❧ A defence of the honour of the right high, mighty and noble Princess Marry Queen of scotland and dowager of France, with a declaration aswell of her right, title & interest to the succession of the crown of England, as that the regiment of women is conformable to the law of God and nature. ❧ Imprinted at London in Flete street, at the sign of justice Royal against the Black bell, by Eusebius Dicaeophile. Anno Dom. 1569. ❧ THE AUTHOR TO THE GENTLE READER. IT is not unknown to thee (gentle Reader) being an English man what great contention hath of late risen in England, what talk and writing have been touching the right of the Queen of Scotland to the succession of the crown of England what hot schools and disputations have been kept in many places here, touching the right heir apparent of the crown of England, if God call to his mercy our gracious Queen & Sovereign elizabeth, with out issue of her body. Neither hath this stir stood with in the list of earnest and fervent talk of each side, but men have gone on farther, and have aswell by printed as unprinted books, done their endeavour to disgrace, blemish and deface, as much as in them lieth, the just title claim and interest of the noble and excellent Lady Marry Queen of scotland, to the foresaid crown: Yea they have in uttering their gross ignorance, or rather their spiteful malice against her grace, run so on headlong, that they have expressly denied and refused all womanly government. All woman's regiment refused of some Among other one of these rash, hot, hasty and heady companions, hath cast abroad about july last, a poisoned pestiferous pamflett, against the said queens claim and interest. Wherein he avouchethe also that the civil regiment of women, is repugnant both to the law of nature, and to the law of God. It is more over well known to all England and scotland, what a business and stir there hath been, what earnest vehement and violent talk, what false feigned and forged reports and opprobrious slanders have been bruited, as well in the one as in the other realm, against the said virtuous good innocence Lady and Queen, by the crafty malicious drift of her rebellious subjects. Who have not only blown abroad, and filled men's ears with loathsome and heinous accusations against her grace, touching the slaughter of her late dear husband: But have also upon this false slanderous crimination taken arms against her, imprisoned her, & spoiled her of all manner her costly apparel & jewels, and also bereaved her of her princely and Royal authority, intruding themselves into the same, under the name and shadow of the young Prince her son. touching all these points, ye shall have now, good reader, in this treatise following divided in to three books, The contents of the books following. an answer. And for as much as Solomon writeth, and this good Lady so taketh it, that a good name is to be praised and valued above all precious ointments, Ecclesi. 7. above all gold and silver, Prove. 22. and that the impayringe of her honour by these fowl and slawnderouse reports, doth touch and nip her heart nearer, then may the loss of any wordly honour, hanging upon her by expectation, or that she hath enjoyed, or doth presently enjoy, or any other grievous injuries that she hath most wrongfully but most patiently suffered. It is thowght good that the defence of her honour should forego the other two books, whereof the former entreatethe, debatethe and discussethe the right title and interest of the said Queen mary, to the succession of this crown of England. declaring her said right and title to be good and lawful, by the common law of this realm, and the acts of parliament therein held, with a full answer of such objections, as the adversaries lay forth against her said right, by colour of the said law or parliaments. And for as much as with our foresaid new found doctor, neither common law, nor acts of parliament, seam to serve for a sufficient plea, but that we are by him driven, also to plead by the law of nature and by scripture: We have adjoined in the third book a convenient answer to this fond fantastical and dangerous assertion, as well to the states of other Princes, as to the state of his and our gracious Sovereign. Wherein we avouch woman's regiment to be conformable both to the law of God, and the law of nature. Which treatise may seem ꝑchance to some as superfluous, neither I greatly deny it, and there fore might, and would gladly have spared so much labour and travail, if this little poisoned pamflett had not many readers, and many also favourers and allowers, or if the matter did not so nigh touch even our own gracious and noble Sovereign, or if this lewd assertion were not (as it were by a Sampsons' post) with the countenance of the law of nature, and Gods holy word underpropped, or if that Gods holy word were not now a days wretchedly applied (God reform it) and licentiously wreathed & wrested to the maintenance of every private man's fancy and folly, and as fondly and folisshelie credited & embraced also of other fantastical persons, or if this man were the first, See the first Blast. or like to be the l●ste maintainer and setter forth of such a strange and dangerous Paradox. Or if, there have not already been published and divulged by print english books, for the maintenance of the said strange doctrine. Which was (if we shall credit the setters forth of it) first well considered, & then advisedly allowed by such persons, as a great multitude of people in many countries do now greatly esteem and honour, or if the danger of this doctrine stretched not to many other great Princes and kingdoms, or to conclude, if the divulgation of this doctrine, stood only in English Books, and that there were not, Bodinus in metho. ad cognit. hisstor. that have showed their fond fancy therein even in the latin and most common tongue of all. For these and