād weighe, with what ād howe grea­uouse plagues this realme hath bene ofte afflicted ād scowrged by reason of wrōg­full ād vsurped titles. I will not reuiue by odiouse rehearshall the greatnes ād nōber of the same plagues, aswell otherwise, as especiallie by the contentiō of the noble howses ād famelies of yorke ād Lācaster▪ Seinge yt ys so fortunatelie and almoste with in mās remēbrāce extīct [...] ād buried. Haroldꝰ mu­neribꝰ & ge­nore fretꝰ re­gni diadema inuasit. Hēr. Hunt. hist [...]. Angliae. li. 6. I will nowe putt the gentle Reader in re­mēbrāce of those onlie with whose vsur­pinge titles we are nowe p̄sentlie in hāde. And to begīne with the moste auncient, Cui regnum iure heredi­tario, debebatur. Ealredus Rieuall. in hist. R. Angl. ad H. 2. what became I praye you of Harolde that by briberie ād helpe of his kīred vsurped the crowne against the foresaide yonge Eadgar (as I haue saide) ād as the olde mo­numērs of our historiopraphers do plain­lie testifie, was the trewe ād lawful h [...]ire. Cui de iure debebat̄ re­gnū Anglo rū. Io. [...]od. in chronic. Angliae. Coulde he thincke you enioye his ambi­tiouse ād nawghtie vsurpinge one whole [Page 80] ād ētier yeare? No suerlie eare the first yeare of his vsurped reigne turned aboute, he was spoyled ād turned owt bothe of crovne ād Rex Ed­vvardꝰ mi­sit &c. Vt vel [...]p̄e Ed­vvardꝰ vel filiae e [...]ꝰ sibi succederēt &c. Rich. Cicest. vid vvil. Mal­mesb. de regi. Ang. l. 2. c. 45. l. 3. cap. 5. his lief with all. Fadē ver­ba sunt in Mat. vvest­mo. 1̄ flor. hist An [...]o. 1066. Yea his vsurpatiō occasiōed the cōqueste of the whole realme by williā Duke of Normādie bastarde Sonne to Ro­berte the sixte duke of the same. And maye we thincke all saufe ād sownde nowe from like danger, yf vve shoulde treade the saide vvrōge steppes vvithe Harolde, forsakinge the right ād highe vvaye of lavve ād iustice? What shall I nowe speake of the crevvell ād ciuill vvarres betvvene kinge Stephen and kinge Hērie the secōde, Which vvarres rose by reasō the saide Hēry vvas vniustlie kepte frō the crovne devë to his mother mavvde, ād to him aftervvardes. The petifull reigne of the saide Iohn̄ vvho doth not lamente vvith the lamentable losse of Normandie, Aquitanie, and the possibilitie of the Duke­dome of Britanie, What cala mities fell to this real me by the vsurpīg of kinge Harrold K. Stephen and Iohn̄. ād vvith the losse of our other goodlie possessions in Fraunce? Whe­rof the crovvne of Englande vvas robbed and spoiled by the vnlavvfull vsurpinge of him againste his nephevve Arthur. Well, let vs leaue theys greauouse and lothsome re­membrances, and lett vs yet seake yf vve maye fynde any later interpretation either [Page] of the saide statute, or rather of the cōmon lavve for our purpose. And lôa the greate goodnes and ꝓuidence of God, vvho hathe (yf the foresaide exāples wolde not serue) prouided a later, but so good, so sure, so apte and mete interpretation for our cause, as any reasonable harte maye desier. The in­terpretation directlie tovvchethe our case, vvhiche I meane by the mariage of the La­dye Margaret eldest davvghter to kinge Hērie the seavēthe, vnto Iames the fowrthe, kinge of Scotlande, and by the opinion of the saide most prudente Prince in bestow­inge his saide dawghter into Scotlande: A matter sufficiēt inoughe to ouerthrowe all those cauellinge inuentions of the aduersa­rie. For what time kinge Iames the fowerth sen [...]e his ambassadour to kinge Henrie the seauenthe to obteine his good vvill to es­pouse the saide Ladie Margaret, Polid. 26. there were of his counsaile not ignorante of the lawes and customes of the realme, Kinge H. vvith his cownsaile ys a good interp̄tour of our pre­sent cause. that did not vvell like vppon the saide mariage, sayenge yt might so fall ovvte, that the right ād title of the crovvne might be deuolued to the Ladie Margaret and her children: And the realme thereby might be subiecte to Scot­lande. To the vvhich the prudente and wise [Page 81] kinge ansvvered, that in case any suche de­uolution shoulde happen, yt vvolde be no­thinge preiudiciall to Englande: For En­glande as the cheif and principall and wor­thieste parte of the Isle, shoulde drawe Scot lande to yt, as yt did Normandie from the time of the cōqueste: vvhiche ansvvere was vvonderfullie vvell liked of all the coun­saile. And so cōsequentlie the mariage toke effecte, as appearethe by Polidor the histo­riogropher of this realme: And suche a one as vvrote the actes of the time by the in­structiō of the kinge him self. I saye thē the vvise worthy Salomō foreseinge that suche deuolutiō might happen, was an interpreta­tour with his prudent and sage consayle for our cause, for eles they neaded not to reasō of any suche subiection to Scotlande. Yf the children of the Ladye Margaret might not lavvfullie inherite the crovvne of En­glande: For as to her husbande vve coulde not be subiecte, hauinge him self no right by this mariage to the title of the crovvne of this realme. Where vpon I maye well in­ferre that the saide nevve maxime of theis men (whereby they wolde rule and ouer rule the succession of Princes) was not knowen to the saide wise kinge, neither to [Page] any of his counsaile: Or yf yt were, yet was yt taken not to reache to hys bloudd royall borne in Scotlande. And so on everie side the title of Quene Marye ys assuerid: So that nowe by this that we haue saide, yt maye easelie be seen, by what light and [...]klender consideration, the adversarie hathe gone abowte to straine the wordes, Enfants or childrē to the first degre onlie. Of the like weight ys his other consideration, image­ninge ād surmisinge this statute to be made by cawse the kinge had so manye occasions to be so often over the sea vvith his spowse the Quene. As thowghe diuers kinges be­fore him vsed not often to passe over the seas? As thowghe this were a personall sta­tute made of speciall purpose, and not to be taken as a declaration of the cōmon lawe: Whiche to saie ys moste directlie repugnā ­te and contrarious to the letter of the saide statute: Or as thowghe his children also did not verie often repayre to owterwarde con­treies, as Iohn̄ of Gawnte Duke of Lancas­ter, Polid Po­lychr, Fro­serd. that Maried Peters the kinge of castil­les eldest dawghter, by whose right he claimed the crovne of castill, as his brother Edmunde, The ma­riages of k. E. 3. sones. Erle of camebridge that maried the yongeste dawghter, as lionell Duke [Page 82] of clarence that maried at Millain Violane Dawghter and heire to Galiatius Duke of Millan, But especiallie Prince Edwar­de whiche most victoriouslie toke in battaile Iohn̄ the Frenche kinge, and browght hym into Englande his prisoner to the greate triumphe and reioicinge of the realme, whose eldest sonne Edwarde that died in shorte time after, was borne be­yonde the seas in Gascoigne, and his other sonne Richarde that succeded hys grand­father was borne at Burdeauxe. As theis noble kinge Edwardes sonnes Married withe forrainers: So did theye giue ovvte theire dawghters in Mariage to forraine Princes. As the Duke of Lancaster his dawghter Philippe to the kinge of Por­tingale, and his dawghter Katherin to the Kinge of Spaine, And his nece Iohā dawghter to his sonne Erle of Somersett was ioined in mariage to the Kinge of Scottes, Iohā dawghter to his brother Th [...] mas of Wodstocke Duke of Glōcester was Quene of Spaine, And his other dawghter Marie Duches of Bretaigne. Nowe by thys mans interpretation none of the issewe of all theis noble womē, coulde have enioyed the crowne of Englande, whē yt had fallen [Page] to them (thowghe they had bene of the nea­reste royall bloudd) after the deathe of theire Auncesters. Which suerlie had bene against the auncient [...] presidentes and ex­amples that we have declared, and against the cōmon lawe, The which must not be thowght by this statute any thinge taken awaye, but onlie declared, and against all good reason also. For as we wolde haue thowght this realme greatelie iniured yf yt had bene defrawded of Spaine or any of the foresaide contreies, beinge devolued to the same by the foresaide mariages, As we thincke our self at this daie iniured for the with holdinge of France: so the issewe of the foresaide noble womē might ād wolde have thowght them hardly and iniuriouslie handled, yf any suche case had happened. Neither suche frivelouse interpretation & gloses, as this man nowe framethe and ma­kethe vpon the statute, Wolde then haue served, nor nowe will serve. But of all other hys frivelouse and folishe ghessinge vpon the cause of the statute for Enfans du Roy, A fōde i­maginatiō of the ad [...] sarie of the statute 25. [...]. 3. there [...]s one moste fōde of all, for he wol­de make vs beleave, suche ys the mās skyll, that this statute towchinge Enfants du Roy, was made for the greate bowbte [Page 83] more in them then in other persōs tovvch­inge theire inheritāce to theire Auncesters. For beinge then a maxime (saieth he) in the lavve, that none coulde inherite to his Aun­cesters, beinge not of father ād mother vn­der the obedience of the kinge: seinge the kinge him self coulde not be vnder the o­bediēce, yt plainlie seamed that the kinges childrē vvere of farre vvorse conditiō then others, and quite excluded. And therefore he sayethe that this statute vvas not to geue them any other priuilege, but to make thē equall vvith other. And that therefore this statute tovvchinge the kinges children, ys rather in the superficiall parte of the vvorde then in effecte. Nowe amōge other thinges he saiethe (as vve haue shevved before) that this vvorde Enfants du Roy in this statute mentioned, muste be taken for the childrē of the first degree, Whiche he seamethe to proue by an note taken ovvte of maistre Rastall. There was no dovbte made off the kinges children borne be­yonde the seas. But to this vve ansvvere that this man svvetly dreamed, vvhen he imagined this fonde and fantasticall exposition: And that he shevvethe him selfe a verie Infante in lawe and reasō: For this was no Maxime, or at leaste not so certaine before the ma­kinge of this statute, vvhiche geauethe no [Page] nevve right to the kinges children, nor an­swerethe any dowbte towchinge them and theire inheritance: But saiethe that the lawe of the crovvne of Englande ys and alwayes hathe bene, vvhich lavve sayethe the kinge, saye the lordes, saye the cōmons, we allowe and affirme for euer, that the kinges chil­dren shalbe hable to inherite the landes of theire Auncesters, vvhere so euer they be borne. All the dovvbte vvas for other per­sons, as appearethe euidētlie by the tenour of the Statute, vvhether by the cōmō lavve (they beinge borne ovvte of the allegeāce) vvhere heritable to theire Auncesters. And yt appearethe that the aduersarie ys driuen to the harde vvall, vvhen he ys fayne to catche holde vpon a felye poore marginall note of Maistre Rastall, of the kinges chil­dren, and not of the kinges childres chil­dren. Whiche yet nothinge at all seruethe his purpose towchinge this Statute. But he or the printer, or who soeuer he be, As he draweth ovvte of the texte manye other notes of the matter therein comprised: So vpon theis frenche vvordes Les Enfants du Roy, he noteth in the margente the kinges children: But howe farre that vvorde rea­chethe he sayethe neither more nor lesse: [Page 84] Neither yt ys any thinge preiudiciall to the saide Quenes right or title. Whether the saide vvordes Infantes owght to be taken stritkelie for the first degree, or farther en­larged. For yf this statute towchethe onlie the successiō of the kinges childrē to theire Auncesters for other inheritāce, ād not for the crowne (as moste men take yt) ād as yt maye be as we have saide verye well taken and allowed. Then doth this supposed Ma­xime of forraine borne, that seameth to be gathered owte of this statute nothinge a­noye or hinder the Quene of Scottes title to the crowne, as not ther to apꝑteininge. On the other side if by the inheritāce of the kinges childrē, the crowne also ys mēte, yet neither maye we ēforce the rule of forraine borne, vpō the kinges childrē, Which are by the expresse wordes ī the Statute excepted: Neither īforce the worde Enfās to the first degree only; Thys sta­tute tow­chethe not the Quen [...] of Scottes as one not borne be­yonde the seas. For suche reasōs, presidētes, ād exāples, ād other ꝓuffes largely by vs before set forthe to the cōtrarie. Seīg that the right of the crovne fallinge vpō them, they maye well be called the kiges childrē, or at leaste childrē of the crowne. There ys also one o­ther cause why, thoughe this Statute reache to the crowne, ād maye ād owght to be ex­ded [Page] of the same, the saide Quene ys owte of the reache and compasse of the saide sta­tute. For the saide statute can not be vn­derstāded of any persons borne in Scotlāde or wales, but onlie of persons borne beyō ­de the sea owte of the allegeance of the kinge of Englande: That ys to witt France, Flawnders and suche like: For Englande, Scotlāde, and wales be all within one terri­torie, and not devided by any sea. And all olde recordes of the lawe concerninge ser­uice to be done ī those two contreyes, haue theys vvordes Infra quatu [...]r maria, within the fower seas, which must nedes be vnder­stande in Scotlande and vvales, asvvell as in Englande, by cavvse they be all with in one continente, compassed vvithe fower seas. And likevvise be manye Anciente statutes of this realme written in the Norman fren­che, Whiche have theis vvordes Deins lez quatre mers, that ys vvithin the fower seas. Now concerninge this statute, the title of the same ys, of those that are borne beyōde the sea, the dowbte moved in the corps of the saide Statute, ys also of children borne beyonde the sea owte of the alleageance, with diuers other branches of the Statute tendinge that vvaye. Whereby yt seamethe [Page 85] that no parte of the Statute tovchethe theis that are borne in wales or Scotlande. Vide statuta vvallie in magna carta. And albeyt at this time, and before in the reigne of Edwarde the firste, Vvales vvas vn­der the al­legeāce of Englande before yt vvas vni­ted to the cr [...]nve. wales vvas fullie re­duced, anexed, ād vnyted to the proper do­minion of Englande: yet was yt before sub­iected to the crowne and kinge of Englan­de, as to the lorde and Seignour, aswell as Scotlande. Wherefore yf this Statute had bene made before the time of the saide Edwarde the firste, yt seamethe that yt coul­de not haue bene stretched to wales, no­more then yt can novve to Scotlande. I do not therefore a litke marvaile, that ever this man for pure shame coulde finde in his harte so childishelie to wrangle vppon this vvorde Enfants, and so openlie to detorte, deprave, and corrupte the common lawe and the actes of parliamente. And thus maye you see, gentle Reader, that nothinge can be gathered eyther ovvte of the saide supposed generall rule or Maxime, or of any other rule or principle of the lawe, that by any good and reasonable construction can seame to impugne the title of the saide Ladye Marye nowe Quene of Scottes, of and to the crowne of this realme of Englande, as ys aforesaide. [Page] We are therefore nowe laste of all to con­sider, Whether there be any statute or acte of parliamente, that dothe seame either to take awaye or preiudice the title of th [...] saide Ladie Marie. And by cavse tovchinge the foresaide mentionedd Statute of the 25. yeare of kinge Edvvarde the thirde, beinge onlie a declaration of the common lavve, we haue alredie sufficiētlie answered▪ We will passe yt over, and consider vpon the Statute of 28. & 36. of kinge Henry the eight, beinge the onlie shoteanker of all the adversaries, Whether there be any mat­ter therein conteined or dependinge vpon the same, that can by any meanes destroy [...] or hurte the title of the saide Ladie Marie Quene of Scotlande to the succession of the crovvne of Englande. The statu­tes of kīge H. 8. tow­chinge the succession of the crovvne. Yt dothe appea­re by the saide Statute of 28. of kinge Hē ­rie the eight, that there was a [...]cthorie gea­ven him by the same to declare, limitte, ap­pointe, and assigne the succession of the crowne by hys lettres patentes, or by hys laste will signed with his owne hande. Yt appearethe also by the foresaide Statute made 35. of the saide kinge, that yt vvas by the same enacted, that the crowne of this realme shoulde goe and be to the saide [Page 86] kinge and to the heires of his bodie law­fullie begotten, that ys to saye, vnto hys hyghnes firste sonne of his bodie betwene him and the Ladie Iane then hys vvife, be­gotten: and for defaulte of suche issewe, then vnto the Ladie Marie his dawghter, and to the heires of her bodie lawfullie begotten. And for defaulte of suche issewe, thē vnto the Ladie Elizabeth his dawghter our Souereigne Ladie the Quenes Maiestie that nowe ys, and to the heires of her Ma­iesties Bodie Lawfullie begotten. And for defaulte of suche issewe, vnto suche person or ꝑsons in remaynder or reversiō, as shoul­de please our late Sovereigne Lorde kinge Henrie the eight, and accordinge to suche estate, and after suche manner, order, and cōdition, as shoulde be expressed, declared, named and limited in his highnes lettres patentes, or by his laste will in vvritinge, seigned vvith his owne hande. By vertue of whiche saide acte of parliamente the ad­uersaries do alleage, that the saide late kīge Hērie the eight afterwarde by his laste will in writīge signed with hys owne hāde, did ordaine and appointe, that yf yt happen the saide Prince Edwarde, Ladie Marye, and Ladie Elizabethe to dye withowte issewe of [Page] theire bodies lavvfullie begotten, then the crovvne of this realme of Englāde, shoulde goo and remayne vnto the heires of the bo­die of the Ladie Fraunces his nece, and the eldeste davvghter of the Franche Quene. And for defaulte of suche issevve to the heires of the bodie of the Ladie Elenour his neece seconde dawghter to the Frenche Quene lavvfullie begotten. And yf yt hap­pened the saide Ladye Elenour to die with­ovvte issevve of her bodye lawfullie begot­ten, to remaine and come to the next right­full heires. Wher vpon the aduesaries do inferre, that the succession of the crovvne ovvght to goo to the children of the saide Ladie Frances, and to theire heires accor­dinge to the saide supposed vvill of our late Souereigne Lorde kinge Henrie the eight: And not vnto the Ladie Marie Quene of Scottes that novve ys. [...]n āswere to the fore­ [...]ide sta­tutes. To this yt ys on the behalf of the saide Ladie Marie Quene of Scotlande amonge other thinges asvvered, that kinge Henrie the eight neuer signed the pretensed vvill vvith his owne hande: And that therefore the saide vvill can not be any whitte p̄iudiciall to the saide Quene. Against vvhiche ansvvere for the defence and vpholdinge of the saide vvill, yt ys re­plied [Page 87] by the aduersaries, Firste that there vvere diuers copies of his vvill fovvnde sig­ned with his owne hande, The effec­te of the aduersari­es Argu­mētes for the exclu­sion of the Q. of Scots by a p̄ten­sed will of kin. H. 8. or at the leaste wise enterlined, and some for the moste ꝑte vvrittē withe his owne hande: Owte of the vvhich yt ys likelie that the originall vvill cōmonlie called kinge Henrie the eightes will was taken, ād fayer drawē owte. Then that there be greate ād vehemēte presump­tions, that for the fatherlie loue that he bare to the common vvealthe, and for the auoidinge of the vncertentie of the succes­sion, he vvell liked vpon and accepted the auctoritie geauen him by parliament, and signed with his owne hande the saide ori­ginall vvill, which had the saide limitation ād assignatiō of the crowne. And theis pre­sumptions are the more enforced, for that he had no cause vvhie he shoulde beare any affectiō either to the saide Quene of Scot­lāde, or to the Ladie Lenneux: And hauinge with all no cause to be greaued or offended vvithe his sisters the frenche Quenes children, But to putt the matter quite owte of all ambiguitie and dowbte. Yt appeare the (they saye) that there were eleuen witnesses purposelie calledd by the kinge, Who were presente at the signinge of the saide will, ād [Page] subscribed theire names to the same. Yea the cheif lordes of the coūsaile were made ād appointed executours of the saide will: And they ād other had greate legaties gea­uē thē in the saide will, vvhich vvere paide, and other thinges cōprised in the vvill ac­cōplisshed accordinglie. There passed also purchases ād lettres patētes betwene kinge Edwarde and the executours of the saide vvill and others, for the execution and per­formance of the same. Finallie the saide te­stamente was recorded in the chauncerie. Wherefore they affirme that there owght no manner of dowbte move any mā to the cōtrarie. And that either we muste graunte this will to be signed vvith his hāde, or that he made no vvill at all: Bothe muste be grā ­ted, or bothe denied. Yf any will denye yt in case he be one of the vvitnesses, he shall impugne his owne testimony: Yf he be one of the executours, he shall ouerthrowe the fowndation of all his doinges, in ꝓcuringe the saide will to be inrolled, and sett forthe vnder the greate seale. And so by theyr dub­blenes they shall make thē selues no mete witnesses. Nowe a mā can not ligthlie ima­gine how any other besids theis two kīdes of witnesses (for some of thē, ād of the exe­cutours [Page 88] were suche as were cōtinually way­tinge vpō the kinges ꝑson) maye impugne this will, and proue that the kinge did not signe the same, but yf anie suche impugne the saide will, Yt vvolde be cōsidered howe manye they are, ād vvhat theire are: And yt wilbe verye harde to proue Negatiuam facto. But yt ys euidēte saye theye, that there was neuer any suche lawfull prouffe againste the saide will ꝓducted. For yf yt had bene, yt wolde haue bene publisshed in the starre chamber, preached at Pawles crosse, de­clared by acte of parliamente, proclaymed in euerie quarter of the realme. Yea admit­tinge saye they, that yt were proued that the saide pretensed will lacked the kinges hāde, yet neuerthelesse saye they, the verye copies we haue spoken of, beinge writtē & signed, or at leaste interlined with his owne hande, maye be saide a sufficiente signinge with his owne hande. For seinge the scope and finall purpose of the statute vvas, to haue the succession prouided for, and as­serteined, which ys sufficientlie done in the saide vvill: And seinge his ovvne hande was required, but onlie for eschevvinge euill ād sinister dealinge, vvherof there is no sus­pition in this vvill to be gathered: What matter in the vvorlde, or vvhat differēce ys [Page] there, When the kinge fulfilled and accom­plished this gratious acte; that was loked for at his handes, Whether he signed the will vvith his ovvne hande or no. Yf yt be obiected that the kinge was obliged and bovvnde to a certaine precise order and forme, vvhiche he coulde in no vvise shifte, but that the acte withoute yt muste perishe, and be of no valewe, Then saie they, we vndoe vvhole ꝑliamētes, asvvell in Quene Maries time, as in kinge Henrie the eightes time. In Quene Maries time by cawse she omitted the stile appointed by parliamente Anno Henrici octaui tricefim [...] quinto. Ann. H. 8. 35. In kinge Henries time by reason there was a Statute that the kinges will absēte maye be geaven to an acte of parliamēt by hys lettres patē ­tes signed with his hande, Ann. H. 8. 33. 21. thowghe he be not there personallie. And yet did the saide kinge supplie full ofte hys consente by the stampe onlie. This yet not with standinge, the saide parliamentes for the omission of formes so exactelie and precisely appoin­ted, An an­svvere by the vvaye of reioyn­der to the same. are not distroied and disanulled. After this sort in effecte, Haue the aduersaries re­plied for the defence of the saide pretensed will. To this we will make our reioynder, and saye, Firste that our principall matter [Page 89] ys not to ioyne an issewe, whether the saide kinge made and ordeined any sufficiente will or noo, We leaue that to an other time: But whether he made any testamente in suche order and forme as the statute re­quire the. Wherefore yf yt be defectiue in the saide forme, as we affirme yt to be, were yt otherwise neuer so good and per­fecte, thowghe yt were exemplified by the greate seale, and recorded in the chaun­cerie, and taken cōmonlie for his will and so accomplished, yt ys nothinge to the prin­cipall question. Yt resteth then for vs to consider the weight of the aduersaries pre­sumptions, whereby they wolde enforce a probabilitie, that the testamente had the foresaide requisite forme: yet firste yt ys to be considered, what presumptions and of what force and nomber do occurre to auoide and frustrate the aduersaries pre­sumptions, and all other like. We saye then there occurre manye likelihoddes, Diuers p̄ ­sumptions ād reasons agaīst the supposed vvill. manye presumptions, manye greate and weightie reasons to make vs to thincke, that as the kinge neuer had good and iuste cause to mynde and entreprise suche an acte as ys pretended: So likewise he did entreprise no suche acte in deede. I denie not, but that [Page] their vvas suche auctoritie geauē him, neither denie but that he might also in some honorable sorte haue practised the same to the honour ād welthe of the realme, & to the good cō ­tētatiō of the same realme. But that he had either cause or did exercise the saide aucthoritie in suche strange ād dishonorable sorte, as ys p̄tēded, I plainlie denie. For beinge at the time of this p̄tensed will furniss [...]ed and adorned with issewe our late kīge Edward, ād ladie Marie late Quene, ād with our gra­ciouse souereigne Elizabeth, theire state ād successiō beinge also latelie by acte of ꝑla­mēte established, what nede or likelyhode was there for the kinge thē to practise such newe deuises, as neuer did (I suppose) any kinge in the realme before, ād fewe in any other beside. And vvhere they vvere practi­sed comonly had infortunate and lamen­table successe. What likeliehodd was there for him to practise suche deuises, especiallie in his later dayes when wisdome, the loue of God, and his realme shoulde haue bene most ripe in him? That were likely to sturre vppe a greater fier of greauouse contention and wofull distruction in Englande, Then euer did the deadlie factiō of the redd rose and the white, lately by the incorporation [Page 90] and vniō of the howses of yorke and Lan­caster, in the ꝑsō of his father throwghe the mariage of Ladie Elizabeth, eldeste dawgh­ter to kinge Edwarde the fowrth, most hap­pelie extinguished ād buried. And thowghe yt might be thowght or saide, that there wolde be no suche cause of feare, by reason the matter passed by parliamēte, yet coulde not he be ignorante that nether p̄liamētes made for Henrie the fowrthe, or continew­ance of two discentes (Which take no place in geuinge any title touchinge the crowne) in kinge Henrie the sixte, nor parliamentes made for kinge Richarde the thirde, nor ꝑ­liamentes of attaynder made againste his father, coulde either preiudice his fathers right or releue other againste suche, as pre­tēded iuste right and title, And as he coulde not be ignorante therof, so yt ys not to be thought, that he vvolde abuse the greate confidence putt vpon him by the parlia­mente, and disherite vvith ovvte any ap­parente cause, the next royall bloude, and thincke all thinges suer by the colour of a ꝑliamente. The litle force vvherof againste the right inheritour, he had to his fathers and his ovvne so ample benefitt, so latelie and so largelie seen and felte, and yet yf he [Page] mynded at any time to preiudice the sayde Ladye Marie Quene of Scotlande, of all times he wolde not haue done yt then, whē all his care vvas by all possible meanes to contriue and compasse a mariage betwene his sonne Edwarde, and the saide Ladie and Quene. Suerlie he vvas to vvise of him self, and vvas furnisshed vvithe to wise counsai­lours to take suche an homelie vvaye to ꝓ­cure ād purchasse the saide mariage by. And leste of all can vve saye he attempted that disshonorable disherison, for anye speciall inclination or fauour he bare to the frēche Quene his sisters children. For there haue bene of his nere and priuie counsaile, that haue reported, that the kinge neuer had any greate likinge of the mariage of his sister vvith the Duke of Suff. Who married her firste priuelie in Fraunce, ād afterwarde openlie in Englande (and as yt ys saide) had his pardon for the same priuie mariage in vvritinge. Howe soeuer this matter goethe certaine yt ys, that yf this pretensed vvill be trewe, he transferred and transposed the re­uersion of the crowne, not onlie from the Quene of Scotlande, from my Ladie Len­neux and theire issewe, but eauen from my Ladye Fraunces and my Ladie Elenour also [Page 91] dawghters to the Frenche Quene, vvhiche ys a thinge in a manner incredible, and the­refore nothinge likelie. I muste novve gen­tle reader putt the in remembrance of two other moste pregnante and notable con­iectures and presumptions, for amonge all other inconueniences and absurdities that doe and maye accompanye this rashe and vnaduised acte by thys pretensed vvill in­cōsideratelye mainteined, yt ys principallie to be noted, that this acte geuethe apparēte and iuste occasion of perpetuall disherison of the stile and title of Fraunce incorpora­ted ād vnited to the crowne of this realme. The suppo­sed vvyll ys p̄iudici­all to the crowne of Englande for the clayme of the crovne of France. For vvhereby do or haue the Frenche men hitherto excluded the kinges of this realme claymenge the crowne of Frāce by the title of Edvvarde the thirde, fallinge vpon hym by the right of his mother, then by a poli­tike and ciuill lavve of theire ovvne, that barrethe the female from the right of the crovvne? And vvhat dothe this pretensed acte of kinge Henrie, but iustifiethe and strengtheneth theire quarell, and ouer­throwethe the fowndation and bulworke, vvhereby vve mainteine our foresaide title and clayme? Yf we maye by our Municipall lavve exclude the saide Quene of Scotlāde, [Page] beynge called to this crovvne by the title of generall heritage. Then ys theire muni­cipall lawe likewise good and effectuall, ād consequentlie we do and haue made all this while an vniuste and wrongfull clayme to the crowne of Fraunce. But nowe to goe somewhat farther in the matter, or rather to come nerer home and to the quicke of the matter, we saye as there was some appa­rente ād good cause whie the kinge shoulde the twentie and eight yere of his reygne thyncke vpon some limitatiō and appoint­mente of the crowne (kinge Edwarde as yet vnborne) so after he was borne, and that the title and intereste of the reuersion of the crowne after him was the thirtie and fifte yeare by parlamente confirmed to the late Quene Marie, and our gratiouse Soue­reigne Elizabethe: Yt ys not to be thowght that he wolde afterwarde ieperde so greate a matter by a testamente and vvill, vvhiche maye easelie be altered and counterfeited. And leaste of all make suche assignation of the crowne, as ys nowe pretended. For beinge a Prince of suche wisdome and ex­perience he coulde not be ignorante, that this was the nexte and redieste waye to putt the state, at leaste of bothe his dawghters [Page 92] to greate perill and vtter disherison. This sup­posed will geauethe occasion of ambitious aspiringe. For the kinges example and boldnes in interrup­tinge and cuttinge awaye so manye bran­ches of the nereste syde & line, might sone brede in aspiringe and ambitious hartes a bolde and wicked attempte, the vvaye be­inge so farre browght in and prepared to theire handes by the kinge him self, and theire natures so redie and prone to fol­lowe euill presidentes, and to clīme highe by some colorable meanes or other, to spoile and depriue the saide dawghters of theyre right of the crowne, that shoulde discende and fall vpon them: And to con­uey the same to the heires of the saide La­dye Fraunces. And did not, I praye you this drifte & deuise fall owre eauen so, tendinge to the vtter exclusion of the late Quene Marie, and our gratious Souereigne Eliza­bethe: Yf God had not of his greate mer­cie moste gratiouslie and wonderfullie re­pressed & ouerthroune the same? Theis rea­sons then and p̄sumptions maye seame well hable & sufficiēte to beare dovne, to breake ād ouerthrowe the weke ād slēder p̄sump­tions of the aduersaries, grownded vpō vn­certaine and mere surmises, ghesses, and cō ­iectures, as amonge other, that the kinge [Page] vvas offended vvith the Quene of Scotlāde and vvith the ladye Lenneux: vvhich ys not trevve. And as for the ladye Lenneux, yt hathe no manner of ꝓbabilitie: As yt hathe not in deede in the saide Quene. And yf yt had, yet yt ys as probable and muche more probable, that the kinge vvolde haue espe­ciallie at that time, for suche cavvse as vve haue declared, suppressed the same displea­sure, Graūtinge nowe that there were some suche displeasure, vvas yt honorable either for the kinge or the realme, or vvas yt thincke ye euer thovvght by the parliamēt that the kinge shoulde disherite them for euerie light displeasure? And yf as the ad­uersaries confesse the kinge had no cavvse to be offended vvith the Frenche Quenes children, vvhy did he disherite the Ladye Fraunces, ād the Ladye Elenour also? Theire other presumption vvhich they grownde vpon the auoydinge of the vncertaintie of the succession by reason of his vvill, The suc­cession to the croune ys more vncertai­ne by the supposed will then before. ys of small force, and rather turnethe againste them: For yt ys so farre of, that by this mea­nes the succession ys made more certaine and suer, that contrarie vvise yt ys subiecte to more vncertentie ād to lesse suertie then before. For vvhere as before the right and [Page 93] claime to the crovvne honge vpon ordina­rie and certaine covvrse of common lavve, vpon the certaine and assuerid right of the royall and vnspotted bloude: Yea vpon the verie lavve of nature (vvhereby manye in­conueniences, manye troubles, dangers ād seditions are in all contreyes politikelie a­voided), There ys muchefor­gerie and counterfeyting of tes­tamentes. So nowe dependinge vpon statute onlie, yt ys as easie by an other stature to be infringed and ouerthrovvne: And depen­dinge vpon a testamēte, ys subiect to manye corruptiōs, sinister dealinges, cauillacions, yea and iuste ouerthrovves by the dishabili­ty of the testatour, vvitnesses, or the legato­rie him self, or for lacke of dewe order to be obserued, or by the deathe of the vvit­nesses vnexamined, ād for many other like considerations. The monumentes of all an­tiquitie, the memorie of all ages, and of our ovvne age, and daylie experience can tell ād shevve vs manye lamentable examples of manye a good and lavvfull testamente by vndevve and craftie meanes, by false and suborned vvitnesses, Valerius Maximus dedict. & fact. lib. 9 cap. 4. by the couuetous bea­ringe and maintenance of suche as be in auctoritie quite vndone and ouerthrovvne. Wherefore. Valerius Maximus crie the owte againste, M. Crassus and Q. Hortensuis lumina [Page] curiae, ornamenta fori, Quod scelus vindicare de­buerant, lucri captura inuitati suis authoritatibus texerint. This presumption then of the ad­uersaries rather maketh for vs, and minis­trethe to vs good occasion to thincke that the kinge vvolde not hasarde the vveight and importance of suche a matter, to reste vppon the validitie or inualiditie of a bare testamēte onlie. By this that vve haue saide, we maye probablely gather, that the kinge had no cause to aduenture so greate an en­terprise by a bare vvill and testamente. Ye shall nowe heare also vvhie vve thincke he did neuer attempte or entreprise any suche thinge. Yt ys vvell knowen, the kinge vvas not vvonte lightlie to ouerslippe the occa­sion of any greate commoditie presentlie offered: And yet this not vvithstādinge ha­uinge geuen to him by acte of parliamēte, the orderinge and disposition of all chaun­tries and colledges, He did neuer or verye litle practise & execute this aucthorité. And shall vve thincke (oneles full and sufficient proufe necessarilie enforce our creditt) that the kinge to his no presēte comoditie and aduantage: but yet to his greate dishonour, to the greate obloquie of his subiectes, and other cōtreyes, to the notable disherison of [Page 94] so manye of the nexte royall bloude, did vse any suche aucthoritie, as ys surmised? Againe yf he had made any suche assignati­on: In this supposed will ys no con­dition for the mari­age of theyres of the Ladie Frā ­ces, as is for the kī ­ges ovvne davvgh­ters. Who dowbtethe but that as he condi­tioned in the saide pretensed vvill, vvith his noble dawghters to marrie vvith his coun­sailes aduice, either elles not to enioye the benefitt of the succession: He vvolde haue tied the saide Ladie Fraunces and Ladie E­lenours heires to the same condition. Far­thermore, I am driuen to thincke, that there passed no suche limitatiō by the saide kinge Henries vvill, by reason there ys not, nor vvas theis manye yeares any originall copie therof, nor any authenticall recorde in the chauncerie or elles vvhere to be shewed in all Englande, as the aduersaries them selues confesse, and in the copies that be spredd a­brode, the vvitnesses pretended to be pre­sente at the signinge of the saide vvill be suche for the meanenes of theire state of the one side, and for the greatenes and vveight of the cause on the other side, as se­ame not the most sufficiēte for suche a case. The importance of the cause beinge no lesse, then the disherison of so manye heires of the crowne, As vvell from the one sister as from the other, requirid and craued some one or other of the priuie counsaile, [Page] or some one honorable and notable ꝑson to haue bene p̄sente at the sayd signinge: or that some notification shoulde haue bene made aftervvarde to suche persons by the kinge him self, or at leaste before some no­tarie and authenticall person, for the better strengtheninge of the saide will. Heare ys nowe farther to be considered, that seinge the intereste to the crowne ys become a plaine testamētarie matter and claime, and dependethe vpon a laste will, when and be­fore what ordinarie this will was exhibited allowed and proued? Where and of whome toke the executours theire othe for the trewe performance of the will. No order taken for the ꝓbatiō of the sup­posed will. Who com­mitted to them the administration of the kinges goodes ād chatttelles. When and to whome haue they browght in the inuēto­rie of the same, Who examined the vvit­nesses vpon theire othe for the tenour and trevvthe of the saide testamente. Namelie vpon the signement of the kinges hande, wherein onlie consistethe the vveight of no lesse, then of the crowne yt self: Where or in what spirituall or temporall cowrte maye one finde theire depositions. But yt were a verie harde thinge to finde that, that as farre as men can learne neuer was. And [Page 95] yet yf the matter were so plaine, so good, and so sownde, as theis mē beare vs in hāde, yf the originall testament had bene suche as might haue bydden the towchestone, the triall, the light and the sight of the worlde: Whie did not theye that enioyed moste cō ­moditie thereby, ād for the swaye and auc­toritie they bare, might and owght beste to haue done yt, take cōuenyent ād suer order, that the originall might haue bene dewlie and saufelie preserued, or at the leaste, the ordinarie probate which ys in euerie poore mans testamēte diligentlie obserued, might haue bene procured or seen? One or other authenticall instrumente therof reserued? The ad [...]saries thē selues see well inowghe, yea and are fayne to cōfesse theis defectes, but to helpe this micheif they wolde faine haue the enrolemente in the chauncerie to be taken for a sufficiente probate, The enrol­lement in the chaun­cerie ys n [...] probation. by cawse as they saye, bothe the spirituall and tempo­rall auctoritie did concurre in the kinges ꝑ­son. Yet do they knowe well inowghe that this plaister will not cure the sore, And that this is but a pore helpe ād shifte. For neither the l [...]es patentes, nor the enrolemēte maye in any wise be cownted a sufficiēte probate. The chauncerie ys not the cowrte or ordi­narie [Page] place for the probate of vvilles, not the rolles for recordinges the same. Bothe muste be done in the spirituall cowrtes, vvhere the executours also muste be imple­aded, and geue theire accompte, vvhere the weakenes or strengthe of the will muste be tried, the witnesses examined. Finallie the probate and all other thinges therto requisite dispatched: or yf yt maye be done by any other person, yet muste his auctho­ritie be shewed, the probate and all thinges muste be done accordingelie. And amonge other thinges the vsuall clause of Saluo iure cuiuscunque muste not be omitted. Whiche thinges, I ame assuerid, the recordīge in the chauncerie can not importe, but this cautiō and prouiso of Saluo iure cuiuscunque (which ys moste cōformable to all lawe & reason) did litle serue some mens turne. And there­fore there was an other caution and ꝓuiso, that thowghe the poorest mās testamēte in all Englād hath this prouiso, at the ꝓbate of the same, yet for this testamēte the weighty este, I trowe, that euer was made in Englād, no suche probate or clawse can be fownde either in the one or the other cowrte: Yet we nedes muste, all this not with stādinge, be borne in hande and borne downe, that [Page 96] there was a testamente and wyll formablie framed accordinge to the purpose and ef­fecte of the statute: Yet muste the right of the imperiall crowne of Englande be con­veyed and carried awaye with the colour and shadowe onlie of a will, I saye the sha­dowe onlie, by reason of an other con­iecture and presumption vvhiche I shall tell you of. Which ys so liuelie and effec­tuall, that I verelie suppose yt wilbe verye harde for any man by any good and pro­bable reason, to answere and auoyde the same: And ys so importante and vehement, that this onlie might seame vtterlie to destroye all the aduersaries coniecturall prouffes, concerninge the maintenance of this supposed will. We saye therefore and affirme, that in case there had bene any good and suer helpe and hand faste, to take and holde the crowne for the heires of the Ladie Frances by the saide will, that the faction that vniustlie intruded the La­die Iane eldest dawghter to the saide Ladye Frances, to the possession of the crowne: vvolde neuer haue omitted to take, receaue, and embrace the occasiō and benefitt therof, to them presentlie offered. [Page] They neyther wolde nor coulde haue ben [...] driuen to so harde ād bare a shifte, as to co­lour theire vsurpatiō against the late Quene Marie onlie and our gratious Souereigne Elizabethe, A greate p̄sumptiō agaīste the supposed vvill, for that the late pre­tensed Q. Iane, did not vse the benefitt of the same agaīst the Quene of Sco [...]es and others. withe the lettres patentes of kinge Edwarde the sixte, and with the con­sent of suche as they had p [...]ocurid. Whiche kinge by lawe had no auctoritie (as yt ys notoriouse) to make any limitation and as­signatiō of the crowne, otherwise then the cōmon lawe dothe dispose yt. Yt was neade for them I saye, as they procured suche lr̄es patentes, so to haue sett forthe also the saide pretensed will, yf there had bene then any suche will in deede sufficientlie and dewlie to be ꝓued, as ys nowe surmised there was. The recorde of the saide surmised will was in the chauncerie, whiche they might haue vsed with the pretensed witnesses, and with the originall pretensed will, and with all other thinges therto belonginge to theire beste aduantage. Yt can not be thowght, that either they were ignorāte of yt, or that they wolde forbeare and forgoe so greate a commoditie offered, and suche a plausible pretexte of theire pretensed vsurpatiō bea­ringe the countenance & auctoritie of the kinges will, and of the whole parliament [...] [Page 