other causes, we have set in the last book a confutation of this gross and dangerous error. where as also he enueyethe most slanderouselye against her highness for the foresaid slaughter with bare naked, but spiteful reproaches and out cries, with out any manner of kind or countenance of good proof, we will refer the Reader to the foresaid defence of her honour. By the which answer ye shall see her integrity & innocency, and with all that her accusers have in this matter played such a Tragedy against their gwyltles Lady and gracious Sovereign, as lightly the world hath not hard of the like. The which their false slanderous, The commendations of divers kings for releavinge of other Princes being in extremity. owtragiouse, rebellious doings, it is hoped that our gracious Queen will well consider and ponder, and will take some convenient order also, aswell for the repressing of them, as for the restitution of the said Queen Marie into her own realm. And the rather because our said Queen is learned, and therefore not ignorant what great commendation and immortal fame, many kings have purchased to themselves for such benefit bestowed upon other Princes, being in the like distress and extremity. The monuments of antiquity, as well profane as Ecclesiastical are filled with the memory of such noble facts. In holy scripture we read that Abraham cowragiouselie and manfully delivered his brother Loath, Genes. 14. which certain Kings taken prisoners by their enemies. Esdrae▪ 1. Cyrus' delivered the jews from captivity. 4. Reg. c. vlt. Evelmerodache delivered joachim the King of juda out of prison. 1 Machab. 15. The Romans did write to diverse Kings in the favour of the jews unjustly oppressed. What shall I speak of Alexander the great, that restored Ada the Queen of Caria? Or of the foresaid Romans that restored Masinissa the King of Numidia, with many other Kings? Or of our noble Cordell, that set up again in the Royal throne of our Britanny, her father driven from thence by his two other unkind and unnatural daughters? Some Princes of this our realm have in their great calamity, & among other, king Henry the sixth found much comfort, friendship, succour and relief, at the kings hands of scotland. This Lady & Queen desierethe now to taste the like at our queens hands. Whereby she shall win greater commendation, than did Charles the late Emperor, for restoring either of Francis Sfortia to the dukedom of Milan, or of Muliasses to the kingdom of Tunes, or of his son king Philippe for ꝓcuringe the restitution of the Duke of Savoy. For this Lady and Queen is her most nigh neighbour by place: And her nigh cozen and sister by blood. She is a Queen, and therefore this were a fit benefit for her relief from a Queen. Yea she is, as it were her daughter, both by dawghterlye reverence she beareth her majesty, and by reason she is of God called to the daughter's place in the succession of the crown, if her majesty fail of issue. And I doubt nothing, if she employ this motherly benefit upon her, but that she shall find her, a mindful, thankful, & an obedient daughter. For of all women in this world, she abhorreth ingratitude. She hath hitherto depended only upon the hope, The great trust that the Queen of Scots hath ever had in her dear sister the Queen of England. to have help and secure of her majesty, giving over, partly voluntary, partly at the motion of her majesty, divers proffers of aid and secure by other mighty and puissant Princes her friends freely to her offered: reposing herself upon the fair and princely promises that her Majesty hath made to her sundry times aswell by letters, as by messengers, for her relief: when so ever opportunity should occasion her to crave it. For these and many other considerations, there is good hope, as is a foresaid, that our gracious Mistress will take in hand her restitution. Where upon, I trust, shall follow such farther and entire amity between them both, and their realms, that the benefit, fruit, and commodity thereof shall plentifully redound, aswell to all the posterity of both the said realms hear after, as to us presently. ❧ The printer to the reader. I Require and heartily pray thee (good and loving reader) that if in this present Book thou find any alligation not duly coted, or a point out of place, a letter lacking, or other wise altered: as, n, for, u, and such little light faults against orthographiae, thou wilt neither impute the same to the author of this worthy Work, nor yet captiously control the error: but rather of thy humanity and gentleness, amend that which is amiss with thy pen. For if thou diddist know with what difficulté the imprinting hereof was achieved, thou wouldest rather curtouslye of friendly faveur pardon many great faults, than curiously with rigorous censure to condemn one little. Christ keep the in his faith and fear presently and perpetually. Amen. ❧ A DEFENCE OF THE HONEUR OF THE right high, right mighty and noble Princess Marry Queen of scotland, a●d Dowagere of France. The first Book. IT WERE to be wished, that as God and nature hath most decently, ordinatelie, and providently furnished and adorned man, with two eyes, why that nature hath given co man too eyes and two ears and but on tongue. two ears, and butt with one mouth, and one tongue, wonderfulye bridled and kept in with the lips & the teeth▪ So men would consider the cause of it, and the great providence of God therein, And after dew consideration use themselves accordingelie. Then should we soon learn and practise a good lesson, to hear and see many things, and yet not to run headlong, nor rudely and rashly to talk of all we here and see. But to talk within a compass, and to refer all our talk to a temperancy and sobriety, and to a knoven tried treuthe: especially where the said talk may sound, to the blemishing and disgracinge of any man's good name and estimation. But now a days (the