97] for the exclusion of the Quene of Scottes and others of the nearer royall bloud▪ Ney­ther can yt be saide, that the lettres patētes were made as yt were for a stronger corro­boration and confirmatiō onlie of the saide p̄tensed will. For that there is not so muche as one worde in theire whole pretensed ꝓ­clamation for the supposed right of the saide Ladie lane by the force of that surmi­sed will, See the ꝓ­clamation made the fiuetēth of Iulie the first yere of her p̄tēsed reygne. Whereby yt might any thinge ap­peare, that kinge Hērie the eight made any manner of limitation or assignation of the crowne to the heires of the saide Ladie Frā ­ces. Wherevpon yt maye well be gathered, that either they knewe of no suche limita­tion to the children of the Ladie Frances by the saide supposed will, or toke yt to be suche as coulde geue no good and lawfull force and strengthe to aide and mainteine theire vsurpatiō, for the manifeste forgerie of the same. And therefore they purposelie (for ignorāce can not be pretēded in them) kepte backe ād suppressed in the saide Ir̄es patentes, this pretensed limitation surmised to be made for the children of the saide La­dye Fraunces, which neuerthelesse the ad­uersaries do nowe vvithe so greate and ve­hemente asseueration blowe into all mens [Page] eares. Wiche ys vtterlie reiected and over­throwē and yt were by nothinge elles, but by this proclamatiō for the pretensed title of the saide Ladie Iane. So that we neade to travaile no farther for any more prouf a­gainste the saide asseueratiō. But yet in case any man do loke for any other and more persuasion and prouff, which as I saide nea­de not, (Ô the greate providence of God, ô his greate favour and goodnes to this real­me, of the Whiche yt hathe bene saied, Re­gnum Anglie est regnum Dei, Polyd. l. 8. And that God hathe ever had a speciall care of yt, ô his greate goodnes, I saie to this realme even in this case also) for he hathe opened and browght to light the verie trewthe of the Matter. Whiche ys burste owte, thowghe never so craftelie suppresed and kepte vn­der. We saye then that the kinge never si­gned the pretēsed will with hys owne hāde neither do we saye yt by bare heare saie, or gather yt by our former coniectures and presumptiōs onlie, thowge verie effectuall and probable, but by good and hable wit­nesses that avouche and iustifie of theire owne certaine knowledge, that the Stampe onlie was put to the saide will, and that even when the kinge him self was nowe deade. [Page 98] ordinīge and paste all remembraunce, the Lorde Pagett beinge one of the privie con­saile with Quene Marie, of his owne free will ād godlie motiō for the honour of the realme, for reverence of trewthe & iustice, thowghe in the facte hym self culpable, ād in a manner thereto by greate aucthorite forced, The forge­rie of this supposed will, dis­closed before the ꝑle­mēt by the. L. Pagett. did firste of all mē disclose the mat­ter. Firste to the sayde counsaile, ād then be­fore the whole parliamēte. Syre Edwarde Montegewe also the cheif Iustice, that was privie and presente at the saide doinges, did confesse the same as well before the coun­saile, as before the parliamēte. Yea william Clarke ascribed amonge other pretensed witnesses, cōfessed the p̄misses to be trewe. And that him self putt the stampe to the saide vvill, and afterwarde purchased his charter of pardon for the saide facte. Vpon the vvhich depositions vvell and aduisedlie vveyed and pondered, Quene Marie vvith the aduice of her counsaile, to the honour of God and this realme, to the maintenāce of trewthe and iustice, and the righfull suc­cession of the crowne, for the eschewenge of manye fowle mischeyffes that might vpon this forgerie ensewe, cawsed the re­corde of the saide forged will remayninge in the chauncerie to be cancelled defaced [Page] and abolished, A vvor­thie deede for a Prīce to cancell false re­ [...]ordes▪ as not worthie to remaine a­monge the trewe and sincere recordes of this noble realme. Whiche her noble facte deseruethe imortalitie of eternall prayse ād fame: No lesse thē the facte of the Romai­nes that abolisshed the name and memorie of the Tarquinians, for the fowle acte of Sextus Tarquinius in defilinge Lucrecia: No lesse then the facte of the Ephesians, Cice. 3. off. who made a law, that the name of the wic­ked Erostratus shoulde neuer be recorded in the bookes of anye theire historiogra­phers. No lesse then the facte of the fame­lie of the Manlians at Rome, takinge a so­solempne othe, that none amonge them shoulde euer be called capitolinus, by cause M. Manlius Capitalinus had sowght to op­presse his contreye with tyrannie. Suëton. de viris illu­str. And to come nerer home, no lesse then our fore­fathers deserued, which quite rased owte of the yeares and times, the memorie and name of the wicked Apostates Osricus and Eanfridꝰ, [...]ed. lib. 3. histor. ec­c [...]ie. ca. 1. numbringe theire tyme vnder the reigne of the good kinge Oswaldus. The aduersaries therefore are muche to be bla­med, goinge abowte to staine ād blotte the memorie of the saide Quene and magistra­tes, as thowghe they had done this thinge [Page 99] disorderlie, and as thowghe there had bene some speciall commoditie therein to them whi [...]h is apparentlie false, for as the saide abolition vvas nothinge beneficiall to other magistrates: So yf yt had bene à trewe and an vndowbted will, the saide Quene wolde never haue caused yt to be cancelled, aswell for her honour and con­science sake, as for priuate respecte, seinge her owne royall estate was by the same sett forthe and confirmed. Yet wolde they fayne blemishe & disgrace the testimonye of the saide lorde Pagett, and Sir Edwarde Montigewe, they sett agaynste them eleven wytnesses, thynckinge to matche and over­matche them with the nombre. But heare yt muste be remēbred, that thowghe they be eleven, yet they are to slēder and weake for the weyght and importance of the matter. l. Test. ff. de testib. l. Ob car­men ibid. Yt ys agayne to be remembred that of­ten times the lawe dothe aswell wey the creditt, as nomber the persons of the wyt­nesses, Alías (sayeth Calistratus) numerus, alías dignitas & authoritas, confirmat rei de qua agi­tur fidem. Accordynge to this saiet halso Arcadius. (confirmabit iudex motum animi sui ex ar­gumentis & testimonijs que rei aptiora & vero proximiora esse compererit, non enim ad multitudi­nem [Page] respicere oportet, sed ad sinceram testimoniorū fidem, & testimonia quibus potius lux veritatis assistit. Yt hathe not lightlie bene harde or seen, that men of suche state and vocation in so greate & weightie a cause, wolde incurre firste the displeasure of God, thē of theire Prī [...]e, ād of some other of the beste sorte yf theire depositiōs were vntrewe, and wolde purchase thē selffes dishonour, slaunder, and infamie. Yea disclose theire owne shame to theire owne no manner of weye hoped cō ­moditie, nor to the commoditie of other theire frendes, or discōmoditie ād hurte of theire enemies. This sufficiētlie dothe pur­ge them, I will not saye of theire facte and faulte, yet from all sinister suspition for this theire deposition and testimonie: theire de­positiō proceadinge, as yt plainlie seame the from no affection, corruptiō or parcialitie, but from a zeale to the trewthe, and to the honour of the realme. And thowghe par­chance yf they had bene therof iudiciallie cōuicted and condempned, No iuste cause to rep [...]ll the testimonie of the Lorde Pagett ād others. and had not by devve penaunce thē selves reformed, some exceptions might have bene layed againste thē by any ꝑtieie iudiciallie convicted for his better advantage. Yet as the case standethe nowe, there ys no cawse in the worlde to [Page 100] discredit theire testimonie: Yea and by the vvaye of accusation also suche persons as be otherwise dishablet, are in treason, ād other publike matters tovvchinge the state enha­bled bothe to accuse and testifie. l. famosi ff. ad l [...]ul maresci. l. mulier. ff. de accusa. As for the eleven vvitnesses, the beste of them, Syre Iohan Gates, we knovve by what meanes ys departed owte of this life. One other the saide willim Clarke ys so gone from them, that he geveth good cause to misdeame and mistruste the Whole matter. Hovve manie of the residevve live I knovve not. To whō parchance some thinge might be saide yf vve ons knowe what thē selues saye. Which seinge yt dothe not by authenticall recorde appeare, bare names of dūme witnesses can in no wise hinder and deface so solempne a testimonie, of the foresaide Lorde Pagett and Syre Edvvarde Mountagevve. Neither ys the difficultie so greate as the aduersaries pretende, in provinge negatiuam facti: Which as we grante yt to be trevve, Hovve a negatiue maye be proued. vvhen yt standethe vvithin the limittes of a mere negatiue, so beinge restrained and referred to time and place, maye be asvvell proved as the affirmatiue. Glos. & doct. c. bo­nae de elec. Yt appearethe novve then by the praemisses, that the adversaries argumētes, wherby they wolde weakē and [Page] discreditte the testimonie either of the wit­nesses, or of the executours, that haue or maye come in against the saide p̄tēsed vvill, are but of small force and strengthe. A suꝑficiall rethori­cke of the aduersarie And especiallie theire slender exaggeration by a superficiall rethoricke enforced: wherebye they wolde abuse the ignorāce of the peo­ple, and make them beleue, that there was no good and substanciall proufe browght furthe againste the forgerie of this suppo­sed will, bycause the vntrewthe of the same was not preached at Pawles crosse, and de­clared in all open places and assembles throwghe the realme. When they knowe well [...]owghe that there was no necessitie so to do. And that yt was notoryouslie knowen by reason yt was disclosed by the saide Lorde Pagett, as well to the counsaile, as to the hier and lower howse of the parle­mente. And the foresaide forged recorde in the chauncerie thervpon worthelie defa­ced and abolished. The disclosinge Wherof seinge yt came forthe by suche, Howe & whē the later testimony ys to be accepted before the former. ād in suche sorte and order as we have specified: As yt dothe nothinge deface or blemishe the te­stimonie geven againste the saide supposed will, whether yt were of anye of the witn­esses, or executours: so ys there no neade at [Page 101] all, whye anye other witnesses besides those that have alredie impugned the same shoulde be nowe farther producted. I denie not but, that yf any suche witnes or execu­tour had vpon his othe, before a lawfull Iudge deposed of his owne certaine notice and knowledge that the saide will was sig­ned with the kinges owne hande, In case he shoulde afterwarde cōtrarie and revoke this hys solempne deposition, yt owght not lightlie to be discredited for any suche con­tradiction aftervvarde happeninge. But as I haue saide, suche authenticall and ordina­rie examinations and depositions we finde not, nor yet heare of any suche so passed. Novve contrarivvise yf anye of the saide Witnesses or executours haue or shall befo­re a competente Iudge, especiallie not pro­ducted of any partie, or against any partie for any private suite commenced, but as I haue saide, moved of conscience onlie and of a zeale to trevvthe, and to the honour of God and the realme, frelie and voluntarily discover and detecte suche forgerie (al­thovvghe parchance yt tovvchethe them selues for some thinge donne or saide of them to the contrarie,) or beinge called by the saide competente iudge (haue or shall [Page] declare and testifie any thinge against the same, this later testimonie maye be vvell credited by good reason and lawe. Where as novve they vvolde inferre, that either this pretensed vvill vvas kinge Henries vvill, or that he made none at all, I do not as I haue saide intende nor neade not curiouslie to examine & discusse this thinge, as a matter not apparteyninge to our principall pur­pose. And vvell yt maye be, that he made a vvill conteininge the vvhole tenour of this pretensed vvill (sauinge for the limitation of the crowne) and that theis supposed wit­nesses vvere presente, either vvhen he sub­scribed the same vvith his owne hande, or vvhen by his commandemente the stampe (of the vvhich and of his ovvne hand [...], the commō sorte of men make no difference, as in deede in diuerse other cases there ys no difference, which theis vvitnesses might take to be as yt vvere his ovvne hande) vvas sett to the vvill. This I saye might after some sorte so be, and yet this not vvithe standinge there might be (as there vvas in deede) an other vvill towchinge the pre­tensed limitation of the crowne by the kinges owne hāde counterfeited and sub­orned after his deathe falselie and colora­blie, [Page 102] bearinge the countenance of his owne hande, and of the pretensed witnesses names. Hovve so euer yt be, yt ys but to small purpose, to goe abovvte any full and exquisite ansvvere towchinge this pointe, seinge that neither the originall surmised vvill, Wherof theis vvitnesses are supposed to be priuie ys extant, nor theire deposi­tions any vvhere appeare, not yet that yt appearethe that euer they vvere (as vve haue sayde) iudiciallie examined. Seinge nowe then, that yt so fallethe ovvte that the principall vvill, and that that vvas by the greate seale exemplified, and in the chauncerie recorded, had not at (leaste towchinge the clawse of the limitation and assignemēte of the crowne) the kinges hande to yt: We neade not, nor will not tar­rie abowte certaine scrowles and copies of the saide will, that the aduersaries pretende to haue bene either vvritten or signed with his hande. A kingdome ys to heauie to be so easelie carried awaye by suche scrowles and copies. When all this faylethe, the ad­uersaries haue yet one shifte lefte for the laste caste: they vrge the aequitie of the matter, & the minde of the ꝑliamēt: Which ys, they saye, accomplisshed and satisffed [Page] by makinge this assignation, for the establi­shinge of the succession, and prouidinge that the realme shoulde not be lefte voyde of a gouernour. And therefore we muste not subuerte the statute in cauillinge for the defecte of the kinges hande. For as muche as the parliamente might haue had aucthorised his consente onlie withowte any hande writinge. Whiche as I do not denie, so in theis greate affaires ād so ample a comission in suche absolute aucthoritie geuen to him, yt was prouidentlie and ne­cessarilie foreseen to binde the acte to the kinges owne hande, for auoydinge all sinis­ter and euill dealinge, the whiche the adv­saries wolde hauevs in no case to misdowte or mistruste of the facte, and the lamētable euente of thinges do openlie declare the same, ād pitifullie criethe owte againste yt. Neither will we grante to them that the minde and purpose of the parliament ys satisfied, Whye the stampe cā not coun­teruaile the king [...]s hande in this case. for suche causes as we haue and shall hereafter more largelie declare. And yf yt were otherwise trewe, yet dothe this onlie defecte of the kinges hande, breeke and infringe the whole acte. For this ys a statute correctorie and derogatorie to the common cowrse of the lawe, as cuttinge [Page 103] awaye the succession of the lawfull and trewe inheritours. yt ys also as appearethe by the tenour of the same a moste grea­uouse penall lawe, and therefore we maye not shifte or alter the wordes of the lawe: Neither maye we supplie the manner and doinge of the acte aequiualēte. So that albe yt in some other thinge, the stampe or the kinges certaine and knowen cō [...]ente maye counterpaise his hande: Yet as the case stan­dethe here, yt will not serue the turne, by reason there ys a precise order and forme praescribed and appointed. Wherfore yf by a statute of a citie, there be certaine persons appointed to do a certaine acte, and the whole people do the same acte in the pre­sence of the saide persons, Ioā. And. ī adit. spe­cul. tit. de requisitis consil. ad finem. the acte by the iudgement of learned ciuilians, ys viciouse and of no valewe: Yea thowghe the reason of the lawe cease, yet muste the forme be obserued. For yt ys a rule and a maxime, that where the lawe appointethe and prescri­bethe a certaine pla [...]t forme, whereby the acte muste be bownde and tied, L si fundꝰ ff rebꝰ eo­rū cap 1. de rebus eccl. in 6. in that case thowghe the reason of the lawe cease, yet ys the acte voyde ād nowght. And where as the aduersaries obiecte against this rule the parliamentes made by Quene Marie with [Page] owte the vsuall stile called and somoned, An an­svvere to the aduer­saries tov­chinge ac­tes of par­liament, that they alleage to pr [...]ove that the kinges ovne hāde vvas not necessarie to the supposed will. this obiection maye sone be answered. For yt maye sone appeare to all them that reade and peruse the saide statute of An. 35. Hen­rici octaui, conteininge the saide stile, that by any especiall wordes therein mentioned, yt ys not there limited and appointed, that the forme of the stile therein sett forthe should be obserued in euerie vvritt. And therefore not to be compared vnto the saide statutes of 28 & 35. Henrici octaui. Wherein by spe­ciall vvordes one expresse forme and order for the limittinge of the succession of the crowne by the kinge ys declared and sett furthe. Besides that the saide writtes beinge made bothe accordinge to the auncient forme of the registre, and also by expresse cōmaundement of the Prince vtterlie refu­singe the saide stile coulde, neyther be de­rogatorie to the saide Quenes Maiestie and her crowne, nor meaninge of the saide sta­tute. Concerninge the saide stile, and for a finall and full answere vnto this matter: Yt ys to be noted, that the vvrittes beinge the actes of the cowrte, thowghe they vvant the p̄scripte forme sett furthe either by the common lavve, or statute: Yet are not they, nor the iudgementes subsequent thervpon [Page 104] abated or voyde, but onlie abatable ād voy­dable by exceptiō of the ꝑtie, 18. E. 3. fol. 30. by iudgemēte of the cowrte. For yf the ꝑtie withowte any exception do admitt the forme of the saide writt, 3. H. 4. fo. 3. & 1 [...]. and pleade vnto the matter, Whervpō the covvrte dothe procede, 11. H. 4. fol. 67. then dothe the writt and the iudgement thervpon follow­ynge remaine good and effectuall in lawe. 9, H. 6. fol. 6. And therefore admittīge that the saide sta­tute of 35. H. 8. had by speciall vvordes, 19, H. 6. f. 7. & 10. ap­pointed the saide stile to be put in euerie writt, 35 H. 6. fol. 12. & that for that cause the saide writtes of somons vvere vitious vvantinge theire prescript forme, 10, H. 6: fol. 26. yet vvhen the parties vnto the saide vvrittes had admitted them for good, 3, H. 6: fol. 8. bothe by theire election and also by theire apparance vpon the same, the lavve dothe admitt the saide writtes and all actes subsequente vpon the same to be good and effectuall. 33, E. 3: 13. Vide pri­sott. 33 H. 6: fol. 35. And yet this make the no prouf, that therefore the saide supposed vvill vvā ­thinge the p̄script order and forme shoulde likevvise be good and effectuall in lavve. For as tovvchinge specialties, estates, and conueyances or any other externall acte to be done or made by any ꝑson, whose forme and order ys p̄scribed either by the cōmon lawe or by statute, yf they wante anye pa [...]te of theire p̄scripte forme, they are accōpted [Page] in lawe to be of no validitie or effecte. As for example, the lawe dothe appointe eue­rie specialtie or deede to be made either in the firste person or in the thirde person. Therefore yf parte of a deede be made in the firste person, 9 H. 6 fo. 35. 35 H. 6. fol. 34. [...] O Ed. 3: fol. 2. and the residewe in the thirde person, that deede ys not effectuall, but voide in the lawe, besides that the lawe hathe appoynted, that in euerie deede mention shoulde be made that the partie hathe putto his seale to the same. 40. E. 3. fo. 2. 21 E. 4. fol. 97. 7 H. 7. fo. 15. Yf there­fore any deede dothe wante that speciall clause and mention, althowghe the partie in deede hathe putt his seale vnto the same, yet ys that deede or specialtie voyde ī lawe. So likewise the lavve geuethe aucthoritie vnto the Lorde to distraine vpon the lande holden of him for his rentes and seruices devve for the same, and farther dothe ap­pointe to carrie or driue the same distresse vnto the povvnde, 9. E. 4: fo. 2. 22 E. 4. fo 47. there to remaine as a gage in lavve for his saide rentes and serui­ces. Yf the Lorde shall either distraine his tenaunte owte of his Fee or seignorie, 29 H. 6. fol. 6. or yf he shall labour & occupie the chattelles dis­trained, 29. li. As­siar. The distresse so taken by him ys in­iuriouse and vvrongfull in lavve. p. 64 For as muche as he hathe not done accordinge to [Page 105] the prescribed order of the lavve. The sta­tute made Anno 32. H. 8. geuethe aucthori­tie vnto tenāte in tayle, and to others beinge seased of lande in the right of theire vviues or churches, to make leases of the same. Wherein also a prescripte order and forme for the same ys sett forthe: Yf any of the saide persons shall make any lease, wherein he dothe not obserue the same prescribed order in all pointes, the same lease ys not vvarented in any point by the saide statute. Likevvise the statute made in Anno 27. H. 8. of bargaines and sales of lāde, appoin­tethe a forme and order for the same, 27. H. 8. cap. 10. that ys, they muste be by vvritinge indēted, sea­led, ād enrolled vvithin sixe monethes next after the dates of the same vvritinges, Yf any bargaine and sale of lande be made vvherein any of the thinges appointed by the saide statute are omitted, the same ys vi­tious ād voide in the lavve. So likevvise the statute made in An. 32. H. 8. geaueth auctho­ritie to dispose lādes and tenemētes by laste vvill and restamente in vvritinge. 