more pity) thereiss nothing almost but that as soon, as it is perceived by the eye or ear, must forthwith be lasshed out again by the mouth, such a superfluous and curious ytchinge we have dissolutely, and unadvysedlie to talk of all matters, thowghe they tend to the great hindrance and infamy of many of our brethren. And thowghe we be nothing assured of the certain truth of the matter, yea without respect to private or public persons. Of such unbridled talk, no man or woman in our days hath, as I suppose more just cause to complain, than the right excellent Princess lady Marie Queen of Scotland: whose honour many have gone about to blot and deface in charging her most falsely and injustly, with death of her late husband the lord darley. For the defence and maintaining of whose innocency in this behalf, we intend to lay forth, before the gentle reader, the most chief and principal reasons, grounds and arguments, where upon the patrons, the inventors and workers, of all these myscheavouse and develyshe dryfts, ground themselves and all theyre owteragyouse doings. And then consequently to infringe and repulse the same. For to rehearse, answer to, and repel all their assertions and objections, it would require a very long, tedious, and a superfluous discourse, in as much as these jolly gay orators, measuring their doings, more by number of false objections, then by true, substantial and pithy matter, to make a goodly flourish and a trim show, to face out and countenance their crafty jugglings, And to cover their disordered dealings, there with all, have raked up and heaped together oneuppon an other, against their good mistress and Sovereyne Queen, no small number of slawnderouse Articles. But in all this rabblement, in all this raking and racking, what thing else do they butt utter and disclose their own spiteful malice, and malicionse spite, to the discreditinge of their cause, and themselves also. Even as the accusers of Aristophen among the Athenienses did, by whom he being ninety and five times greavouselie accused, was yet every time by the judges cleared, and found guiltless. As I do no whit doubt, but that this good innocent lady will be, by the verditt and sentence, of all indifferent men, rid and unburdened in like manner, of all manner of suspicion, that these reproachful men would by their malice and ambition bring her into, by their wylls with all the world. For as goodelie and as great a muster as they make, two parts of their slawnderouse accusations, are manifest false, and open untrewthes, and fowl forged lies. The reside we thereof, thowghe in some part they bear truth, and be nothing preindiciall to the Queen in this matter, yet are they full calumniouselie, and mervelouse maliciouselie depraved, drawn and wrested to the worst, The effect and drift of the whole tendeth to this, that first they would we should beleave that after her marriage, her mind was as it were alienated from her husband. secondly they pretend certain letters, that they surmise, & would have, to have been written by her grace, whereby they seek to infer against her many a presumption, as their wily brains imagine. But the most weighty of them all, seamethe to them to be her pretenced marriage, whereof we will lastly entreat. And yet though they have done, their worst, though they have cast out, all their spite and malice against her, yet never have they been able by any direct and lawful means, to prove any thing at all, wherebi they may stain her grace's honour, in any one of the foresaid points. Had they brought forth any such necessarily concluding illation, we had not attempted this defence in her behalf, but would have yielded, and given place to an open known truth. But saying that the best matter they have to support their doings with all, is nothing else, but presumptions and surmises, which yet are not of the surest and most probable sort, neither such, as are presumptiones iutis, & de iure, contra quas non admittitur probatio. seeing also, that we ought always in crminall ca●ses, but chiefly when a Prince is touched, who is God's anointed, to be more proclive and prone to favour, then to hatred, to be readier to absolve and release then to detain and condemn. Men should be rather prone to absolve then to condemn. And that it is far better, and a more sure, more indifferent, and upright way to save the gwyltyes life, then to condemn and cast away the innocent: I trust and am in assured hope, that all the indiferente readers hereof (this being the cause and woeful adversity of a Prince, whereas the like estate of Princes ought, and is wonte to move and stir all honest hearted men to commiseration and pity, and to do their endeavour, to the redress and reformation of such wrong and oppression done) will with indifferency, and with out all parcyallitie weyghe and consider the allegations of the one and the other side, and judge of the matter as it falleth out accordyngelie, which is the very thing we most desire. And seeing the adversaries through out all their cause wander by guesses, and uncertain presumptions, let us also, as I may say abuse a little part● of owr defence, what say I abuse (parchance trewlye, if we had no better matter, or they had any good matter at all) nay rather use them accordingelye for the more ample and better trial and justification of our cause. We ask them then, why the better and the stronger presumptions, should not frustrate avoid and set back the weaker and the worse? This sex naturally abhorreth such butcherly practyzes: surely rare it is to hear such foul practises in women. And may we find in our heart to beleave, that it is now at length found in, and practised, by such a lady and Princes, from whose person, her noble birth, her honourable state, and princely education, and the whole trade of all her godly, and virtuous life passed, do far repel and drive away, all