32. H. 8. cap. 1. Yf a man do demisse his lāde by his laste vvill & res­tamēte nuncupatiue vvithovvte vvrittinge, this demise is insufficiēte in lavve, ād ys not warranted by the saide statute. We leue of a [Page] nomber of like cases that we might multi­ple in the proufe of this matter: Wherein vve haue tarried the longer by cause the ad­ [...]saries make so greate a countenāce there­vpon. And by cause all vnder one, yt maye serue for the ansvvere also tovvchinge the kinges royall assente to be geven to parlia­mentes by his lettres patentes signed vvith his hande: Which ys nothinge else but a de­claration and affirmāce of the cōmon lawe. And no newe aucthoritie geven to him to do that he coulde not do before, or any for­me praescribed to binde him vnto. Besides that in this case, there ys no feare in the worlde of forginge and counterfeytinge the kinges hande. Where as in the testamen­tarie cause yt ys fa [...]re other wise, as the worlde knovvethe, and dailie experience teacheth. And so with all do vve conclude that by reason this surmised will was not signed with the kinges hande, yt can not any vvaye hurte or hinder the iuste right ād clayme of the Quene of Scotlande, to the succession of the crovvne of Englande. Nowe supposinge that neither the Lorde Pagett, nor Syre Edvvarde Mountegevve ād willim Clarke had testified or published any thinge to the infringinge and over­throwinge [Page 106] of the aduersaries assertiō, tow­chinge the signinge of the saide will. Yet ys not therebye the Quene of Scotlandes title altogether hindered. For she yet hathe her iuste ād lawfull defēce for the oppugninge of the saide Assertion, aswell againste the persons and saienge of the witnesses, yf any shall come forthe, as otherwise she maye iustlie require the saide will to be browght furthe to light, and especiallie the signinge of the same vvith the kinges hande, to be dewly and consideratelie pondered, weied, and conferred. She hathe her iuste defence and exceptions, and muste have. And yt were against all lawes, and the lavve of na­ture yt self, to spoile her of the same. And all good reason geavethe, that the saide ori­ginall will standinge vpon the triall of the k [...]nges hande be exhibited, that yt maye be compared vvith his other certaine and well knowen hande writinge, and that other thinges maye be done requisite in this behalf. But yet all this notwithstan­dinge, lett vs nowe imagine and suppose, that the kinge him self (whose har [...]e and hande Were dovvbtelesse farre from any suche doinges) Lett vs yet I saie admitte, that he had signed the saide Will [Page] vvith his ovvne hande: Yet for all that, the aduersaries parchance shall not finde, no not in this case, that the Quenes iuste title right and intereste dothe any thinge fayle or quayle. The supposed will cā not preiu­dice the Q. of. Scottes thovvghe yt had be­ne signed vvith the Kinges ovvne hande. Or rather lest vs vvithovvte any perchance saye, the iustice and aequitie of her cause, and the invincible force of trevvthe to be suche, that neither the stam­pe nor the kynges ovvne hande can beare and beate yt dovvne. Which thinge we speake not vvith ovvte good probable and vveightie reasons. Neither do vve at this time minde to debate and discovvrse, vvhat povver and aucthoritie, and howe farre the parlamente hathe yt in this and like cases, Which parchance some other vvolde here do. We vvill onlie intermedle vvith other thinges, that reache not so farre nor so highe, and seame in this our presente ques­tion vvorthie and necessarie to be conside­red. And firste before we entre into other matters, vve aske this reasonable and ne­cessarie question. Whether theis generall vvordes, vvhereby this large and ample aucthoritie ys conueyed to kinge Hen­rie muste be as generallie, and as amplie taken, or be restrained by some manner of limitation, ād restriction agreable to suche [Page 107] mynde and purpose of the parliamente, as muste of verie necessitie or greate lykely­hodde be construed to be the verye mynde and purpose of the sayde parliamente. Ye will saye perchance, that the power and aucthoritie of assignation muste be taken generallie and absolutelie withowte excep­tion, sauinge for the owtewarde signinge of the will. Trewthe yt ys, there ys no­thynge elles expressed: But yet was there some thinge elles principallie intended, and yet for all that, there must nedes be some qua­lification ād restraīt of the generall words of the sta­tute. neaded not to be spe­cified. The owtewarde manner was so speciallie and preciselie appointed and spe­cified to auoide suspitious dealinge, to a­uoide corruption and forgerie: And yet vvas the vvill good and effectuall vvith­owte the kinges hande: Yea and the assig­nation to had bene good, had not that restrainte of the kinges hande, bene added by the parliamente. But for the qualifica­tion of the person to be limited and assig­ned, and so for the necessarie restriction and limitation of the vvordes, were they neuer so large and ample, there ys, thowghe nothinge were spoken therof, an ordinarie helpe and remedie other­wise. Yf the realme had bene set ouer to [Page] a furious, or a made man, or to an ideot, or to some forraine, ād Machometicall Prince (and to suche a one our stories testifie that kinge Iohn̄ vvolde haue submitted him self and his realme) or to any other noto­riouse incapable or vnable person. Matheus parisiensis in Ioan­ne. The ge­neraltie of the vvordes seame to beare yt: But the good mynde and purpose of the ꝑliamente, and mans reason do in no wise beare yt. Yf ye graunre that theis wordes muste nedes haue some good and honeste construction and interpretation (as reason dothe force you to graūte it) Yet will I aske farther, whether as the kinge cutt of in this pretensed will the whole noble race of the eldeste sister, ād the firste issewe of the yon­geste sister: So yf he had cutt of also all the ofspringe aswell of the sayde yōgeste sister, as of the remnante of the royall bloude, ād placed some beīge not of the sayde bloude, and perchance othervvise vnable, this assi­gnation had bene good ād valable in lavve, as cōformable to reason, and to the mynde and purpose of the parliamente. Yt vvere suerlie to greate an absurditie to graunte yt. There muste be therefore in this matter some reasonable moderation and interpre­tation as vvell towchinge the persons com­p̄hended [Page 108] vvith in this assignatiō and theire qualities, and for the persons also hauinge right, ād yet excluded: As for the manner of the doinge of the acte, ād signinge the will. For the kinge as kinge coulde not dispose the crowne by his vvill And was in this be­halfe but an arbiter and comissioner. Wher­fore his doinges muste be directed ād ruled by the lawe, ād accordīge to the good mīde ād meaninge of those that gaue the auctho­ritie. And vvhat theire mynde vvas, yt vvill appeare well inowghe euen in the statute yt self. Yt vvas for the auoidinge of all ābigui­ties, dowbtes, and diuisions towchinge the successiō. They putt theire whole truste vpō the kīge, as one whome they thovght most earnestlie to mynde the vvealthe of the realme, as one that vvolde and coulde beste and moste prudentlie consider and weighe the matter of the succession, and prouide for the same accordinglye. Yf the do­ynges of the kinge do not plainlye and euidentlye tende to this ende and scope, yf a zelous mynde to the common wel­the, yf prudence and vvisdome did not rule and measure all theys doinges: but contrarye wise parciall affection & displea­sure, yf this arbitremēte putter he not awaye [Page] all contentions and striffes, yf the mynde ād purpose of the honorable parliament be not satisfied, yf there be dishonorable devi­ses & assignimentes of the crowne in this will and testamente, yf there be a nevve succession vnnaturallie deuised. Finally yf this be not a testamēte and laste will, suche as Modestinus definethe: testamētum est iusta voluntatis nostrae sententia, de co quod quis post mortem suam fiert velit. Then thovvghe the kinges hande were put to yt, l. 1. ff. qui testamen­ta facere. The definitiō of a testament. the matter go­eth not al together so vvell and so smothe. But yet there ys good and greate cause far­ther to cōsider and debate vpō yt. Whether yt be so or no, lett the indifferente, When theye haue well thowght vpon yt, iudge ac­cordinglie. The adversaries them selues can not altogether denie, but that this testamē ­te ys not correspondente to suche expecta­tion, as men worthelie shoulde haue of yt. Which thinge they do plainlie confesse: for in vrginge theire presumptions, wherof we have spoken, and myndinge to proue that this will, which they saye is cōmonlie called kinge Henryes will, was no newe will de­uised in his sicknes, but eavē the verie same, Where of (as they saye) vvere dyvers olde copies. Theye inferre theis Wordes, saienge [Page 107] thus: For yf yt be a newe will then devised, Who coulde thincke that either hym self wolde, or any man durste haue moved him, to putt therein so many thinges contrarie to his honour: muche lesse durste they them selves devise any newe succession, or moue hym to altre yt otherwise then they founde yt, when they sawe that naturallie yt coulde not be othervvise disposed. Wherein they saie very trevvlie: For yt ys certaine that not onlie the cōmon lavve of this realme, but nature yt self tellethe vs, that the Quene of Scotlād (yf our gratious Souereigne shoulde happen to dye hauinge no heyres of her dodie) ys the next and right full heire of the crovvne. Wherefore the kinge, yf he had excluded her, he had done an vnnaturall acte. Ye will saye he had some cause to do this, by reason she was a forrainer ād borne owte of the realme, yet this not with stādin­ge he did very vnnaturally, Yea vnadvised­lie, inconsideratelie and wrongfullie, and to the greate praeiudice and daunger of his owne title to the crovvne of Fraunce, as we haue alredie declared. And more over, yt ys vvell to be vveighed, that reason and aequi­tie, and ius gentium dothe require and crave: That as the kinges of this realme wolde [Page] thincke them selues to be iniuriouslie hād­led and openlye vvronged, yf they marri­enge vvith the heires of Spayne, Scotlande or any other contrey (vvhere the succession of the crovvne deuoluethe to the vvoman) vvere shutt ovvte and barred from theyre sayde right devve to them by the vviues (as vve haue sayde) So likevvise they ovvght to thincke of vvomen of theirr Royall bloude, that Marrie in Scotlande: that they maye vvell iudge and take them selues muche iniured, vnnaturallye and vvrong­fullye delt vvith all, to be thruste from the succession of this crowne, beinge therto called by the nexte proximitie of the Royal bloude. And suche deuolution of other kingdomes to the crowne of Englande, by forraine mariage, might by possibilitie of­times haue chaunced, and vvas eauen nowe in this our time verye like to haue chaūced for Scotlande, yf the intended mariage vvith the Quene of Scottes that novve ys, and the late kinge Edvvarde the sixte vvith his longer life, and some issevve had taken place, But novve that she ys no suche for­rainer, as ys not capable of the crovvne, we haue at large alredye discussed, Yea I [Page 110] vvill nowe saye farther, that supposinge the parliamente mynded to exclude her and migh rightfullye so do, and that the kinge by vertue of this statute did exclude her in his supposed vvill: Yet ys she not a plaine forrainer, and incapable of the crowne. For yf the lavvfull heires of the sayde La­dye Frances, and of the Ladye Elenour shoulde hapen to fayle, vvhich seame nowe to faile at the leaste in the Ladye Katherine ād her issue (for vvhose title to greate sturre hath latelye bene) by reason of a sentence diffinitiue lately geauen againste a pre­tensed matrimonie of the sayde Ladye vvith the Erle of Harforde, by my Lorde of Canterburie and other commission­ners, then ys there no staye or stoppe either by the parliament, or by the sayde supposed will: But that she the sayde Quene of Scotlande and her heires, maye haue and obtayne theire iuste title and claime. For by the sayde pretensed vvill yt ys limited, that for defaulte of the lavvfull heires of the sayde Ladyes Frances and Elenour, that the crovvne shall remayme and cōme to the next rightfull heires. But yf she shall be sayde [Page] to be a forrainer for the time, for the induc­tion of farther argumente: Then what saye the ad [...]saries to my Ladie Lēnoux borne at Herbotell in Englande, and from thertene yeares of age browghtvppe also in Englād and cōmonlie taken and reputed aswell of the kinge and nobilitie, as of other the law­full ne [...]e of the saide kinge. Yea to turne nowe to the other sister of the kinge mar­ried to Charles Brandon Duke of Suff. and her children the Ladie Fraunces, and the Ladye Elenour. Whye are they also disheri­ted? Suerlie yf there be no iuste cause, nei­ther in the Ladye Lēnoux, nor in the other, yt seamethe the kinge hathe made a plaine donatiue of the crowne. Which thinge vvhether he coulde do, or vvhether yt be conformable to the expectation of the par­liamente, or for the kinges honour, or for the honour of the realme, I leaue yt to the further consideration of other. Nowe what causes shoulde moue the kīge to shutt them owte by his pretensed will, from the title of the crowne, I mynde not, nor neade not (especiallie seinge I take no notice of any suche will towchinge the limitation of the saide crowne) here to ꝓpsequute or examin. Yet am I not ignorante what impedimētes [Page 111] many do talke of, ād some as well by prīted as vnprīted bookes do write of. Wherein I will not take vpon me any asseueratiō, any resolution or iudgement. Thys onlie will I propownde, as yt were by the vvaye of cō ­sideration dewly and deaplye to be wayed and thowght vpō: That ys for as muche as the benefitt of this surmised will tendethe with the extrusion of the Quene of Scot­lāde and others altogether to the issewe of the Frenche Quene, whether in case the kinge had no cause to be offended with his sisters the Frenche Quenes children (as the aduersaries them selues cōfesse he had not) and that there was no lawfull impedimēte in them to take the successiō of the croune, yt were any thinge reasonable, or euer was ones mente of the parliamente, that the kinge withowte cause shoulde disherite ād exclude them from the title of the crowne. On the other side yf there were anye suche impedimente (Wherof this surmised will geuethe owte a greate suspition) yt ys to be considered, whether yt standethe with rea­son and iustice, vvith the honour of the kinge, and the whole realme, or vvith the mynde, purpose, and intente of the saide ꝑliamente, that the kinge shoulde not onlie [Page] frustrate ād exclude suche, l. fi pater ff. quo in fraud. credit. l. filij famil. ff. de donat. vvhose right by the cōmon lavve ys moste evidente and notorious, but call and substitute suche other, l. 1. C. quae respign. l. obliga­tionem ff. de pi­gnot. c. in gene­ral. de regul. iuris in 6. as by the same lavve are plainelie excluded. In consideration wherof manie notable rules of the cy­uill lavve do concurre: Firste that who­sover gevethe any man a generall auc­thotitie to do any thinge, In giuinge ge­nerall aucthori­ty that seameth not to be cōpri­sed that the ꝑ [...]ie vvolde not haue graunted being specially de­manded. seamethe not to giue him aucthoritie to do that thin­ge which he vvolde not haue graunted, yf his mīde therein had bene severallie and speciallie asked and required. A­gaine generall wordes eyther of the te­statours, or of suche as make any con­tracte, I. promittēdo cū notat. ibid. ff de iure dotium. and speciallie of statutes tow­chinge any persons to do or enioye any thinge, ovvght to be restrained and re­ferred to hable, I. quidam ff. de verb. signific. mete, and capable per­sons onlie. Yt ys further more a rule ād a principle, I. vt gradat. §. 1. de muner. & honor. that statutes muste be ruled measured ād interpreted accordinge to the minde and directiō of the generall and cōmon lawe. Generall vvor­des muste be re­ferred to hable persons. Wherefore the kinge in limitinge the successiō of the crovne in this sorte, I. 2. C [...]de Nopal. as ys praetended, seamethe not to answere and satisfie the expecta­tion [Page 112] of the parliamente, puttinge the case there were any suche surmised impedimēt, as also on the other syde likewyse yf there were no suche supposed impediment. For here an other rule muste be regarded, which ys that in testamentes, contractes, and na­melie in statutes, the generalitie of wordes muste be gentilie and cyvilie moderated ād mesured by the common lavve, l. Fin § in cōputatio­ne C. de iur [...] de li­ber. & [...]bi notat. and restrai­ned, when so euer any man shoulde by that generalitie take any dōmage and hurte vndeservinglie. Yea the Statute shall rather in that case cease and quaile, and be taken as voyde. As for example yt appeareth by the ciuill lavve, Alciat. l. 1. verb. sig. that yf yt be enacted by Statute in some cities, that no man shall pleade againste an instrumente, no not the executours: Yet this not withstandin­ge, yf the executour make a trevve and perfecte inuentorie of the goodes of the testatour, yf he deale feaithfullie and trew [...]ie, rather then he shoulde vvrong­fullye and with oute cause paye the tes­tatours debte of his owne, he maye come and pleade againste the instrumente. Wherfore the kinges doinges seame either muche defectiue in the saide Ladie Frances [Page] and Ladye Elenour, or muche excessiue in theire childrē. And so thowghe he had sig­ned the sayde will with his hande, yet the saide doinges seame not cōformable to the mynde and purpose of the parliamente. We vvill nowe goe forewarde and propownde other greate and graue considerations, ser­uinge our saide purpose and intēte, wherof one ys, that in limitinge the crowne vnto the heires of the bodie of the Ladie Frāces, the same Ladye then, and so longe after li­uinge, the saide kinge did not appointe the succession of the crowne accordinge to the ordre and meaninge of the honorable par­liamente: For as muche as the saide acte of parliamente gaue to him aucthoritie to li­mitt ād appointe the crowne to suche ꝑson or persons in reuersion or remainder, as shoulde please his highnes: meaninge ther­bye some person certaine, of vvhom the people might haue certaine knovvlege and vnderstandinge after the deathe of kinge Henrie the eight. Whiche persons certaine the heires of the Ladye Fraunces coulde not by any meanes, be intended: For as muche as the saide Ladye Frances was then liuinge, and therefore coulde then haue no heires at all. By reason vvherof the people [Page 113] of this realme coulde not haue certaine knowledge and perfecte vnderstandinge of the succession, 11, H. 4: fol 72. accordinge to the trevve meaninge and intente of the saide acte of parliamente. 19, H. 6: fol. 24. But to this matter some per­aduenture vvolde seame to ansvvere and saye, 11, H. 6: fol. 15. that althovvghe at the tyme of the saide kinge Henries deathe, the heires of the bodye of the saide Ladye Frances be­gotten vvere vncertaine: yet at suche tyme as the sayde remainder shoulde happen to fall, the saide heires might then certainlye be knowen. In deede I vvill not denye, but that paraduenture they might be then cer­taynlie knowē: but what greate mischeiffes and inconueniences might haue ensewed and yet maye, yf the vvill take place vpon that ꝑaduenture and vncertaine limitation. I vvolde vvishe all men vvell to note and consider. Yt ys not to be doubted, but that yt might haue fortuned at suche time as the remainder shoulde happen to fall to the saide heires of the Ladye Frances, the same Ladie Frances shoulde then be also liuinge. Who I praye you then shoulde haue had the crowne? Paraduenture ye wolde saye, the hey [...]es of the bodye of the Ladye Ele­ [...]our, to whom the next remainder vvas ap­pointed. [Page] Vndowbtedlie that were cōtrarie vnto the meaninge of the saide supposed wyll For so muche as the remainder ys ther by limited vnto the heyres of the bodie of the ladie Elenour, onlie for defaulte of is­sewe of the saide Ladie Frances. Whereby yt maye be very plainlie gathered vpon the saide supposed wyll, that the meanynge therof was not that the Chyldren of the Ladie Elenour shoulde enioye the crowne before the Chyldren of the Ladie Frances. But what yf the sayde Ladie Elenour, had bene then also lyvinge (wich myght have happened, for as muche as bothe the saide ladie Frāces, and Ladie Elenour by cōmon cowrse of nature myght have lived longer, then vntyll thys daye:) Who then shoulde have had the crowne? Trewlie the ryght heyre whom thys supposed wyl mente to exclude, so longe as there shoulde remaine any issewe, eyther of the bodie, of the saide Ladie Fraunces, or of the bodie of the saide Ladie Elenour lawfullie begottē. And ther­fore quite contrarie to the meāninge of the saide supposed wyll. Wherefore I do verelie thincke, that yt woulde hardelie syncke into any reasonnable mans head that had anye experience of the greate [Page 114] wisdome and advised doinges of kinge Henrye the eyght abowte other matters, beynge of nothinge like weyght, that he wolde so slenderlie, so vnadvisedlie, and so vnlearnedlie dispose the succession of the crowne (Where vpon the whole estate of thys Realme dothe depende) in suche Wyse, that they to whome he ment to geve the same by hys will, coulde not enioy yt by the lawe: Where vpō ye maye plainlie see, not onlie the greate vnlikely hodde, that kinge Henrie the eight wolde make any suche will with suche slender advice: But also that by the limitation of the saide will, the succession of the crowne ys made more vncertaine and dowbtefull, thē yt was before the makinge of the saide Actes of Parliamente, which ys contrarie to the meaninge and intēte of the saide Actes, and therefore with owte anie sufficiente warrante in Lawe. But paradventure some here will saye, that althowghe theis dangers ād vncerteinties might have ensewed vpon the limitation of the said▪ vvill, yet for as muche as they haue not happened, neither be like to happen, they are therefore not to be spoken of. Yes verilie yt was not to be omitted. For althovvghe theys [Page] thinges haue not happened, and there fore the more tollerable: Yet for as muche as theye myght haue happened by the limita­tion of the saide supposed will, contrarie to the meaninge of the saide actes, the vvill cā not by any meanes be saide, to be made ac­cordinge to the meaninge and intente of the makers of the saide statutes. And there­fore in that respecte, the saide will ys insuf­ficient in lawe. And to aggravate the matter farthere, ye shall vnderstande of greate in­cōveniences and imminent dangers, which as yet are l [...]kelie to ensevve, yf that suppo­sed will shoulde take place. Yt ys not vn­knowē, but that at the time of the makinge of the saide will, the saide Ladie Frances had no issewe male, but onlie three dawgh­ters betwene her, and Henry Duke of Suff. Aftervvarde in the time of our late Sove­reigne Ladie Quene Marie, the saide Duke of Suff was attainted, ād sufferid according­lie. After whose deathe the saide Ladie Frā ­ces to her greare dishonour and abasinge of her self, toke to her husbande one Adrian Stockes, who was before her seruāte, a man of verie meane estate and vocation, and had issewe by him. Whiche issewe (yf yt were a sonne, ād be also yet livinge) by the wordes [Page 115] of the saide supposed will ys to inherite the crowne of this Realme, before the dawgh­ters betwene her and the sayde late duke of Suff. begotten. Which thing was neither intended nor ment by the makers of the saide Actes. Who can withe any rea­son or common defense thincke, that all the states of the Realme assembled together at the saide Parliamēte, did meane to geve auctoritie to Kinge Henry the eight by hys lettres patentes or laste Will, to dishe­rite the Quene of Scottes liniallie discēded of the bloude Roiall of this Realme, and to appointe the sonne of Adrian Stokes, then a meane servinge man of the Duke of Suff. to be Kinge and governour over this noble Realme of Englande? The incō ­venience wherof, as also of the like that might have followed of the pretensed ma­riage of Maistre Keyes the late sergeante Porter, I referre to the grave consideratiōs and iudgemēts of the hōnorable and wor­shipfull of this Realme. Some paradventure will saie, that kinge Henrie the eight mente by his will to dispose the crowne vnto the heires of the bodie of the saide Laide Fran­ces by the saide Duke lawfullie begotten: And not vnto the heires by any other per­son [Page] to be begotten. Wiche meaninge al­thowghe yt myght verie hardlie be gathe­red vpon the saide supposed will, yet can not the same be with owte as greate incōue­niēces as the other. For yf the crowne shoul de nowe remaine vnto the heires of the bo­die of the saide Ladie Fraunces, by the saide Duke begotten: then shoulde yt remaine vnto two dawghters iointelie, they bothe beynge termed and certainlie accōpted in lawe but one heire. And by that meanes the state and governement of thys Realme shoulde be changed from the auncient Mo­narchie, vnto the governemente of manie. For the title of the Ladie Fraunces beynge bywaye of remainder, wich ys compted in lawe a ioynt purchase, dothe make all the issue female inheritable alyke, and can not goe accordinge to the aunciente lawe of a discente to the crowne. Wich ys that the crowne by discēte muste goe to the eldeste dawghter onlye, as ys afore saide. For greate differēces be in lawe, where one co­meth to any title by discente, and where as a purchasser. And also yf the one of those issewe female dye, thē were her heire in the title, as a severall tenante in taile. And so there shoulde followe, that so many dawgh­ters [Page 116] so manie generall governours, and so myght theire issewe beynge heyres females make the governemēt growe infinit, which thinge was moste farre from the meaninge of the makers of the saide parliamente. What yf the saide Kynge had by hys laste will disposed thys realme in to two or three partes, devidinge the governemente therof to three persons, to rule as severall kynges? As for exemple, wales vnto one, the Northe partes vnto an other, the Sowthe partes vn­to the thyrde, and by that meanes had mise­rablie rēte this realme in to partes. Had this ben accordinge to the intēte and meaninge of the saide actes of parliament? or had yt bene a good ād sufficiēt limitation in lawe? No verelie, I thyncke no man of any reaso­nable vnderstandynge will so saye. And no more can he eyther saye or thyncke of the remainder limited vnto the heires of the bodie of the saide Ladie Frāces, by the saide supposed will. Nowe to complete and fini­she this our treatise towchinge the Quene of Scotlandes title to the succession of the crovne, as we have done, so lett vs frelie and liberallie graūte the aduersaries that which ys not trewe: that ys, that the sayde supposed vvill vvas signed vvith the kinges ovvne [Page] hāde: Lett the heires of the Ladye Fraunces come forthe in godes name, & laye forthe to the worlde theire demaunde and suppo­sed right, againste the sayde Quene of Scot­landes intereste. The Quene on the other side, to fortefie and st [...]engthen her claime layethe forthe to the open sight of all the worlde, her iuste title and interest signed ād alwayes a fore this time allowed, nor onlye as vvith the seales, but vvith the othes also, of all the kinges that euer were in Englāde, taken at the time of theire coronation for the continuance of the lawes of this noble realme of Englande, Signed and allowed I saye, almoste of all the vvorlde besides: Yea signed with God ād nature theire owne fin­gers. Her right ys as open, and as cleare, as the bright sonne. Nowe to darken and sha­dowe this glorious light, What do the heires of the saide Ladye Frances or others bringe forthe to grownde theire iuste claime and demaunde vpon? When all ys done, they are faine to rūne and catche holde vpon kinge Hērie the eightes written vvill, signed with his owne hāde. Well let them take as good hand faste theron, as they can: But yet lett thē shewe to the saide Quene the saide ori­ginall vvill. Yt ys vvell knowen, that they [Page 117] them selues haue saide, that, that to do they can not. Yet lett them at leaste laye forthe some authenticall recorde of the same. Yt ys also notorious they can not. Yf then the fowndation of theire claime, beynge the vvill of suche a Prince, and of so late and freshe memorie made neither the o­riginall, nor yet any good and vvorthie recorde sufficientlie authorised remaine of the same: By what colour vvill they exclude the sayde Quene? They muste claime ei­ther by ꝓximitie of bloude, or by charter. For the fir [...]te, nature hathe excluded them, charter they haue none to shewe. They will perchance crye owte and complaine of the losse and imbecillinge of the same, and saye that suche a casualtie shoulde not distroye and extingwishe theire right. This were some thinge perchance, yf yt vvere in a pri­uate mans case: Yt vvere some what yf theire demaunde did not destroye the com­mon lawe, and the lawe of nature also. Yt vvere somevvhat yf theire supposed charter vvere perisshed, or by any frau­dulent meanes intercepted by the sayde Quene, vpon vvhom in this pointe yt ys not possible to fasten any the verye least sinister suspicion. Yt were somewhat. [Page] yf they dyd not aspire to take gayne and lucre. Or yf the Quene sowght not to a­uoyde dommage. For dōmage yt ys, when any persone ys spoyled of any ryght dewe to hym by lavve and reason. And there ys a greate oddes in the consideration of the lavve and reason betwene avancinge our gaine (ād gaine we do that, that doth growe and accrevve vnto vs by mere gyfte or le­gacie, as dothe the crovvne, Non est par ratio, lucra non capere, & damna sentire. l. fi C. co­dicīlle & l. proculus ff. de dāno inflic. īsti­tut. de leg. si res. de leg. fin. C. to theis competitoures and heyres of the Ladie Frances) and eschevvenge dōmage and losse. And losse the lavve accompteth to be, when we are defeated of our auncetours inheritāce. So that bothe beinge putt in the indifferent balance of reason, lavve, and consciēce, the dōmage shall overvveyghe the mere lucre and gaine. Yea I vvill saye more, that in ca­se eyther the saide Quene of Scotlande or anie other were in possession of the crovne havinge no ryght to the same, yet yf the issevve of the Ladie Frances had no farther nor better ryght, then theis pretended vvri­tynges, the defendant cleavinge to the on­lie possession, Were sauf and suer, and vvere not bovvnde to shevve to them theire title. For yt ys a rule of the lawe, that yf the plaintiffe faile in his proufe, l. qui accu­sare C. de edendo. §. cōmodum Inst. de in­terdict. the defendāte shalbe [Page 118] discharged. Yea thovvghe he hathe no bet­ter ryght, then bare and naked possession. Neither coulde they any thinge be relived, thowghe the pretēsed recorde of the chaun cerie vvere yet extante, not for suche cavv­ses onlie as vve have specified, but for divers other. For yt maye well be doubted, thovgh the saide recorde might beare sufficient creditt amonge the subiectes of this Real­me, Wether yt maye beare the same agaīste one that ys no subiecte. Againe yt ys a rule, l. si quis in aliquo do­cumēto. C. de edēdo. that the publike instrumēte makinge mention of an other, dothe nothinge pro­ve againste the partie in respecte of any thynge so mentioned, oneles the originall yt self be producted. Yf therefore theis cō ­petitours have loste theire instrumētes and evidences, vvhere vpon they muste of necessitie builde theire demaunde and claime to the exclusion of an other notorious ryght and tytle, they muste beare the discommo­ditie therof that sovvght there by theire lu­crative advancement and commoditie, not the person that demaundeth nothinge else but that to hym lavvfullie and orderlie ys devve. Yea they ād vve to, have good cavvse to thinke that this thinge (in case anie suche vville vvere) ys vvonderfullie vvrovvght by [Page] godes permission and prouidence. For yt ys almoste incredible to heare and beleaue suche kinde of writinges and in so greate and weightie a matter as this pretensed will comprisethe, so sone extinguished and pe­rished as yt were for speciall purpose, to preserue to this noble realme, the trewe ād syncere succession of the next royall bloud, vvhich yf yt shoulde be certaine, I can not tell vvhat enterlined papers and scrowles be deriued and transferred to any other vvrongfull heires. Yt wilbe a vvonderfull and strange thinge to the vvorlde to heare, and to importable to vs and to our posteri­tie to beare yt. Yt vvill then be so farre of, that that thinge vvhich the parliamente moste regarded in this cōmission shall by this pretensed vvill be procured and pur­chassed to this realme, as to haue a certaine knowen vndowbted lawfull gouernour & kinge, to haue striffe contentions and de­uisions for the crowne cutt avvaye, that euē the verie thinge the parliament moste fea­red, ys moste infortunatlie and moste la­mentablye like soneste to chance. He that remembrethe the tragicall procedinges of the last by name, ād not by right kinge Ri­charde, neadeth not gretelye to dowbte, but [Page 119] that, as he coulde finde in his harte to bas­tarde his eldeste brother, ād lavvfull kinge, and to diffame his ovvne naturall mother as an harlott, eauē so nowe there vvill some be fovvnde that vvill easelie be induced for the auancinge and settinge forthe of theire supposed right and title to the crovvne, to seake meanes to vvringe them ovvte, that shall vvrongfullye sitt in the royall throne, And to seake to extorte the crovvne from theire possession. Which vnhappie daye yf yt should ons chāce (as God forre bid) then maye vve crye owte and singe a vvofull and dolefull songe: Then maye vve, not vvith ovvte cause, loke for the botomlesse Ocean sea of infinite trobles, miseries and mys­cheiffes to o [...] whelme the realme, The vvhiche my mynde and harte ab­horrethe to thincke vpon, and my penne in my hande tremblethe to vvrite therof. ❧

ALBE yt (good Reader) you haue nowe hearde a conueniente and a suffici­ente prouf, so farre as the lawes of this realme maye serue, for the right title & claime of the Quene of Scotlande and so we might right well seame to haue fullie discharged our promisse and office: Yet as the matter nowe fallethe owte, especi­allie yf we shall geue any creditt to an in­famouse libell, An infa­mouse ly­bell made lately a­gainst the Quene of Scottes. or rather a fier brande of se­dition late caste abrode, all our coste ys for lorne, all our trauaile imployed in vaine, we muste begine a freshe, for all this not with­standinge, her right ys dowbtefull (sayeth this man) and suche as againste whiche ys iuste exception taken by the lawe of God and man. Yt vvill neuer be proued by the lawe, no, not by her best frendes: so will the crowne neuer be geauen het by iuste and [Page 120] common counsayle. I meane not the con­sente of vnquiet spirites and brawlinge braines, but of a greate nomber of them, vvhiche are to be accompted amonge the beste, for the loue of religion, and of the common vvelthe. Suerlye theis are iolye vvordes: this ys confidentlie spoken. But yet lett vs heare with all vvhat proufes this sober braynde man, and so feruente a zela­tour of religion, and of the cōmon welthe bringethe forthe, for the auouchinge of his sturdye allegation. What lawe, what acte of parliamente, what custome or vsage, what aunciēte recorde of historie of this realme, dothe this man laye forthe for him self? Su­erlye none at all. And as he layethe forthe not so muche as one Iote this waye: so no doubte he shall neuer be able to laye forthe any thinge of like vveight as that, that alre­dye ys aleaged. No, no, good Reader, this man goethe not by acte of parliamente, nor by anye lawe of this realme, nor what so­euer he speakethe of mans lawe for a braue countenance, by ciuill or by any other hu­mane lawe. Thys extraordinarie wilye fel­lowe runethe an other race, all theys lawes are but beggerlie baggage to him, and ar­gumentes of brawlinge braines. This sober [Page] brayned man vvill not abase him self, withe intermedlinge vvith so lavve matters, but aspirethe and amowntethe a lofte, and fet­chethe a marvelouse hyghe fetche and rea­che, ād beinge as yt were ghostlie rauisshed, contēninge as it seameth all humane lawes ād polices he makethe, as yt were a plaine demurre vvith vs in lavve, that We haue pleaded our matters all this while in a vvrō ­ge courte. For [...]o, this matter by this sober mannes iudgemente seameth not triable either in the Arches, or cōsistorye of Pawles by the Ciuill or Cānō lawe: or in westimis­ter hall by anye lavve or acte of ꝑliamente. This plee must be onlie mainteined vvithe the recordes of holie scripture, The au­thour of the same seamethe litle to re­garde tou­chinge the successiō of the crow­ne, anye lawe but holie scrip­ture. but of his owne sober braines interpretation onlie, ād holden before him self, and his newe erec­ted tribunall, furnisshed and adorned vvithe suche quiet and sober sprites, as him self ys. The infallable veritie, the highe Maieste of the sacred scriptures, I do most hartelye cō ­fesse and most humblye reverence. But yet yf ye will intrude your self to be the suprea­me arbitror and vmpier therof, ād therebye wret [...]hedlie will abuse your self and others withe the promulginge from your nevve tribunall seate, suche and so strange para­doxes [Page 121] and sentēces, to the vtter overthrow­inge of all humane policies and lavves, yea to the presente and imminēt danger of our ovvne maistresse and Quene (as ye do) we muste be so bolde to see vvhat vvarrāte and cōmission you haue, and to examine & well to vewe the same, we muste buckle withe you ād trye, whether the authoritie of holie scripture, which ys your onelye refuge, will vpholde and beare ovvte your strange and stowte cōclusion. The place then wher vpō he growndeth him self ys this. He grovn­dethe him self chefely vpon the: 17. of Deut. Thowe shalt make him kīge over the, whō [...]he lorde thy God shall chose frō amōge thye bretherne: him shallt thovve make a kinge amōge thē. From this aucthoritie he fetchethe owte all his highe mysticall & suꝑnaturall cōclusiōs: and firste he excludeth the Quene of Scot­land by cause she ys an Alien and not ex fra­tribus. And therefore not chosen of God. Wherevnto he addethe that the Kinge muste be suche, as the people maye saye to him, as the Israëlites saide to kinge Da­uid. 2. Sam. 5. Ecce os tuum & caro tua nos sumus. We are of one nation and bloude. There vnto he adioynethe, that yt ys assigned as one iuste cavvse, Whye Athalia, was turned owte of her kingdome by cause she vvas [Page] Alienigina, 2: Reg. 11. an alien: Maternum genus ducens a Tyrijs & Sidonijs. Theys nowe are all the proufes deduced by this mā owte of holye scripture, for other hathe he none, vvhye the Quene of Scottes beynge a stranger owght to be disherited, ād reiected from all suche claime, as she p̄tēdethe to the crowne of Englande. An an­swere tov­chinge the 17. of Deut. Nowe for answere, and firste to the 17. of Deuteronomie, wherein as I will not quarell with you for the shrewde meaninge that perchance some man maye probablye gather owte of this treatise, and small likinge that ye haue to the gouerne­mente proceadinge from succession onlye: so I plainelye affirme, firste that we are not bownde to the ceremoniall, or iudiciall, or other preceptes of the Iewishe lawe (except the Decaloge) farther then the churche or ciuill policie haue renewed and reuiued a­gaine. I saye then farther, that thys auctho­ritie of the Deuteronomye can not fittlye serue your purpose, for that yt takethe place when the people chosethe a kinge, and not when there ys a lawfull and ordi­narie succession, As vvas euen amonge the Iewes from kinge Dauidis time, albe yt he and kinge Saule before him came in by goodes and the peoples speciall election. [Page 122] Wherfore I do admitt your principle to be vvell grownded vpon scripture, that the choise and election of Princes muste be di­rected ād measured by godes holye worde, will, and pleasure. What then? I wolde fayne knowe, by what logike, by what reason a man maye thus conclude: We owght to chose no stranger to our prince, Ergo a stranger thowghe he be the iuste and nexte inheritour to the crowne, muste be displa­ced. The one dependethe of our owne free will and election, Greate difference be­twene suc­cession & election. which we maye measure and rule, as vve see good cause. The other hangeth onlye vpon the disposition and prouidence of God. There we maye picke owte choice: Here we muste take suche as God sendethe. There consente bearethe the stroke: Here proximitie of bloude bea­rethe the swaye. There vve offer no iniurie to any partye in acceptinge the one, and leauīge thother: Here do we iniurie to God that dothe sende, and to the partie that ys by him sente. And to saye the trewthe, it is but a maleparte controulemente of godes owne direction and prouidence. For in the former parte we be the chosers, and muste directe and gouerne our choice by reason and disctetion, by the merite and worthines [Page] of the person: Here all the choice, all the voices are in godes hande onlie. As good right hathe the infante in the svvadlinge clowtes, as hathe any man called at hys per­fecte age ād wisedome. Yt ys a trewe saiēge. Christiani fimus. August. de merit. & remis. pec. cōtra Pel. l. 3. [...]. 8. & 9 tom. 7. & ī questi. ex nouo test c. 8. tom. 4 we are made christian men: we are not borne christian men: Non nasci­mur. But in this case of succession. Reges nas­cuntur, non fiunt, mē are borne and no [...] made kynges. Let this fellowe therefore cōclude as strongelie as he can or will againste the chosinge of strāgers: Yet yf he brīge forthe no place oute of scripture against the suc­cession of a stranger claiminge by proxi­mitie of bloude Royall, as farre as the man shotethe, he shotethe to shorte to hitt the marke. But lorde what an yll fauored shorte shote will yt be accōpted, yf she be fownde no stranger at all? Yt ys verye probable that in this place the scripture meanethe of a mere forener and stranger: suche as were neither borne in Iurie, nor of the Iewishe bloude. For with suche aliens they were forbidden also to cople in mariage, by rea­son they were Idolatours, ād might thereby thē selues be occasioned (as they were often times in deede) abādone and forsake theire trewe and sincere religion. Suche a strāger, [Page 123] I am well assured, this Ladie ys not to vs yf she be any stranger at all. The Scottes and we be all christians and of one Ilande, of one tongue, & almoste of one fashions and man­ners, customes an lavves: So that we can not in any wise accompte them amonge suche kinde of strangers that this place of Moyses mentionethe, namelie the Ladye Marie the Quene of Scottes, beinge not onlie in harte well affectioned and minded to all Englishe men (as hathe by manie experimentes bene well knovven) But also by discēte and Royall bloude all Englishe, which she takethe from the noble kinges longe before the cōqueste, and after the conqueste, from the worthye Princes Henrie the firste, and Edwarde the thirde, and of late dayes, from the excel­lente Prince kinge Henrye the seaventhe, and hys davvghter Ladye Margaret her grand mother. All vvhiche causes withe some other in suche number concurrante, The Quene of Scottes no strāger. ovvght rather to enforce vs to thincke, and to take her, as no stranger to vs, then to estrange her from vs, by the onlie place of her Natiuitie: Whiche ys yet neverthelesse vvithin the fovver seaes, and verie nighe to Englande, by Osbrede bovvndinge at Ster­linge bridge. Laste of all tovchinge the fore­sayde chapter of Deutronomye we affirme, [Page] that yt ys vntrewe that ye saie, aswell that this lawe of gouernemēte bindeth our kinges to the havinge and followinge of thys lawe, as we have saide, vnlesse to omitt other thinges, ye wolde bynde our kynges also, to receaue the deuteronomie, at the hād [...]s of the leviti­call tribe, as that ye saie that God gave here a lawe to the Iewes, to make, or chose a kīge, and so cōsequentlie all your illatiōs owte of thys place seame to be of small force. For to saie the trewthe, as god neither gaue thē this, or anye other lavve, for chosenge of a kinge, nor did [...]idde, or will them to chose a kinge: so did the people moste grevouselie offende God in demandinge a kinge. 