such suspicion and conjectural presumptions? And whom all christtian Princes have had in high estimation, & worthy price, for her great prudency, and many other princely qualities, the which full goodly do adorn and beautify the grace & comeliness of her royal personnage. Doth any man or woman fall to extreme lewdenes all at on's? No verily, we do both rise & fall by degrees: aswell to all singular virtues, as to all extreme naughtiness. Let them show me then if they can any evil doings in all her former life, where upon to make a sinister divination to fastenupon her their treacherous accusations? What unseemly owtragiouse, and unprincelye part hath she hitherto played? Let the noble roiaume of France testify of her demeanour & behaviour? Let her own subiets that be not her open enemies, charge her as far as they can? Yea let these her open enemies, and her double double traitors accuse her hardly & spare her not? But yet let them well think with all at their better leisure, and they shallbe better advised whether there be any indifferent parson, who will not both detest, and utterly abhor, the perverse and naughty nature of such ingrate traitors. Or that will not think it far unlike that this noble Queen, who hath so gratiouselie pardoned them double and triple treasons, would ever find in her hat so to use her own dear husband? This is unlikely, This is incredible: And the more all circumstances considered. For if she had been so desirous to have been rid of him, as they falsely, and maliciouselie imagine, and report her to have been, she had good and lawful means to serve her turn. Albe it he was her head in wedlock, yet was he otherwise but a member of the Scottish common wealth, subject to her, as to his principal and supreme governess, and to her laws. By the dew and ordinary, It is nothing likely that the Queen would have sowght the destruction of the lord Darley by this means whom she might have openly put to death by justice. process and course whereof, he might justly have been convicted, condemned, and executed, as well for the murder committed upon David her Secretary, in whose body his dagger was found stabbed: As for the imprisoning of the Queen, and for th'attempting to remove her from civil government, to intrude himself thereto, and for divers other the like pageants by him played. Who can now reasonably think, that where she by law and justice might have fully satisfied this her falseli surmised will and desire, that she would not take these opportunities in this sort offered, but omitting them all, seek unlawful means to his distrustion? This vehement presumption of her innocency is much helped for that she would not consent to a divorce between her and the lord Darlie (as we shall hereafter declare) though she were moved thereto by a great numbered of her nobilité, and by such as be now her greatest adversaries. ● add farther thereto, as a great and an urgente presumption, and token of her innocency and pure conscience, The Queen contrary to the mind of her nobles came into England. that she voluntarily came into England (refusing the offers of divers of her own subjects, who besowght her grace, to repair into their quarters, proferringe to preserve her grace safe therein) where she knew right well were the father and mother of the said lord Darlei, And a noble Queen that would not see the blood of her near cozen unrevenged, and a worthy sort of men of nobility also, who would neither suffer such a fact to pass and escape unpunished, nor so virtuous and gwyltles a Queen to remain without aid help and succour, being With rebels and traitors shamefully oppressed and bereaved of her royal dignity The worthy saying also of the Wise Cassius, Cicero pro milo. is here to be remembered, The notable saienge of. Cui bono? Whereby he did signify, that in such dowbtfull coniectural cases, a man may make a great aim and conjecture against the person appeached, Cassius, cui bono? if by the fact doing he should enjoy any special profit, emolument or commodity, If the Queen had after his fatal and final end, purchased to herself the matching in marriage With any great and mighty Prince for her great advancement, or any other increase of her honour or advantage whatsoever: there had been some colour and show, Whereby you might have an apparent presumption. Again she was not ignorant but that his death, either proceeding from such naughty means, or otherwise naturally was likely to be a marvelous great stay and impediment to her great affairs. Among other things the testimony and confession of divers gwyltie (as they be reported) & executed in Scotland for the said offence which they openly made at the time of their death, doth tend much to the advancinge and approbation of her innocency. these men yet peradventure will reply and say, that these are but slender presumptions And yet were it so, that they were of force sufficient, they must yield to an approved truth. It remaineth now then that We consider how sure and substantial their proof is. Concerning therefore the first part, We Will not all together deny, but that she Was somewhat estranged from him, and therefore they might have spared a great sort of their neadelesse and frivolous arguments, and yet flat and plain lies Withal to prove the same. But fie upon the cruelty of these accusers, The queens enemies lay to her discord with the lord Darley whereof they were the authors. Who were the very authors themselves. And themselves the only Workers and bringers to pass of all this discord: training this silly young gentleman by their gwylefull and wily circumventions Wretchedly to conspire With them against his own dear Wife, and dread Sovereign, to the most cruel and detestable slaughter of her trusty Secretary David, and to the imprisonment of the royal person of the very Queen herself. These and many other like pranks and practices, as the