3. Politic. For (thowghe by the Iudgemēte of Aristotle ād other Phi­losophers) a Monarchie wel ād orderlie vsed, ys the beste kinde of all other regimentes (which God dothe also well like) yet wolde he have no suche magistrate amonge the Iewes. But as he chose them for his proper, peculier and selecte people, and ruled them aswell in the deserte, as in Iudaea, by a severall peculier, ād distincte order ād governemēte from other natiōs, and after suche wōderfull and miraculouse sorte, as the like was never harde of in anye regimēte besides: so wolde he also reserue to him self onlie, the saide su­premacye and monarchye. Neither was he a [Page 124] [...]itle angree with the Iewes, nor they cōmit­ed any small fault, but (as yt were) renovvn­ced and reiected godes ovvne monarchie in cravinge a kinge, as holie scripture plainelye and openlie testifiethe. 1. Reg: c. 8. Non te (inquit) reiecerūt, sed me ne regnem super eos. And the people af­terwardes acknowledged theire fault. Ad­didimus vniuersis peccatis nostris malum, 1. Reg. 12. vt pete­remus nobis regem. God therefore did not bidd them, or will them to chose a kīge, but fore­knovvenge longe before by hys eternall foresight, what they vvolde do, (thovvghe contrarye to hys blessed vvill and pleasure) did in this, as in other matters, beare vvithe theire vvekenes, and condiscended vnto the same. And foretolde them in this sayde, 17. chapter, that in case they vvolde nedes haue a kinge, of what kinde ād sorte he sholde be. And therefore immediatelye before the wordes that ye recite (thowe shalt make him a kinge over them) ys this texte, Cum ingressus fueris terram, quam dominus Deus dabit tibi, & possideris eam, habitauerísque in ill a & dixeris: Cō ­stituam super me regem sicut habent omnes per cir­cuitū nationes, eū cōstitues. &c. And vvhē thowe shalt come into the lāde vvhich the lorde thie God geaveth the, ād shall possesse yt ād dwell therin, yf thovve saye I vvill sett a kinge over me, like as all the natiōs that are abowte me, [Page] then thovv shallt make hym kinge over the whom, &c. Which wordes makinge for the illustration of this place, ye have omitted. Wherefore, as this place servethe nothinge, for any absolute electiō of a kinge, the which you seame especiallie to regarde ād grownde your self vpō, so dothe yt (as we have shewed, as litle relieve you, to prove thereby your conclusions, especiallie againste the ordina­rie succession, either of a strāger, or of a wo­man, that ye wolde gather and cōclude, owte of the same. Thus have we sufficientlie an­swered the place of Deuteronomie for this one purpose. The other two aucthorities maye be muche more easelie answered. The people mente nothinge else by theire sayde wordes spoken to David, An ans­svvere to the secōde of Samuel c. 5. but that they were of the seede of Abraham, Isaac, and Iacob, as well as he, and intended with trevve and sincere hartes vnfainedlie to agnyse him, as theire cheif lorde ād Sovereigne. For at that time the tribe of Iuda onlie (wherof kinge Dauid came by liniall discente) did acknow­ledge hym as kinge. Novve the residevve which before helde vvith Saules sonne, did also incorporate ād vnite them selues to the saide kingdome. Yf this man loke well vpon the matter, he shall finde I trowe, that the Quene of Scottes maye aswell call her se [...]f [Page 125] the bones and fleshe of the noble Princes of Englande, as this people call them selves the bones and fleshe of kinge Dauid. But yet the greate terrible batterīge cānō Athalia ys be­hīde. She beinge in possessiō of the kīgdome, seauē yeares, was iustlie thrust owte, by cause she was an alien: we maye then, sayethe this man, iustelye denye the Quene of Scottes before hande the right of that, which yf she had in possession, she coulde not iustelye enioye. Yet Syr, yf the Quene of Scottes be no alien, as we have sayed, then ys your can­non shotte more fearefull then dangerouse. We denie not, but that Athalia was lavvfullie deposed, but we beseache you to tell vs your authours name, that dothe assigne the cause to be suche, as ye alleage. Suerlie for my ꝑte after diligente searche, I finde no suche au­thours. Truthe yt ys that Iosephus writeth as ye do, Iosep. Iud. antiq. li. 9 c. 6. that she discended by the mothers side of the Tyrians and Sydonians, yet never the­lesse he assignethe no suche cause as ye do: And as ye are in this your pretie poisoned pamflett the firste, I trowe, of all christian men (I Will not excepte eyther latine or greke, vnlesse yt be some fantastycall fonde and newe vpstarte Doctours, as Maistre Knoxe or some the like: ney­ther Iewe, Chaldyan nor Arabyan) that [Page] hathe thus strangelye glosed and deformed this place of the holie scripture, againste the ordinarie succeffion of vvomen Princes, so are you firste also, A nevve fovnde ād mad inter pretation, who ys an aliē made by the ad­uersarie. of all either deuines or lawiers throughe owte the world, that hathe sett forthe this newe fownde folishe lavve, that the kinges childe muste be counted an Aliē, vvhose father and mother are not of the same and one cōtrey. Yf the Frenche or Spa­nishe kinge chance to marrye an Englishe vvoman, or the kinge of Englande to marrie a frēche, a Spanishe, or any other cōtrey wo­man, theire children by this newe Lycurgus are Aliens, ād so cōsequentlie in all other na­tions all suche as haue bene shalbe aliens, by this your newe oracle. For vvhat other cause shewe you, that this Athalia was an alien, but by cause her mother vvas an alien Genus du­cens, Iosep. li. 9. cap. 7. say you a Tyrijs & Sidonijs, cōminge by li­niall discente, by the mothers side, from the Tyrians and Sydonians. Kinge Achas maried her mother, dawghter to Ithoball kinge of the saide Tyrians and Sydonians. This Atha­lia, vvhom Iosephus callethe Gotholia, Achas dawghter married Ioram kinge of Iuda (her brother called also Ioram beynge kinge of Israël) after the decease of his father Achas. Athalia was no a­liē amōge the Iewes. So then ye see that this Athalia vvas no more an ali [...]n amōge the Iewes, then kinge Edbal­dus [Page 126] was, the sonne of Bertha a Frenche wo­mā, and of kinge Ethelbertus, the firste chris­tian kinge of the Englishe nation: No more then vvas the noble kīge Edward the thyrde, borne of a Frenche vvoman: No more then Quene Marie vvas: No more then shoulde haue bene the issewe of the saide Quene Ma­rie, or our gratious Souereignes issewe shulde be, in case she maried with any forren Prīce. I ꝑceaue that your fellowes, that wolde faine make kinge Shephen and kinge Henrie the seconde, and Arthure nephewe to kinge Ri­charde the firste, aliens, had but rude, dull and grosse heades in comparisō of your fine, sub­tile and highe fetches. Yf I shoulde nowe de­sire your patience, not withstandinge the allegatiōs of all your diuinitie, to be contēte a while, and towchinge this matter to hear­ken to the moste excellente ciuilian Vlpian, thowghe he were an Ethnick, ye wolde par­chance make litle accompte of him, and be angrye withe me for producinge a prophane witnes against you. And yet trewlye in this I offerre neither to you, nor yet to godes ho­lye vvorde any iniurie in the vvorlde. For Christe his highe and deuine doctrine dothe not subuerte nor impugne humane o [...] ciuill policie, beynge not repugnāte to his ex­presse worde & wyll. Let vs then heare whō [Page] the saide Vlpian maketh an Alien, Who is an aliē by Vl­pian. & whō he definethe to be an Alien. He ys a Campane (sayethe this Vlpian) that ys borne of father and mother, beinge Campanes: Yea yf his father be a Campane, and his mother be a Puteolane, yet ys the childe a citezin or bur­gesse of Campanie. And then he shewethe farther, that in some contreyes, as amonge the Ilians, the Delphians, and them of Pon­tus, the childe shalbe cownted to be origi­ginallye of the mothers, and not of the fa­thers contreye. His wordes in latine as he wrote them are theis. L. 1. ff. ad muni. c. 1. pec. Qui ex duobus Campanis parentibus natus est, Campanus est. Sed si ex patre Campano, matre Puteolana aequè municeps, Cam­panus est, nisi forte priuilegio aliquo materna ori­go censeatur: tunc enim maternae originis erit mu­niceps, vtopte Iliensibus concessum est, vt qui ma­tre Iliensi est, sit eorum municeps. Etiam Delphis hoc idem tributum & conseruatum est. Celsus etiā refert, ponticis ex beneficio Pompeij Magni compe­petere, vt qui Pōtica matre natus esset, Poticus esset. Whiche his sayenge ys directe against you, for this your strange declaration of Alieni­gen [...] an alien. Well yf neither the declaration of Vlpian, nor yet the practise of the worlde, most conformable also to reason, nor any thinge else will satisfie you, vnlesse yt be de­riued and taken owte of holye scripture: [Page 127] we are cōtente to ioyne issewe with you, ād to be tried by the same onlye. Matt. 1. & Iosue: 6. Christe came liniallie of Booz, whō Salmō begatt of Raab (as the moste cōmon opinion of writers ys) that betrayed Hierico to Iosue. And maye we nowe saulfly thincke that this Booz was a stranger, an Alien, and no Iewe? And so with all infringe, breake, ād ꝑuerte the genalogiae of Christe, and the continuall succession of the Iewes Christes ꝓgenitours? Ye knowe that as Athalias mother was a Tyrian or a Si­donian: so was Ruthe a Moabite. This Ruthe maried the foresaide Booz. I aske you nowe agayne, Whether Obed the sōne of the saide Booz ād Ruth, were aliēs amōge the Iewes? Yf you saye he was not, then must you nedes cōfesse the same of Athalia. Yf you saye he was, then the holye scripture makethe eui­dētlie against you: Dauid ād Christe discēde of O­bed Ru­thes sonne For of this Obed Christe came liniallye. And yf you steppe forewarde as you lustelie beginne, a foote or two more, ye will, or as well ye maye make kinge Da­uid also, to whom Obed was grande father, yea and Christe him self, not muche better then aliens. And so hath Athalia at length spunne a fayre threde for you. We denye then that this Athalia vvas an alien amonge the Israëlites, 4: Reg. 11. and therefore she coulde not be barred from anye inheritance devve [Page] vnto the dawghter, amonge the children of Israël. Whie A­thalia was deposed. Neyther was she removed from the kingdome, as this sober mā beinge best awa­ked dreamethe, by cause she was a stranger: but for that she moste cruellie ād vnnaturally slayēge ād murtheringe her owne nephewes the sonnes of her sonne kinge Othozias la­telie kylled, of Iehu by shamefull meanes, vsurped her self the crowne, apperteininge to her nephevve loas, vvho by the prouidēce of God, was (she beinge vsurper of yt) praeser­ued from her butcherye. And after seaven yeares by the helpe of loada the highe priest vvas anointed kinge, and she deposed, & worthelie put to deathe. And this cause dothe appeare eaven in the verie chapter and place, that thys quiet and sober man dothe so so­berlie against the brawlinge braines alleage. As for the cause he him selfe proponethe: we vvill not sticke vvith him to geue hym a longer daye, to fetche owte and shevve vs his recordes, & his authours at hys good leasure, Well this stringe will not serue hys bowe. We will therefore listen againe to him and con­sider hovve well he harpethe vpon the next stringe: Whiche suerlie dothe geve as yll fa­uored a iarringe, and as vntunable a noise as the firste, or rather more vntunable. Wherein our good quiet brother dothe so straine and [Page 128] wreste this vvorde (ex fratribus) amonge the bretherne: that he wresteth avvaye not onlie the right and intereste the Quene of Scottes pretendethe to the succession of the crowne: But dothe vvreste with all the crowne frō all Princes neckes that haue bene, are, or shalbe women: And of all suche as haue, do, or shall claime theire inheritance, An vn­brotherlye and fonde straininge of theis wordes ex fratribus. by the title and intereste of theire motheres. which cān haue no better title, thē theyre progenitours from whom they clayme. For amonge hys newe notable notes that he noteh owte of thys seavētēthe chapter of deuteronomie, for the chosinge of a kinge, vve maye note (sayethe he) the sexe by the masculine gender vsed in this vvorde ex fratribus, for vnder the other sexe Ataxia most commonlie creapethe into the stocke and contrie. He sayethe also after­vvarde, Thys politike lavve that God did geue the Iewes, ys grovvnded vpon the lawe of nature, and ys also as everlastinge as natu­re yt selfe ys, and ys of all naturall men to be obserued. Yt ys (sayethe he) of nature that the prescribed sexe shoulde governe the other: He meanethe vvomen shoulde be gouer­ned. Then he knitteth vppe the conclusion of his nevve pestiferouse policie: whiche I conclude, that godes lavve, nature and good reason do reiecte the Quene of Scottes and [Page] denye her that kingdome, which she vvolde so faine possesse. Who vvolde euer haue thowght that such a quiet sober braine, owte of this one worde fratribꝰ, could haue fownd in his harte so vnbrotherlye, yea so vnchris­tianlye, and so fondlye vvith all, to extorte suche an interpretation, as ys able (Yf yt were receaued) to disturbe, infringe, and breake the quiet and lawfull possession and inheri­tance of a greate parte of the Princes of the vvorlde, and especiallye of his owne and our gratiouse and Souereigne, good Ladye and Quene. Yea and as fondely and vnnaturallye to frame of him self a nevve lavve of nature also: And so moste vvretchedlye to corrupte, depraue, and mayme bothe the lavve of God ād nature. Yet by cause this man geueth owte his matters as yt vvere compēdiouse oracles, An an­svvere to the aduer­sarie tow­chinge the lawe of nature vvhiche he vvres­teth agaīst vvomens gouerne­mente. ād leste some might thincke, that suche a so­ber man hathe some good and substantiall grovvnde in this his sayenge: seinge he ys so bolde vvith his ovvne glosses vpon the holye scriptures: I vvilbe as bolde vpon him a litle, to siste & examine the vveight and veritie of them. And firste tovvchinge the lavve of na­ture, which he makethe as a picke axe to vn­dermine the state of so manye Princes, & of his ovvne Souereigne vvith all: We might here enlarge manye thinges hovve and in [Page 129] what sorte the lawe of nature maye be takē: l. 1. ff. de iustir. & iure. L. veluti l. ex hoe l. ōnis eod. Est [...]em̄ haec nō scripta sed nata­lex: quam non didicimus, acce­pimus, legimus, ve­rùm ex natura arripuimus, hau simus, expressimus, ad quā nō docti sed facti, non īstituti, sed imbuti su­mus: vt si vita nr̄a in aliquas in­sidias si in vim, in tela aut lattonū aut inimi­corūincidis set, omnis honesta ratio esset expediendae; salutis. but vve vvilbe therein compendiouse and shorte. The lawe of nature cōmonlye ys pro­per and apꝑteininge asvvell to other liuinge thinges as to man. As Vlpian the notable lavvier vvritethe. There ys an other lavve, that ys called Ius gentium, the lavve of all na­tions, And yt ys called also the lavve of all na­ture, by cause the discourse of naturall reasō forcethe all nations to obeye and kepe this lavve, as to honour God, to obey our pa­rētes & magistrates, to kepe and maynteine our bargaines & ꝓmises ī biēge and sellinge, & in other cōtractes, to defēde our selues frō violēce & iniurie, with a nōber of such other. I suppose the aduersarie meanethe not of the first kīde, but of the secōde: Wherof he muste neades meane, yf he meane to speake any thinge to the purpose. I saye then that this ys a false, & an vnnaturall assertiō, to make this surmised lavve euerlastīge as nature it self is. The lavve of nature or Ius gentiū, ys and euer Was after the time that there Were any natiōs or people, & euer shalbe. This cōterfeate lave of nature neither ys, nor euer vvas, nor as farre as reasō maye reache to, euer shalbe. Yt shalbe inowghe for vs to o [...]throvve & caste vnderfote this counterfeate lavve: to shevve and proue that vvomen haue from time to Cicero pr [...] Milone. [Page] time borne princelie regimente in the moste notable partes ī the worlde, The prac­tise of wo­mans regi­mēt in A­sia, Aphri­ca, ād Eu­ropa. ād in the beste ād moste famouse common wealthes that euer haue bene. For the know­ledge wherof, Solinus in collect. I referre the Rea­der to aunciēte histories, beinge the noble registers of antiquitie, Plinius lib. 6. cap. 10. whiche do plainelie testifie the same to haue bene oftē practised in Asia, Strab: ge­ographe. lib. 14. Aphrike, Arian. lib. 8 gest. Alex. Ma. Iustinus lib. 1. He­rod. lib. 1. Strabo. lib. 16. Geogra. li. 16. Iosep. lib. 20. cap. 2. Antiq. ca. 20. Euseb. lib. 2. ca. 12. Ruff. eccle. hist. l. 2. c. 6. Clem. Alex and. lib. 1. ād Europe. Cō ­cerninge Asia, Quene Ar­temesia. I finde that Arte­mesia who builded the Sepulcre of her husbāde Mausolus one of the notable spectacles & won­ders of the worlde, Quene A­da. and her sister Ada with others reigned in Ca­ria. This Ada beīge thruste owte was restored by Alexander the greate. Vvomans regimēt in Pandea a contrey of India. The contrey also of Pan­dea ī India was gouerned by wo­men. The gouernemente of the Quene Semiramis & Nicocris in the empire of Babylō. Quene Se­miranus and Nico­cris. Of Quene Thomyris amōge the Masagites, Stromat. 1. Iustinꝰ li. 1. ys to theire greate praise and cō ­mendation in aunciente monu­mentes recorded. Quene Thomeris. Iosephus ma­keth mētiō of Helena Helena. the Que­ne [Page 130] of the Adiabēs. Mammia. Eusebius, of Mammia the Quene of Sarazēs. Womans reg [...]mente in Media Quene A­tossa. Atossa was gouernesse of the Persians, a moste excellente woman also for learninge. Yt maye also appeare by the storie that Iustine writethe of Astyages the kinge of the Medians, that in Media the wo­man supplied the lacke and wante of male children in the princelye gouernemente. Tacitus li. 2. stat [...]m a principio. There is mention made also of Erato whom the Parthians did chose to be theire Quene. Quene E­rato. We will nowe make vppe our conclusiō for Asia with Claudianus verse. Claudianꝰ li. 1. in Eu­tropium.

OWte of the which we haue purposelye lefte Iudaea, Diado. Sie lib 1. ca. 2. & 4, 19. reseruinge yt a principall helpe, for the vtter ouerthrowinge of this mans fantasticall interpretation of the fore­saide worde fratribus. Womans regimēt in Aphrike. In the stories and mo­numentes towchinge Aphrike, we reade of Quene Dido at Catharge, Quene Dido. Cleopatra ī Aegy­pte, & of diuers other Quenes there. The first kinge of Aegypt was Osiris, Quene Cl [...] opatra. who in his absēce cōmitted the whole regimēte to his wife Isis. Quē. Isis. In Aethiopia where reignethe a mightie Prīce a christian man▪ Damianu [...] a Goes demoribꝰ & fide Aethi­oph. and one that hathe manye kinges subiected to him, not many yeares si­thens in the nonage of kinge Dauid, his grād [Page] mother the Que. did moste politikelie wise­lie and godlie rule theis realmes. And yt ap­pearethe in the olde stories that ī christes ty­me ād before, Beda▪ c. 8 ī Act. Apost. Euseb. l. 2. eccl. histo. cap. 1. that cōtrey had no other prin­ces thē womē, which were called all Candaces such a one reigned there abowte the time of Christes passion, whose cheif seruante vvas conuerted to Christes faythe by sainte Phil­lippe. Pliniꝰ l. 6. cap 29. By vvhose meanes the Quene also vp­pon his retorne, Strab. l. 17 Act. Apo. cap. 8. became with her subiectes a Christiā vvomā: And that ys thovvght to be the first contrey, Doretheꝰ de vita & obitu pro­phet. & A. Hier. c. 52. that publikelie embraced the faythe of Christe. And ther vpon the sayenge of the Prophet Dauid seamethe to be verified, sayenge Aethiopia preveniet manus Aethio­pia the first christned amon­ge other cōtreyes, but Britaniae the first amonge the Prouinces of Rome. eius Deo. Esaie. Hil. in psa: 67. And yet that not withe standinge owre worthie Brytanie amonge all the Prin­ces that vvere of the Romane empire, Euseb: l. 2. cap. 1. hathe therof the noble praerogatiue. Women vvere the cheif magistrates amonge the Tenesians and Sebrites. Sabellicꝰ. Srabo. lib. 16. In the time of kinge Salomon, Womans regiment in Aethiopia the Quene of Saba. the noble vvomā, that came from the vtter most parte of the earthe to heare the vvisdo­me 3. Regum 10. & 2. Par. 9. Matth. 12. & Luc 11. of the saide Salomō, whom the olde tes­tamente callethe the Quene of Saba: the newe testamente the Quene of the Sowthe: [Page 131] vvas a Quene, and as Iosephus writethe the Quene of Aethiopia and Aegypte, Iosep. An­tiq. Iudai. lib. 8. ca. 2. contreyes of suche greatenes and largenes, as no one Prince throvvgh ovvte all our Empire, hathe so ample dominion vvith in the same. Par­chaunce her dominion did stretche to Ce­phala, vvhiche dravvethe vvell tovvarde the fartheste parte of Aphrica. Whiche interpre­tation seamethe not farre a square from the vvordes of the holye scripture, from thence, as the Annales of the saide contreye recorde, Salomās shipps euerye thirde yeare browght meruelouse plentye of golde and siluer: Salomans shipps fet­ched golde from Ce­phala. o­ther suppose that the saide nauie vvente to the late founde landes of the weste India, es­peciallie to the Ilande nowe called Spaniola. I finde in the saide Aphrike one strange and founde kinde of people called Buaoi, Stobeꝰ ser­mo. 42 ex Nicolao de moribꝰ gē ­tium. where men gouerned men onlye and womē gouerned women onlye. And yet vvere not they so harde maisters to vvomen, as ye are, nor thowghte womens regimente (as ye do) to be againste nature. And to finishe this se­conde parte, yt seameth by Lucane that in theys quarters of the vvorlde, yt vvas no newe or strange thinge to see a vvoman a Princee, as appearethe by theys vvordes of Quene Cleopatra.