revocation of you the Earl murray, and of other traitors of your ally and affinity, with out the queens knowledge by the lord darley, his yowthfull, rash and temerarious device, to depart the realm, with many other like practices, purposes and attempts, for his princely parson very unmeet, and far unseemly, ye craftily suppress, and speak no word off, for fear off burning your own clothes. I say therefore fie, and double fie upon the impudency of these traiteurs. Now to lay to the queens charge, and reproachfully to object to her changing of her mind toward her husband, which rose and began upon causes, for the which they had been long erst trysed up, yff they had not fortuned upon, and met with so gracious a mistress: As I know, and they thowghe undeseruinge it do well feal, that the whole world hath very few her like. And yet all this your pretenced alienation of her accustomed faveur from him, not with standing her very motherly care: (for besides all other respects, though they Were not far different in years, she was to him not only a loyal Prince, a loving and dear wife, but a most careful and tender mother with all,) was never a deal lessed or minished: Albe it for a time she did dissemble and forbear owtewardelie to show and utter, her inward heart and affectionate love, upon most just and good respects: As the manner and practice of providente and most loving parents oftentimes is, toward their dear children, for the better reclaiming of the wanderinge mind, and wavering will of the yowthfull unadvised gentleman. And therefore heating and advertissed, that he was repentante and sorrowful, and that he desired her presence, she without delay, thereby to renew, quicken and refresh his spirits, and to comfort his heart, to the amendment and reparinge of his health lately by sickness sore impaired, The Queen was fully reconciled to the l. Darley before his death. hasted with such speed, as she conveniently might to see and visit him at clasco. Where, as also at divers other places, especially at Edenborowghe, she from time to time most lovingelie entertained, and most tenderly cherished him ever, even to the very last hour, that ever she saw him. Whereby it did to all men most evidently appear, that all manner of displeasure or variance, whatsoever your conjectural surmises suppose, to have been between them: or your seditious practices and ambitious proceedings had sown in their stomaches and minds, was not only now well assuaged and fully appeased, but utterly for ever quenched, as being altogether forgotten, and trodden (to your much misliking, and great discomfort) under foot of them both, never to be renewed again. But for as much as these men do well perceive, that y● this be treve, (which is in dead so certainly true, that they themselves are for the manifest evidence thereof, even driven and forced to acknowledge and confess the same) Than their great Samsons post of discord and debate, where with they would underprop and uphold all their traitorous proceedings, as also this their mischivouse accusation, and grievous crimination, the which they had fully now conceived, and brough as they hoped to perfection, by the mischievous drifts of their shrewd wily develishe disposed brains against her, would fail then, & fall to the ground. For this consideration I say they now measuring these most commendable doings of the very virtuous and well meaning Queen, by their own deep and double dissembling crafty nature, their former drift failing them, began to lay a new foundation to build their longue conceived treasons on: And say, that all this courtesy, favour love and amity, was but a set matter on her part, and colourable show, and a dissembled drift and feigned pretence, by her colorablie conveyed, upon none other purpose, but to flatter and entice him to Edemborowe to his bane, which say they appeareth by her own letters. It irkethe and greavethe them to the very heart to hear of the reconciliation, And therefore they toil and tumble from one kind of lying rhetoric to an other, even quite contrary. For as before they found great fault with her for estranging her favour from him: so now at the last they mislike at her great travail taken in her progress to visit and comfort him, judging and reputing all her dutiful kindness as hypocritical and counterfeated dissimulation. Wherein by their malicious construinge and wrong interpretation of well and commendable doing, they represent the natural disposition & frovarde inclination of the devil: who hath that name, for that he is willingelie, and of purpose, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 a malicious false reporter and a slanderous accuser. As for the letters they take hold on and slander her for, we shall hereafter examine them whatweight they bear. Well then if there were such a reconciliation made between them, as I have said to be, as there is little or no cause at all, why any man should think, that the Queen was privy or ware, of the means of his death, so may it seam but mere superfluous, for us either to rehearse, what surmised difference were between them, or to confute the falsity of all such allegations namely seeing that in some thereof, they charge the most innocent Queen, The adversares charge the Queen with their own wicked devices. with their own most lewd, nawghtie, and wicked devices and detestable practices. As for an example & proof thereof, the Earl murray and his counsel ꝑceavinge that for a time, the Queen seamed not well to like of her husbands doings (albe it what soever her said misliking were, it was, as is afore said, for the love off him in respect of his own profit and commodity) being very desirous to bring home again their confederated mate, the Earl Morton who then was in banishment, and remained in England for the slaughter of David her Secretary (with out whose presence and present advice, their fetching practises were half maimed, & lacked force to take effect) Were earnest suitors that if she would pardon him, they would procure a divorce between them, whereto she would not agree. The Queen moved by them to make a divorce with the l. Darley. But what have the is good men now done, think ye, in this part? Suerlie they have played the said pageant with this innocent Susan, as the two wicked judges did play with the other former Susan. They lay hard to her charge their own nawghtie and wicked counsel and devise. It were therefore but a vain, and lost labour for us, to stay and tarry long upon the confutation of their own crafty malicious inventions and proceedings, in procuring an alienation of the queens mind from her dear and well-beloved husband, The accusation touching letters sent by her to the Earl Bothwell. or upon any other alienation what soever, it so being that they themselves can not deny, but that there followed a good pacification and reconciliation between them. We will consequently therefore consider the second principal point of our discourse. For they they say that they have a sufficient prouf, to justify the chiefest part of their accusation. A proper justification perdie: this is their jolly witness, this is their singular jeuhell, whereby they set much store, the value whereof in their eyes sight, they repute and account as of an inestimable treasure. This most necessary witness they have always attendant at hand, and ready at a beck to serve their turn at a pinch when need requireth, for all their purposes and Attempts. If ye doubt of the verity of any part of their accusations, this witness though it never saw nor heard of any such thing, will full fair bleat it out, and make all things according to their mind, as clear as crystal, or as the bright shining son. So that if this witness on's failethe them, than all their accusation failethe them therewith, and by and by quailethe. And sowthlie this witness (yet all this not with standing) what else is it, but a blind, a deaff, and a doom testimony, of certain obscure letters written and indited (as they most falsely, and as vainly avowche, and were never hitherto able to prove) by the Queen to the Earl Bothwell. It is forsowthe a box off letters taken from one Dowgleisshe who was executed for the lord Darleyes' death, the Earls man forsowthe, which letters he received at Edenborowghe of one Sir james Ballfoure, to convey to his master: thus say they. The unlilikelie tale of the Earl Both wells letters surmised to be sent to master Ballfoure. But we say to you, as is said in Terence. Non sunt haec satis divisa temporibus. The very time, if nothing else were, bewraiethe you, and your whole cause with all. Is it to be thought, that either the Earl would send to the said Sir james, who had before assisted the faction against the Queen with the force and strength of Edenborowghe castle, And driven from thence the very Earl himself, or that the said Sir james would send any such thing to the Earl? Is it likely? Is it credible? Had the forgers and inventors of this tale by seamelie conveyance parted and divided the distinction of his times? How say you? Where as now it is in no case to be supposed or conjectured, that such a wise virtuous lady would send any such letters. Yet putting the case that she had sent them, it is not to be thowght, that either the receavour thereof, or that she herself, whom ye conceive to have sent them, would have suffered them, for the hasardinge of her estimation and honour to remain undefaced: namely seeing there was a special mention made, and warning given forthwithe to burn them, and make them away. nevertheless, when you have taken your best advantage you can of them, In case the surmised letres were sent by the Queen they can make no good proof against her. such kind of letters missive and epistles, especially not containing any express commandment of any unlawful act or deed to be committed and perpetrated, not ratifienge or specifienge the accomplishment of any such fact already paste, but by unsure and uncertain guesses aims, and conjectural supposing, are not able in aniewise to make a lawful presumption: much less any good & substanstiall proof not only against your Sovereign and Prince, but not so much as against the poorest woman or sympliest wretched creature in all scotland. Suerlie the civil law Wills, that in criminal matters (for such are these) the accusers allege and bring fourth nothing but that they may be able to approve and justify, by the testimony of good and lawful witnesses, l Fin. C. probat. or by some other most manifest, clear and evident proof or presumptions. Sciant cuncti accusatores eam se rem deferre in publicam notionem debere, What exquisite proofs be required in criminal causes quae munita sit idoneis testibus, vel instructa apertissimis documentis, vel indicijs ad probationem indubitatis & luce clarioribus expedita. This rule ought to be observed and kept, in the simplist and seliest poor man's cause that is. And think you now, these surmised letters neither have superscription of the writer, nor subscription, neither any date, neither signed nor sealed & the bearer never knewen. you most ungrate and unthankful subjects, that ye may lawfully take arms against your mistress & most benign Queen, that ye may cast her into vile prison, and spoil her of her crown? And Which is more, of her good and honourable name, fame, and estimation? And then blear men's eyes, and face the World owte With the show of these letters, as it Were with a card of ten? But yet say you they are her letters: she denieth them, and We deny them to. There is neither subscription of the writer, nor suꝑscription unto whom they Were directed, they are neither sealed nor signed: there appeareth neither date Wherein they Were dated, neither day nor month. There is no mention made of the