AS for Europe, Vvomans regiment in Europa. Quene O­lympias in Epire. as yt ys better knowen to vs, so therein haue we with all greater store of examples of this kinde of gouerne­mente. In Epire, yt appearethe by Olympias dawghter to Pyr [...]hus: In Macedonia where a woman called also Olympias succeded after the deathe of Alexander the greate: Olympias ī Macedonia Iren [...]. Yea and in the greate and famouse empire of Cōstan­tinople, where Irene, Theodora, Theodora Zoë Zono. tom 3. Annal. P [...]iniꝰ: l 34 cap. 6. an o­ther Theodora, and Eudocia Eudocia. were the cheyf and highe magistrates. The saide secōde and laste Theodora answered the Ambassadours her self, and iudiciallye in her owne person gaue sentēce, as well in publike as in priuate causes. W [...]mēs re­giment in Spaine Portīgale▪ Burgundie ād Flaunders Irmelgar­dis daugh­ter of Con­rade Duke of Frācon. Whose gouernement was also pros­perouse happie and fortunate. More ouer yt appeareth that the Illyriās and Slauons were ruled by Quene Teuca, what shall I speake of Spaine and Portugale, of the Dukedome of Burgūdye ād of the Erledome of Flaunders, and of other partes of lower Germanie? Conrade the Duke of Frāconye and Lārgraue of Hesse vvas made countye Palatine of Rhene and Duke of Lorrāne, by the inheritance of his wife Irmelgardis. Monster Cos [...]. vniuersal li. 3. pag. 620. He had but one daugh­ter, [Page 132] who was maried to Cōrade duke of Sue­uia, whereby he was made comtye Palatine of Rhene. Agnes vvife to Hēry duke of Saxonie This Conrade had a daw [...]hter cal­led Agnes maried to Hērie Duke of Saxonie and Lim [...]burge, who thereby enioyed the countie Palatine. The like maye be sayed of diuers other partes of the Germanicall Em­pire. Agenes wif to Henrie the 3. Em­perour. Yea a vvoman hathe ruled and gouer­ned the saide vvhole Empire, as yt ys euidēte in Agnes the vvif of the Emperour Henrie the thirde, duringe the time of the minoritie of her sonne Hērie the fowrthe. And yet the same Empire, Paul Aemil lib. 3. ye wote well passeth by choise and election, and not by liniall succession of bloude. Chari. li. 3. Yea manye hundrethe yeares ere she was borne, and in the floreshinge time of the olde Romaine Empire, Fulgo. l. 8. cap 16. de dict. & fac. memor. Mesa Varia grādmo­ther to the Emperours Heliogabalus and A­lexāder Seuerus, sat with the senate at Rome, hearde and examined the vveightie causes of the Empire, Crana no­ah daugh­ter. and sett her hand also to suche thinges as passed towchinge the publike af­faires. I do nowe adioine the kingdome of Sicilie, Beros. li. 5. L [...]u [...]: lib. 1. Dec. 1. and Naples in Italye of the vvhich I talye, Noah (vvhome the propha [...]e vvriters call Ianus) made Crana his dawghter rul [...]r ād Quene. Aene. Syl­ui: de A­sia, ca. 20. Where also Lauinia reigned after the deathe of Aeneas. And as for Naples, this pre­sidente [Page] of vvomanlye gouernemēte, ys not to be fownde there onlye of later yeares in bothe the Quenes called Iohanne, Quene of Naples A­malacin­tha. but eauen from verye Auncient time. Which thinge the sto­ries do recorde in Amalasyntha that gouerned after kinge Theodoricus with her sonne Athalaricꝰ. Cronic. Palme­rij & H. contrac­ti. Mūst. vniuers. Cosmo. lib 4. The saide Amalasyntha vvas mother to Alma­ricus kinge of Spaine and after his death ruled her self the saide realme. Womēs re­giment in Loraine ād Mantua. Lett vs nowe adde further the Duke­domes of Lorane & Mantua, the kīg­domes of Swethia, Aeneas Siluiꝰ in desc. A­si [...]: c. 10. Hector. Boet: l. 1. H [...] Sco. Vide la Geneal. des Rois de Frāc. impr. Paris. 1561 in Caro­lo Ma­gno. of Dania, and of Noruegia. In the kīg­dome of Svvethia Dania and Norwegia Boeame Hungarie and Scotlande. Wherof Margarett the dawghter of waldema [...]us was gouer­nes [...]e and Quene. The kingdomes of Beame & of Hungarie. And to drawe nerer home, the realme also of Scot­lāde, vvhich realme hathe denomina­tion of a woman, as theire stories re­porte, as hathe likewise Flaūders. The like some of our stories reporte of Englāde, wherein I will make no fast foringe. Now touchīge the feminine successiō to the right of the croune of Englād, Englande it ys no newe fownde succes­sion: and muche lesse vnnaturall. We [Page 133] reade in our cronicles of Quene Cordell, the thirde heire & davghter of kinge Leire the tenthe kinge of Britannie, that restored her father to the kīgdome, beinge deposed by her tvvo other sisters. We reade that a­bowte three hundred fiftie and fiue yeares, before the Natiuitie of Christe, Martia ꝓba Martiae proba: duringe the nonage of her sonne, did go­uerne this realme full politikelye and vvise­ [...]ye: Helēa mo­ther to Cō ­stātine the greate. and established certaine lavves called Leges Martianae. There be aswel of our owne, as of externall historiographers, that for a moste certaintye affirme, that Helena the noble Constantine his mother vvas a Bri­tane, Onuph. de Rom. prīc. Eus [...]bi. de vita Cōstā. l [...]. 1. and the onlye dawghter and heire of Coëlus kinge of Britane, and that the saide constantine was borne in Britanie. suerlye that his father Constantinus died in Britanye at yorke, Eutropius. and that the saide Con­stantinus begane his noble victoriouse race of his moste worthie Empire in Britanye, yt ys reported by Aunciente vvriters, and of greate faythe and creditt. And likevvise that longe before the saide Helens time, vvomen bare the greateste svvaye. Bri­tanes had vvomen for theire Capitaines in vvarfare. Voadic [...]. Amonge other Co [...]n [...]lius [Page] Tacitus writethe thus. His atque alijs inuicem instructi Voadica generis regij foemina duce (neque enim sexum in imperijs discernunt) sumpsere vni­uersi bellum. In vita A­gricolae. We have nowe alredie shevved of Henrie the seconde, Henry the secōd [...] kin­ge by hys mothers right. who obteined the crowne by hys mothers right. Which sayde kinge by the title of his wife, and after him his successours kinges of Englande, did en­ioye the Dukedome of Aquitania, and the Erldōe of Poyctieres, Vide Alli­āt geneal. claud. pa­radini 1561. as the saide kīges suc­cessours shoulde haue done also (as we haue shewed before) the Dukedome of Britanye, yf Arthure kinge Richardes nephevve had not by the vsurpinge of kinge Iohan, & his vnnaturall crueltye, died withovvte issewe. And by what other right then by the wo­mans inheritance devve to kinge Edwarde the thirde by his mother the Frēche kinges Davvghter, do the kinges of this realme beare the Armes and title of the kinges of France? The Fren­che men make not vvomens regiment vnnatu­rall. And thovvghe the french men th [...]n [...]ke theire parte the better against vs, yt ys not but vppon an olde politike lawe of theire owne (as they saye) ād not vpon anye suche fonde grovvnde as ye pretende, that womens regiment ys vnnaturall. Which re­gimente, ye stowtelie affirme to be farre a sonder from any naturall regimente. Yea [Page 134] trewlie as farre, as was the boyes head from the shovlders the laste Bartholomewe fayre at London, Which manie a poore sowle did beleave to be trewe. For as the boyes head remained still vpon hys necke and shoul­ders, thowghe yt seamed by a light livelie Legerdemayne to be a greate waye frō the bodie: So wolde ye nowe caste a myste be­fore our eies and make vs beleave, that wo­manlie governemente and nature, be so de­uided ād sondred, that they maye in no w [...]se be linked ād cowpled to gether. But suerlie the Frenche nation was never so vnwise, to thincke this kinde of governemente repu­gnante to nature, or to godes h [...]lie worde: for then they wolde never have suffered theire realme to have bene so often gover­ned and ruled by women in the time of the Nonage or absence of theire kinges, as by Adela the mother of kinge Philippus, and by Blaunche the mother of Saint lewes, Adela Kinge Philips mo­ther and Blaunche the mo­ther, of S. levves. ād by the wife of the late kinge Frances taken prisoner at Pavia, and by divers other. Ney­ther sholde the saide Ad [...]la, and Blaunche haue bene so cōmended for theire saide no­ble and worthye rule and governemente. The saide frenchemen, Se the pre­face of the sayde Al­liances. thowghe by policie they have prouided to exclude strangers [Page] from the inheritance of the crowne: The Fren­che mē holde greate principali­ties by the vvomens right. Yet they them selues holde at this daye by the vvomans title & intereste the Dukedome of Britanie vvith diuers other goodlie pos­sessions. And we haue shewed before howe levves the Dolphine of France made parte title to the crovne of this realme, in the title of his wife. The cōclu­siō against the Ad­uersarie: towchīge the lavve of nature. Thus I haue, as I suppose, suffi­cientlie proued, that this kinde of regimēte ys not against nature, by the anciente and continuall practise of Asia, Aphrica, & Eu­ropa. For the parfitinge of the whiche laste parte of Europa, and of the whole three partes, I ende with the notable Poëte vir­gilles verses.

VVE knytt vppe therefore our con­clusiō against you after this sorte: That lawe and vsage can not be covvnted againste the lawe of nature, or ius gentium, which the moste parte of all contreies, and one greate or notable parte of the vvhole vvorlde dothe and hathe ever vsed, But this lawe or vsage ys suche, Ergo yt ys not agaīste the lavve of nature. The maior neadethe no prouf: as for the proufe of the minor, vve [Page 135] neade to imploye no farther labour, then we haue alredy done. Wherevpō the cōsequēt [...] must neades be inferred, that this lavve or v­sage dothe well agree ād stāde with the lawe of nature. The reasō therof ys, that yt ys most naturall, the davvghter to inherite her fa­thers patrimonie, Where vnto yf there be a dignitie annexed, bothe are so vnited and knitt together, that they cā in no wise be vn­linked. Marie, yf you had driuen your argu­mēte of the dewtie & obediēce that the wife owethe to her husbande, and had argued, yt ys the lavve of nature, that the wife shoulde be ruled and gouerned by her husbande, Ergo yt ys against nature, that the wife shoulde be heade to her husbande in respecte that she ys hys wife: then had you argued conformablie to reason, scripture, and nature. But yf you will therof inferre, Ergo she can in no wise be head to her husbande: The vvife in some case maye be head to her hus­bande. then playe you the Sophister, makinge a fallible & vitiouse ar­gumente: and makinge a confuse minglinge of those thinges, that be of sondrie ād diuers natures. The childe must obey his Schole­maister and parētes, & maye iustlie of thē be chastened, thowghe he be a Prince: Yet this not withstandinge, the saide chylde maye vse his aucthoriti [...] by his magistrates againste hys scholemayster: Yea and yf the case [Page] so require, against his parentes to. As did Ed­warde the confessor, and kinge Edwarde the thirde, againste theire mothers, eauen so the case farethe vvith the husbāde and the wife. The vvife maye vvith ovv [...]e anye impairinge or maiminge of her dew [...]ie to God, or to her wedloke, repres [...]e her husbandes misdemea­nure, yf yt be noifull to the cōmon wealthe: And yet ys she not therebye exempted from suche dewtie, as the matrimoniall cōiunctiō crauethe of the vvife towarde her husbande. Ye frame an other argumente of inconue­niences, as thowghe vnder the vvomans re­gimēte, Ataxia, that ys to saye disorder moste cōmonlye creapethe in. I vvill not denye, but sometime yt ys so, but that moste cōmonlye yt ys so, that I denye. Lett bothe the regi­mentes be compared and matched together, and weighed by an indifferent ballāce, and I ame deceaued, but the inconueniences of the mans regimente for the rat [...] ▪ will ouer­paise the other. And yt ys full vnmete vnsea­melye ād daungerouse matter, Princes right mate not be ru­led by blīd ghesses. to rule Prices right and titles by suche blinde ghesses. Well you vvill yet saye, ye haue scripture on your side. Ye saye the Iewes vvere cōmaunded to take no kinge but ex fratribus, a brother. Ergo vve can haue no sister to our Quene. To this [Page 136] obiectiō also my two former answeres maye sufficiētlye serue. First you muste proue, that all Christian Princes are obliged and subiec­ted to this parte of Moyses lawe, ād that shall ye neuer be able to do, which thinge ye sawe vvell inowghe, and therefore ye vvere faine to vnderproppe and vpholde this your rui­nouse and vveake buildinge, vvith the strōge force, of the lavve of nature. But this force, as you haue hearde, ys but the force of a bull reshe. Ovvre seconde ansvvere also vvill sone infringe & breake this your conclisiō, which respectethe onlye the free and voluntarie electiō and choise of a kinge. But vve speake of birthe & successiō, wherein we haue none intereste: but God, who ys the onelye Iudge and vmpier, and hathe by his deuine proui­dence made to our hande his choise alredye, which yf vve vvolde vndoe and reuerse, we might seame to be verye sawcye and male­perte with him. But vve vvill remoue and re­līquishe all theys helpes, What ab­surditie followeth by strai­ninge this wo [...]de ex fratribus. and see vvhat and hovve fa [...]re this aucthoritie forcethe by the verye wordes. Frater ys the masculine gender (ye saye) and therefore women are to be re­moued Then by this rule women also muste be excluded from theire saluation, by cause scripture sayeth: He that shall beleaue and be [Page] baptized shalbe saued. Marci vltꝰ Ps. 1. & 40. Holye scripture a­bowndethe of like places: Matth. 5. As, Beatus vir qui non abijt in consilio impiorum: L [...]uc [...]ꝰ. §. quaesitū if. de lege Tert. & ibi Bart. &c. Beatus qui in­telligit: &c. And by this rule vvomen are ex­cluded, frō the eight beatitudes, But we will not shifte your owne worde, Brother. We saye therefore that this vvorde muste not be takē so straightlie, Gene. 13. & narowlie as ye take yt: for firste not onlie in scripture, Apollon. Rhodiꝰ li. Argon. 8. le. 1. ff. de verborum signif. but in olde aun­ciente prophane authours, yt comprehen­dethe the brothers childe: Yea and sometime in ciuill lawe cosen germās, cōminge of two bretherne. Le. tres fr̄es. ff. de pactis & l. lucius ff. famil. he­rciscund. Abrahā called Lothe his brother, Medea also callethe her sister Chalciopes sonnes, her bretherne speakinge to her sister in this sorte.

Againe as in the ciuill lavve the masculine gender comprehendethe the feminine: Deut. 29. so doth yt in your vvorde brother. Zachar, 7. Modestinus vvritethe thus: Matth. 18. Tres fratres, 2. Thess. 3. Titius, Menius & Seia. 1. loan 2. Paulus also Lucius & Titia fratres. Quesitū est ā quod heredes fratribꝰ rogati essent restitute etiā ad so­rores pettineret, re­spōdit ꝑti­nere, nisi a­liud sensis­se testato­rē probe­tur, dicta leg. lucius §. quaesitū leg. Tert. Sceuola sayethe. the bequestes made by the testatour fratribus, to his bretherne, shalbe beneficiall to his sisters also, vnlesse yt maye be proued, [Page 137] that the testatourmente othervvise. Novve vvhen the holye scripture saiethe, thovve shalte not hate thy brother. Thovve shalt not lende vpon vsurie to thye brother, Lett euerye man vse his brother merciful­lye, yf thye brother trespasse againste thee forgeue him, with drawe your selues from euery brother vvalkinge disorderlye, He that hatethe his brother ys in Darkenes, vvith a nomber of like suite: Shall vve in­ferre ther vppon that vve maye hate our sister, that vve maye oppresse our sister vvith vsurye, that vve maye vse our sister as vnmercifullye as vve vvill, vvith owte any remorse of conscience, and are not bownde to forgeue her, nor to eschewe her companie beinge excommunicated, or a notoriouse offendour? Neither this worde brother excludethe a sister, nor this worde Kinge a Quene, by any scrip­ture. Wherefore neither this vvorde brother excludethe a sister, nor this vvorde kinge in scrip­ture excludethe a Quene: In the greke tongue one vvorde representethe bothe br [...]ther and sister, sauinge that there ys a difference of gender, [...] after the same rate the wordes kinge and Quene are knitt vppe in both one, ansvell in the greke [...], as in the hebrewe Melech and Malcha, & ī the Frēche Roy & Royne, ād frō [Page] this the latin tōgue Rex & Regina, dothe not farre disagree. Seinge then by interpreta­tation this worde brother, conteinethe the worde sister also in scripture, ād the worde kinge by propertie of one and th [...] same voice and signification, expressethe the Quene bothe in scripture & in other tōges: whye shulde we not aswell communicate to women the dignitie apperteyninge to the name, and resembled by the same, as the name yt self? For eaven in this our owne cōtrey, albe yt the names of the kinge and of the Quene do vtterlie varye one from the other, and also the aunciente statutes of the realme, do not onelie attribute and re­ferre all praerogatiue and praeeminence, power and Iurisdiction, vnto the name of a kinge, but do geve also, assigne, and appoin­te, the correction and punishemente of all offendours, againste the realme & dignitie of the crowne and the lawes of the realme, vnto the kinge: Yet are all manner of the foresaide iurisdictions and other praerogati­ues, and ovvght to be, as fullie as wholie ād as absolute lie in the Prince female, as in the male, Anno Ma­rie. 1. ca. 2. and so was yt ever deamed iudged ād accepted, before the statute made for the farther declaration in that pointe. The like [Page 138] we saye of bothe the foresaide wordes Bro­ther, and Rex vsed in this place of scripture, wherof yf there do yet remaine any scruple or dowbte to anye man, for the avoidinge and cleare extinguissinge of the same, we will referre the Reader to the noble civiliā Paulus, l. fin. ff. de legibus. & to the rule before by vs towched. Si de interpretatione legis quaeratur, The l [...]vës never in­terpreted this vvor­de after the sorteas the aduer­sarie doth. in primis in­spiciendum est quo iure ciu [...]as re [...]ro in eiusmodi c [...]sibus vsa fuit, optima enim legum interpres consuetudo. Yt ys for vs then to consider whether in Iudaea and Hierusalem, women have at anye time bene the chief rulers and governesses: And whether the Ievves ever interpreted this place, after the meaninge and sence of this man? Vide dic­tas, Alliāce Cl. para­dini. Suerlie at suche time as christian mē bare rule at Hierusalem, we knowe well there was no suche interpre­tation. For amōge other Fulke the comte of Aniowe, Fulke & other Kī ­ges of Hierusalē by their wi­ues right. Salō. Herodes sister a gouernesse in Iudea. who lefte his saide countie to Geffrey his sonne, father to Henrie the se­conde by the Empresse Maude, and wente to Hierusalem to kinge Baldewin the se­conde, and there maried Meli [...]ende hys dawghter ād heire, was afterwardes by his wiues title kinge of Hierusalem. Salome Herodes sister was made governesse by Au­gustus Caesar, of Iamnia, Azotū, Phasalidea [Page] and Ascolania, Ioseph. lib. Ant. Iudic. 17. c. 13: which thīge ys a good prouf that the Romaines thovvght yt not vnna­turall (as ye thincke) for a woman to enioie; ciuill gouernemente. The wiues of Ioannes Aristobulꝰ ād Alex. gouerned the leves. I might here adde the wives of Iohannes, of Aristobulus, and of Alexāder, who gouerned ād ruled the saide Iewes after the deathe of theire husbandes with suche other, vvhich stories thovvghe they be not in scripture, Ioseph. li. 1 [...]. c. 19. 20 Egesip. de excid: yet are they authē ­ticall and of good creditt. And yet are vve not altogether vnfurnished of a scripturelie example, but rather vve are so furnisshed, that God, Hier. lib. 1. cap. 12. as longe before foreseinge that there shulde come suche vnnaturall cauil­linge quarrellers, against hys creature and prouidence, and against theire ovvne natu­rall Princes, hathe as yt were all at ons mett vvith them, and ansvvered to all suche ca­lumniouse cauillinge of yours and suche o­ther, as ye shall by and by vnderstande. A woman pardie, A womā the Image of God, as vvell as man. yf we beleue you, must not kepe the state and honour of a Prince and Quene, and whie so I praye your? Was not she created to the Image of God as vvell as man? And dothe nor she represēte the ma­iestie of God? Dyd not God blesse them bothe? Gen. 1. & 3. Did not God bid them rule over the fishe of the sea, & ouer the fovle of heauen, [Page 139] and over everye beaste that moueth vpon the earthe? But what thinge meane ye by the Image of god? Ephe. 4. Meane you as saīte Paule seameth to meane? That man was created in rightuousnes and trevve holynes? This ys trewe also in the woman. Some thyncke that the Image of god representeh the bles­sed Trinitie, which ys (as suche an hyghe thynge maye be) some what resembled by memorie, by will, and by vnderstandinge: Which are in women, as well as in men. What thinge ys there that reason, wytt and vnderstandinge maye reatche to, that wo­man hathe not, Vvomen learned. or maye not atchieve ād at­tayne? For learnīge, there haue bene manye women exacthe learned in Musicke, Astro­nomye, Clem. Ale. Stromat. li. 1. Plato in Mene­xemo. Phylosophye, Oratorye, Physyke, in Poëtrye, in lavve ād Deuinitye. Atossa the Quene of the Persyans, of whom we haue spoken before, was the firste that inuen­ted the manner of writinge of epistoles: Socrates ī Symposio Platonis. Aspasia was schole maistresse to that nota­ble Oratour & Capitaine Perycles: Albericus lib. 6. qui filiū. ff. vbi pupill. ed. Diod Sic. lib. 1 & 5. Bibliot. the no­ble Philosopher Socrates was not ashamed to be tawght of Dictina. Accursiꝰ hys daugh­ter ꝓfessed the Ciuill lawe opēlie at Bono­nie. The Sibilles be famouse amōge writers [...]swel christiās as other. Paula ād her davgh­ber [Page] Eustochiō were notable learned: ād di­uers other womē in Saint Hieromes time (as yt appearethe in his vvorkes) besides diuers other before his time, Hieron. praefat. in Sophōn. or Whō he makethe mētion, as also of the afore named Aspasia, of Sappho, Cornelia, and suche like. Hypa­tia passed all the philosophers of her time, Trip. hist. li. 11. c. 12. & succeded Plotinꝰ in Plato his schole opē ­lye professinge at Alexandria diuers liberall sciēces. Diod. Si­oul li. 1. & 5. Bibliot. And what were the nine Muses, but virgins moste excellente in the same: Who is called the Goddesse of learninge, but Miner­ua? Which also founde owte the Arte of plā ­tinge and settinge. What shoulde I nowe spe­ake of the noble learned womē of our Bri­tanie? Of Cābra the dawghter of kinge Be­lin, who promulged the lawes which of her name (as some of our contrey men writte) haue theire denomination and are called Si­cambricae. Of Martia Proba, of Helena, and suche other the like. We neade not rūne vp to so highe and farre yeares: we haue herof at home late and also presente, and worthie examples, emonge whom I maye sett with the firste and beste our Quenes noble ma­iestie. Perchāce ye will obiecte, that womē are vnable and insufficiente to consulte of greate & weightie affaires, as beinge but of [Page 140] weake and feble witt and counsaile. Illa Numae cōiux con­siliumque fuit. Ouid. 3. fast. Yf this reason holde, Iustini. auth. vt īdic. fine quoque suffrag. in princ. leg. be­ne: C. de p̄script. quadri­ennal. Herod. halli. l. 1. Triꝑt. l. 9. ca. 31. Paulus Diaco. de gestis long. Beda: li. 1. cc [...]ie hist. ye muste ex­clude from all princelie honour and regimente, all kinges that be vnder age, or otherwise that lacke discre­tion, Iustinian and other Princes cō ­sulted with their vviues in publuke af faires. as well as women. And yet as weake as they are, Numa kinge of the Romaines and the greate Mo­narche Iustinian, besides others, did consulte to the singulier commodi­tie of them selues and theire com­mon weales, with theire wiues, for the better orderinge of the publike affaires. The life of the greate mo­narch Cyrus vvas preserued by the counsaile of an heardemans wife Theodosius also the Emperour toke greate benefitt by the God counsaile of his wife. Women the occasiō that Kīges their hus­bundes were con­uerted to the faythe Thodelinda was the oc­casion that her husbāde Agillolphus kinge of the Lumbardes, Paulus Aemil. lib. 1. Pluta. in cōpara. Nume & Lieur. & & in vita Aegidis. Aug. de ciui. dei: l. 18 c. 9. and Bertha that our kinge Ethelbertꝰ▪ Clotildis that Clodoueus the kinge of France receaued the Christian faythe. Th [...]delīda The Lacedemoniās the wisest people a­monge the Graecians, Bertha. and the Athe­nienses also vsed in the olde time to haue womē present, Clotildis. at the debatinge [Page] of publicke affaires, which thīge was practised amōge the olde Germās. Cornel. Tacit. de moribus Germano­rum. Neither Socrates nor plato, do altogether remoue womē beinge apte & mete therto, frō publicke ad­ministratiō. Aristotle confesseth, that in the cōmō wealthe of the Lacedemoniās, Plato de repub. 