bearer, Who is as it may be supposed, for any name he beareth, the man in the moan: He Was never yet known, nor heard of that did either receive, or deliver them. For as for him that ye surmise Was the bearer of them, and Whom you have executed of late for the said murder, he at the time of his said exencution took it upon his death, He that was the surmised bearer, at his death denied the same. as he should answer before god, that he never carried any such letter, nor that the Queen was participante, or of counsel in the cause. Think ye that wise & expert men are ignorant, how perilous and damngerouse a matter it is, to fasten any good proof upon collation of letters, and how easy it is to some men to imitate & counterfeit any character? the which a knight late deceased in England, could so lively and subtly do, An easy thing to conterfeite a man's hand that he Who written most crabbedlie & vn●eageablie could hardly discern his own hand Writing from the knights counterfeiting hand. But Who conferred these letters I pray your with your Queens own hand writing? Dare you to Warrant them in this so perilous and weighty a cause, to have been so exquisitely and so exactly viewed & conferred with all such dew circumstances as the civil law doth require, were it but a civil or a money matter? You will peradventure answer, that there was dew collation by you made. O perfect and worthy collation? O meet and apt men for such a purpose? As though it is not notoriouselie known throwghe out the World, that ye are her most mortal enemies, as thowghe these counterfeit letters were not the underpropped posts and upholders of your whole treachery and usurped kingdom? As though that many in Scotland could not express and resemble, and counterfeit in their writing, the queens very character? And as though there were not amongst yourselves, some singular artificer in this handicraft, and that hath sent letters also in her very name aswellinto England, These letters were feigned & contritved by the queens adversaries. as to other places beside, without either her commandment or knowledge? How can I chose them but say, that this dead is your shameful handicraft, & not her hand writing. Yea surely, all this is your own feigned forging, most vile counterfeiting. If you be angry with me for thus saienge by you, I hope you will be soon cold again, seeing that I will not bring out any dead witnesses as ye craftily do contrary to reason and law. Quia testibus non testimonijs credendum est. Nor such like, but good, sufficient and lawful witessnes, such as ye can not by any just exception or tergiversation, avoid or elude. And those are none other, but even yourselves. For either you must bring forth good and apparent witnesses to prove it her hand, or some such as Were privy to the meaning of the same letters, wiche ye neither yet have done, nor are likely ever to do, or ye must grant that you Were privy to them yourselves With the Queen, or at least With the said Earl, Whom ye surmise to have received these letters, or that all this is by you maliciouselie driven and concluded. If ye grant us, that ye were privy of the said letters, we trust than you will be good to the Queen, and if it were but for your own honesties sake. If ye deny that, and with all that you Were the contrivers thereof yourselves, We pray you to tell us and blush not, how you could so redelie and so directly hit the interpretation of these Words (our affairs) and What these words should mean, there being so many affairs as you pretend in these your feigned false letters between the Queen and the Earl. That only thing, that by these words ye surmise, pretend and conjecture. I suppose that if you were well examined of this point upon the sudden, and were urged and vehemently pressed by any indifferent and upright judge, you would be somewhat to seek: And yet take at your leisure as good advisement, and as long consultation with yourselves as ye can, and may think meet: And seek as many fine fetches as ye list, ye never shall shift it of, with honesty, norwell rydd your hands thereof. Whereof I for my part do take myself full assured, and therefore do think it a neadelesse discourse for me to make any farther descant upon such an unpleasante, jarring, and untunable plain song of your own setting and making: And am right well contented that ye do make as gay glozing comments and interpretations as ye list, and as your couninge and skill serwe you, to this your own shameful untrue texts. But now weigh and consider with yourselves I heartily pray you, and see whether that all your legerdemain and close conveyances in your false play, aswell touching and concerning your fit juggling box, as all your other like tricks and cuninge illusions, be not fully espied and plainly and openly Inowghe laid out to each man's eye to behold and view. And as touching your said juggling box, you have been very foully and marvelously overseme in the close and clean conveyance of your fingers. For that a man more than half blind, may perfectly see and perceive your foul play, for as much as the very self said dowgleishe, whom among other ye have executed and rid out of the way, hath said and sufficiently declared, for the queens innocency. Nay, Nay parhapps you will say, although our letters, although our dead Witnesses, and although our other matters fail us, yet we hope that the little faint mourning she made for his death, the acquittal of the Earl, and her pretenced marriage with him will, help your cause, and give testimony against her. And why so I pray you? Was not his body enbalmed, inseared, and interred beside the queens father, the late king james, accompanied with justice clerk, the lord of Traquare, and with divers other gentlemen? The ceremonies in dead were the fewer because that the greatest part of the counsel were protestants, One answer to the adversaries objections, that