5. Aristot. Pol. 7. many thīges were done by Womē. The saide Aris­totle thowghe he p̄ferre the rule ād gouer­nemēte of men: Plato and Aristotle do not vt­terlye re­iecte wo­mans go­uernemēt. Yet dothe he not reiecte the other, as vnnaturall, but grauntch. [...]. That sōetime womē beīge greate īheritours▪ haue the prī ­cipalitie. Nowe that manie cōmon weales haue bene cōmendablie and worthelie go­uerned by them, Ethic li. 8. ca. 10. and that in theyre gouer­nemente lacked neyther witt, policye, dex­teritye, prudence, liberalitye, iustice, nor mercye (whiche amōge all her other prin­celye qualityes, glistereth most orientelye in our most gratiouse Souereigne) neyther any other thīge mete for a Prince, I coulde easelie declare, but I do forbeare by reasō of tedieusnes, ād for that in the ꝑusinge ād dys­cussinge of the stories by me alredie rehear­sed: yt Will moste easelie, moste fullye, and moste euidētlie fall owte to all suche, as be desirouse to trauaile therin. In case all thys will not satisfye you and that ye thynke yt still to be vnnaturall and against scripture, [Page 141] for a woman that ys ordeined to be subie­cted to her husbande, to be the gouernesse and head of a publike state: And that ye thīcke also that thowghe for all other respectes, a Woman myght be a governesse yet consideringe, that she muste have the mana­ginge of Martiall exploytes, which in deede maye seame in no wyse agreable to a Wo­man, and ys suerlie the difficultiste matter of all in our case and question, and that you can not, or wyll not be satisfied, vnlesse ye maye for this, and all other dowbtes, be by scripture persvvaded: Lo then I bringe to you one authoritie of holie scripture, to ser­ve all turnes. Debora was gouernesse of the levves by Godes spe­ciall ap­poītemēte. I Bringe, I saie, noble Debora, to decide & determine all thys cōtroversie & cōtention. whō, ye cā not denie, vvas the cheif & supreame magistrate, over the peo­ple of God, to Godes vvell likinge, & by his owne especiall gratiouse appoītemēte. She hearde, determined, & decided all manner of litigiouse, Iudic. 4. & dowbtefull controversies, aswell for bargaynes & contractes, as for dowbtes & ābiguities of the lawe: And that not by other magistrates intermediāte, but by her selfe personallie. Erat autē Prophetissa. she was a ꝓphetisse. Hom. 4. in 4. c. Iudic. Which wordes Origines singulerlie well dothe note: saiēge that holie scripture dothe not vse such phrase of spea­kinge [Page] of anye other of the Iudges: leaste that any man shoulde grudge and repyne (as the frowarde natured man dothe) at womēs regimēte. Pollio vo­piscus in vita Aure­liani. Let no mā tell me nowe of the cowragiouse Amazones? Let no man tell me of zenobia the Quene of the Palme­ryes, Hero. l. 8. and beside her excellēte learninge of her noble cheualerye, Iust. lib. 2. nor of Artemisias, that whyte liuored ād cowarde Perses, hys manlie wyfe, nor of our manlie voadica? Nor of any other the wyse polityke victo­riouse Quenes, Iudic. 4. that we haue before named, or of any suche like. Ioseph. antiq. Owre Debora shall serve vs, Iudic li. 5. cap. 6. one for all. Iabin the kinge of the chanonites had kepte the people of Israël, for theyre synnes and offences to God, twē ­tye yeares in greate miserye slauerie and bondage. He had three hūdred thowsande fotemen, tenne thowsande horsemen, and thre thowesande chariottes, seruinge for the exploites of his warres. This noble De­bora sent for Baracke, willinge him to mu­ster the people, and with tenne thowsande men to sett vppon Sysira Iabins capitaine. The greate victorie of Debora. But Baracke wolde not go vnlesse she wēte also: well sayeth she, I wyll go with the. Whē they shoulde haue buckeled, Baracke and the Israëlytes, fearinge the huge [Page 142] multitude of the enemyes wolde have re­coyled backe into some saulfer and surer places. Naye sayeth Debora, departe not, plucke vp your hartes, for all ys ours. And vppon this they encountred with the ene­mie, and beholde there fell sodenlie vpon the enimies faces so vehemente à storme of rayne ād hayle, that yt toke from thē theire sight, and did so sore beate them, that for verie coulde and weakenes they were not able to holde theire weapōs in theire hādes. There vpon beinge wonderfullie discow­raged, breakinge theire arraye they toke them to theire feete, and in fleinge some were slaine by the Israëlites, some by theire owne horse men and chariottes. Sysi [...]a him self was also slaine. I speake not this of De­bora by cause, I thincke warlike matters properlie and so well to apperteine to wo­men as to men. I knovve & do vvell allowe the sayenge in Homer of Hectour to his wyfe.

I speake yt to this purpose onelie to shewe that a women maye not onlie have ciuilll regimente in other thinges, but maye inter­medle [Page] also when the case requirethe vvith vvarlike matters, The ce­remonies that kīges of Englād vsed in theyr co­ronation. and be presente vvith the armye in the felde. And this also amonge o­ther aunciente and solēme ceremonies, the gyrdinge of our Souereigne at her corona­tion vvith a sworde, the settinge of a paire of Spurres to her heales maye well signifie. Which ceremonies, thovghe they haue bene vsed from the time of kinge Edwarde the confessour at least, Vide spe­culū histo Richa. Ci­cest. lib. 3. cap. 3. or from the noble Allu­red, and that vpon kinges onelie, except our ovvne time: Yet the reason and significatiō of the same maye and dothe take place in womē Princes also, and in our Souereigne, All be yt [...]. Ambr. li. de vid. thinketh, her to haue bene a widove, ād Barach to be her sōne, saīge: strenuos e­nim nō se­xus, sed [...] tus facit. vid. caeter. ibidem. to putt her in remembrance to chastice and represse malefactours with conuenient Ius­tice. Yea vvith speade to pursue not onlye by her vnder officiers, but in her owne Royall person (yf the necessitie of the time dothe require yt) her maiesties inwarde, or owterwarde ennemies, vvherein she hathe a presidente in this vvorthie Debora. This Baracke of whome we haue spoken by the consente of the moste parte of the exposi­tors of holye scripture vvas Deboras hus­bāde: Whereby ye maye see, that the matri­moniall dewtye of the vvife to the husbāde dothe nothinge repugne to the publike ad­ministratiō [Page 143] & office of the wife eache with other maye frēdelye and peaceablye agree, She maye serue all turnes to the contentati­on of God, her husbande, & of the commō welthe. For the respecte wherof, the saide husbāde beinge but a member and percell of the same, and as subiecte to his vvife in that respecte, as any other: She maye, yea & owght to cōmaunde the saide husbāde, and as the case maye stāde, seuerelie to punishe his owteragiouse behauiour & doinges tov­ardes the saide cōmon wealthe. This noble Debora therefore cōdemnethe your cōclu­siō, bothe vnnaturall and derogatiue to ho­lye scripture. Neither will this euasion re­leaue you (that some of your affinite, for the maintenance of this so wronge an opinion haue vsed)▪ that this ys but one bare and an extraordinarye priueleged and ꝑsonall ex­ample, One onlye exaple in scripture a sufficēte p̄ ­ [...]idente. hauīge none other the like in scrip­ture: & therefore not to be drawē to make therof a rule or presidēte, for womālye go­uernemēte. Yf this your replie be effectuall, then farewell the baptisme of yōge childrē, wherof yt wilbe harde to finde more then one, yf that one exāple maye be fownde in all the holye scripture. Thē fare wel a nōber of rightes, ceremonies, customes, & orders [Page] aswell ī ecclesiasticall, as ī politicall affaires, all which haue but one, & some no one ex­ample at all therein: Yet yt so beinge that the vse therof ys not repugnāte to the saide holye scripture, they haue bene, they are, & maye well here after be kepte, vsed and ob­serued. And yet I knowe no cause, but that the worthye Iudithe Iudith: 13. maye be an other ex­ample also. Wo thowghe she were not the gouernesse of the cōmon wealthe at that time, Iudith. c. 8. but others: Yet played she that parte, that seamed moste abhorringe and strange to woman kinde in deuisinge, yea and most manfullye and meruelouslye executinge in her owne ꝑson the renowned slawghter of the arrogante, haughtye and prowde Tyrāte Holofernes. The slawghter of Holofer­nes by Iu­dith. As her stomacke and cowrage was manlye and stowte in that acte, so vvas she not onlye a noble vertuouse womā, but a meruelouse vvise vvoman vvith all, and so was taken & iudged to be of all the people. Whereby yt vvill follovve by good reason, that in case she had bene the gouernesse of all the people, her go [...]nemēte wolde haue bene aswell ꝓfitable to the cōmon welthe, as cōformable bothe to nature & the holye scripture also. Which example thowghe yt maye seame sufficiente to ouerthrowe your [Page 144] answere, be yt neuer so artificiallye forged, to Debora: Yet to refute and to refell yt vt­terlye, not onlye by examples, but eauen by plaine and full aucthoritie of holye scriptu­res, lett me be so bolde, as to demāde your answere to a questiō or two? Firste whether if a man seased in landes and possessions die vvith owte issue male, his dawghter by holy scripture, shall enioye the saide landes and inheritāce, or no? In case ye saye she shall not, the plaine vvordes of the scripture euident­lye do reproue you. Leuit. c. 6. Yf you graunte yt, then aske I farther, vvhat yf any ciuill gouerne­mente more or lesse be annexed and vnited to theis inheritances (As yt ys not onlye in Empires and kingedomes, but in manye Dukedomes, Yt sea­meth plaīe by the ru­les and vvordes of holye scripture that a wo­man maye haue ciuill gouerne­mente. Erledomes, yea & Lordeship­pes also) Whether she shalbe excluded from the saide her inheritance? Yf ye saye yea, then do you saye against the scripture: yf ye saye that the Inheritance muste remaine in her, and the ciuill gouernemente to others, then saye ye against all reason, againste the vse manner and custome of the vvhole vvorlde. Yt ys but your ovvne fonde folishe glose. Where vpon I do inferre, that vvo­manlye gouernemente ys admitted not on­lye by theys examples, but eauen by the ve­rye [Page] vvordes, rules, and decrees of the holye scripture. And so I truste ye are▪ or haue cause to be fullye satisfied, as vvell towchīge your allegatiō that vvomālye regimēte ys against nature, as also touchīge a brother to be cho­sē kinge. Neither the lavve of God nor reason is a­gainst the Quene of Scottes right, as the aduer­saries pre­tend [...]. And therfore I cōclude agaīst you, that neither the lawe of God, nor of nature, nor yet reason, vpon the vvhiche also you grownde your self, do reiecte the saide Qu. marie frāche successiō of the crowne of En­glande. Your reason ys, that where the peo­ple erecte them self an head of theire owne kinred and nation, there nature assuerethe the people of naturall gouernemente. And vvhere a stranger cariethe opinion of vnna­turall tyranie, yt assuerethe the ruler of na­turall subiectiō. To a stranger ys murmorre and rebellion threatened. But nowe yf this excellente Ladye and Princesse be no stran­ger, and be of our ovvne kinred, and of the aunciente and late Royall bloude of this re­alme (as vve haue declared) then ys your rea­son also vvith all auoided, which maye and dothe oftētimes take place ī more strēgers, cōminge in by violēt and forcible meanes. But here as naturall a man, as ye make your self, ye seame to go altogether agaīst reasō, and against nature also. Yf Princes children [Page 145] vvere to be counted strangers and aliens, or to be suspected as enemies and Tyrās, succe­dinge to theire owne progenitours inheri­tance. Yt vvas an vnnaturall parte, & a gre­ate follye in the noble kinges of this and manye other realmes, to geue ovvte theire dawghters to forren Princes in mariage: & in steade of p̄ferringe & auancinge them by threire mariage, & procuringe therby frēd­shippe and amitie with other Princes, to dis­able theire saide children from theire aun­cetours inheritances in those contreyes, frō vvhence they originallye proceded. And as it seamethe by your kinde of reasoninge, to purchasse and ꝓcure beside to them therby an opinion of ennemitie and tyranie. This, this I saye, ys a frovvarde and an vnnaturall interpretatiō. A frovv­arde ād an vnnatu­rall inter­pretatiō of the aduer­sarie. Nature mouethe and driueth vs to thincke othervvise, and that bothe a a prince vvill fauour, loue, and cherishe the people from vvhēce he fetcheth his royall bloude, and by vvhō he muste novve main­teine kepe and defende his royall estate, & that the people likewise will beare singuler loue and affection to suche a one, especial­lye of suche knovven princelye qualities, as this noble Ladye is adorned with all. Suerly [Page] yt ys no more vnnaturall to suche a Prince descendinge from the aunciente and late Royall bloude of the kinges of Englāde, The Que. of Scottes no strāger to Englād. to beare rule in Englande, and as yt were to retorne to the head and fowntaine from whence originallye she sprange: Then yt ys for all flouddes and riuers, (which as homer sayethe) flowe ovvte of the greate Oceā sea.

To reuerte, Ecclesia­stes cap. 1. returne, and reflovve againe to the sayde Ocean. This coherence, con­iunctiō, copulation, inclination and fauour runinge interchangeablye, betwixte suche a Prince and the people, ys no more strange to nature, then ys the cōiunction of the tree and the rote therof, then of the fowntaine and the riuer issuenge from thence, then of the sonne, and the sonne beames: & finallie, then ys the coniunction betvvixte the olde ancient louinge grād mother and her yōge and tender dawghter. Neither do I well knovve howe I maye better call noble En­gland, then a louinge grandmother to this good gentle Ladie whom vve (I do not dowbte, yf euer God call her to the Royall seate therof) shall not onlye finde a louinge ād gratiouse maistresse, but a most deare ād [Page 146] tender good dawghter. For theis and other considerations, the lawes of the realme do not, nor euer did estrāge suche princes from the succession of the crowne of the realme. Which by reason of the saide naturall incli­nation and beneuolence of the one to the other, standethe vvith the lawe of God & nature, & with all good reason. And there­fore your cōclusiō ys againste Godes lawe, nature, and all good reason: Whereby you full vngodlye, vnnaturallie and vnreasona­blie, do conclude an exclusiō of the Quene of Scotlande (pretendinge her to be a strā ­ger) to that right, that God, nature, and rea­son, and the trevve hartes of all good natu­rall Englishemen, do call her vnto, as the deare sister and heire apparente to our no­ble Quene Elizabethe. The which her saide iuste right title and intereste, we truste we haue nowe fullye proued and iustified, and sufficientlie repulsed the sondrie obiections of the aduersaries. And as theis beinge the principall ovvght to breade no dowbte or scruple in any man, so manye other folyshe, fonde and fantasticall obiections, not wor­thye of any ansvvere, that busie quarrelinge heades do caste forthe to dishable her right, or to disgrace and blemishe, either her ho­nour, [Page] or thys happie vnion of bothe real­mes, yf God shall sende yt, in takinge our gratiouse Sovereigne from vs withowte is­sue (vvhich God forbide) ovvght muche lesse to move any man. Whose maiestie God longe preserve and shylde, and blesse her yf yt be hys pleasure vvith happie issue. But yf yt please hym eyther to bereave vs of hyr maiestie, or her maiestie of all suche issue, then yet (that we maye not be altogether lefte desolate & confortlesse) thys happye vnion vvill recōpence and supplie a greate parte of thys our distresse. An happie vnion I call yt, by cause yt shall not onlie take avvaye the lōge mortall enemitie, The greate cōmoditie that shall come to Englande [...] ād Scotlā ­de by the vnion of thē in case this successiō chāce. the dead­lie hatred, the most cruell & sharpe vvarres, that have so manie hundred yeares bene & continued betwixt our neighbours the Scottes and vs, but shall so entierlie conso­ciate and conioyne, and so honorablie sett forthe and aduāce vs bothe and the vvhole Ilande of Britanye, as neither tōgue can ex­presse the greatenesse of our felicitie and happines, nor harte vvishe any greater. The olde enemitie hathe trodē downe & kepte vs bothe vnder fote, and hathe geuen occa­sion to the cōmon enemie, as the Danes ād other to spoyle vs bothe. Yt hathe caused for [Page 147] theis thowsande yeares and more, so infini­te and so ovvgelie slavvghter, as it Will gre­aue and pittie any mans harte to remember, and yet neither to the greater augmētation of our possessions at this daye, nor to theire muche losse. They hauinge loste nothinge of theire olde aunciente inheritāce sauinge Barwikle onlie. Yf this coniunction ons happen, and yf we be ons vnited and knitt together in one kingedome and dominion, in one entire brotherlie love and amitie, as we are alredie knit by neighbourhode, by tongue, and almoste by all māners, fasshiōs, and behaviour, then will all vnnaturall and butcherlie slawgher, so lōge hyther to prac­tised, cease. Thē will reste, quietnes, welche, and prosperitye encrease at home: Thē will all owtewarde Princes our Frēdes reioyce, and be cōforted: & our enemyes dreade vs. Then wyll the honour, fame and maies­tye of the Ilande of Albyon daylye growe more and more, and her power and strēgth so greatelie encrease, as to the frēde yt wil­be a good shilde: And to the enemye an horrible terrour. The shall the owtevvarde enemye litle endomage vs. Then shall we with our children after vs, reape the plea­ [...]te fruites of this noble coniunction [Page] wrovvght this to our hādes by Godes good and gratiouse prouidence vvithovvte expē ­ce, force or slawghter, which hitherto a nō ­ber of our covvragiouse, vvise and mightie Princes, haue theis thovvsande yeares and vpvvarde, sovvght for (but in vaine as yet) vvith so excessiue charges, vvithe so greate paynes, vvith so manye and mayne armies, and vvith the bloude of so manie of theire subiectes. Then shall vve moste fortunatelie see, and moste gloriouslie enioye a perfecte and entire monarchie of this Ile of Britanie or Albion vnited and incorporated after a moste maruelouse sorte, and in the vvor­thie and excellente person of a Prince mete and capable of suche a monarchie. As in vvhose person beside her vvorthie, noble and princelye qualities, not onlye the Royall and vnspotted bloude of the aunciente and noble kinges of Scotlande, but of the Normans and of the Englishe kinges with all, as well longe before, as sithens the conqueste, yea and of the Bri­taines also, the moste aunciente inhabitans and lordes of this Ilande, do wonderfullye, and (as yt were) eauen for suche a notable purpose, but the greate prouidence of God, moste happelye concurre. The euidente [Page 148] trewthe wherof, the sayde Quenes peti­grewe dothe moste plainelie and openlie sett forthe, to everie mans sight and eye. Then I saye, maye this noble realme and Ilande be called not Albion onlye, but rather Olbion, that ys fortunate, happye and blessed. Whiche happye and blessed coniunction (when yt chauncethe) yf we vnthanckefullye refuse, We refuse our healthe and welfare, and Godes good bles­singe vppon vs. We refuse our dewtie to God, who sendethe our dewtie to the partie whom he sendethe, and our dewtie to our natiue cōtrey to whom he sendethe suche a person to be our Maistresse: and suche com­modities and honour with all cōminge the­reby (as I haue sayde) to whole Albion, as greater we can not wishe for. And finallye we procure and purchase as muche as in vs liethe, suche disturbāce of the cōmon weal­the, suche vexations, trobles, and warres, as maye tēde to the vtter subuersiō of this real­me. From which dangers God of his greate ād vnspeakeable mercie defēde & preserue vs, & kepe ꝓtecte & defēde this realme with our noble Quene Elizabethe, and the saide Ladie Marie Quene of Scotlande, with the nobilitie & subiectes of bothe the realmes [Page] in mutuall frendshyppe and godlie amitye, with longe prosperouse estate and all good quietnes.

Amen.