the Queen did not mourn the death of the lord Darley. and had before interred their own parents, without accustomed solemnities of ceremonies: Neither is there any such order or custom, as ye pretend and make your reckoning of, for the reservation of the corpse forty days, nor any such observation was kept and used, about the corpse of the very father of the Prince, neither yet was there any such order taken or appointed by the counsel for the enterringe of the said lord Darley his body in such sort as ye notify, but even directly to the contrary. Yea ye are as little able to ꝓue, that there hath been any such customary solemnity observed, of so strait and strange a mourning, as ye most severely would restrain and bind the Queen unto, as ye be able to prove the residue of the premises. But in case ye could well justify some such usual order, yet shall ye never be able to show, that it doth extend and apparteine to such kind of Queens, as she is. For they mourn their husbands who were kings, her grace mournethe after an other sort: she a prince, her husband a private man and her subject. They, as women most commonly do take their honour and chief dignity of their husbands. Her husband's increase of advamcement came by his matching with her. l Liberorun §. de his qui mutantur inf. And further women by the civil law, are in divers cases discharged & excused for their omitting thereof, and forbearing their so doing. And yet did this good gentle lady bemoan, even such a notable time, enjoinge and using none other then candle light, as was known to all the nobility of scotland, and also to one master Henrye killigrave, Who Was sent thither by the Queen of England to her comfort, according to the use and manner of Princes. Who had a longer time in this lamenting wise continued, had she not been most earnestly dehorted from her longer prolonging thereof, by the vehement exhortations & persuasions of her counsel, who were moved thereto by her physicians informations: declaring to them the great and iminente dangers of her health & life, if she did not in all speed break up and leave that kind of close & solitary life, and repair to some good open and wholesome air, which she did being this advised and earnestly thereto solicited, by her said counsel. All Which yet notwith standing this her fact, is with these most severe and grave Censeurs taken for and reputed as the very next sin of all, to the most grievous sin against the holy ghost. But o good pitiful men who for the very tender love, and singular affection which, you dit ever bear to the lord Darley (the Which truely Was so vehement that for your exceeding hot & fervent love towards him, ye ever sought his heart's blood) do now so pitifully bewail him. But if she had by reason of the closeness of the air, & somewhat longer continuance in her mourning place, and in her dumpish desolate and doleful estate, accelerated her own death withal, then had she by the Earl Murraies, and his adherents ghostly judgements mourned like a good honest wife, and to their best contentation: It being the right way and readiest means to have conveyed and brought the said Earl to that place, Where unto he so long and so gredelie aspired to, and the which now at the length he hath achieved and attained unto. As for the residue of their saying, if there be any fault in the Queen, it surly falleth double and triple upon these Achitophells'. And the good innocent lady, Who hath been so wretchedly and so unworthily by them abused, and circumvented, is more to be pitied, then to be blamed. The Earl Bothwel was acquitted by his peers, according to the common and ordinary trade and maniere in such cases usually observed. These unnatural and disloyal subjects, these most shameful crafty colluders her adversariers and accusers, I mean the Earl Morton, the lord Simple, the lord Lindzaye, with their adherents and affinity especial, procured, and with all diligence laboured his purgation and acquittal, which was afterward confirmed by the three estates by act of parliament. These, these I say, whereof some are now the vehement and hot fault finders, and most earnest reprovers and blamers of the said pretended marriage, were then the principal inventors, practisers, persuaders, and compassers of the same. They procured a great part of the nobility, to solicit the Queen to cowple herself in marriage with the said Earl, as with a man most fit, apt, and meet for her present estate and case. first alleging the dangerous world, The consideration moving, or rather forcinge the Q. to this pretenced marriage. and oft inculcatinge into her mind and remembrance, the present louse time and dealings of men, wiche the better to prevent, and more surly to with stand, by their counsel and ꝑ●●vadings induced her, and by other their● crafty doings, as it were, enforced and constrained her to take a husband, to be her comforter, her assisteur, her buckler, and her shield, to defend her against all her whatsoever adversities and adversaries. If she would be contented so to do, they promised him service, and to the Queen loyal obedience. Yea many of them bound themselves to the said Earl, by their own hand writing, to assist, maintain, and defend him against all men, that would then after challenge or pursue him, as gwiltie of the said crime. The which their doings, the Queen considering and fearing dangers imminent, and withal calling to mind the sundry and divers uproars and seditions, already made against her, the wretched and most cruel murder of her Secretary in her own presence, the late strange and miserable murder of her husband, the distress, the discomfort, and desolation wherein she was presently bewrapped, the Earls activity in martial feats, and the good and faithful service done by him to her mother, and to herself fearing some new● and fresh stir and calamity, if she should refuse her nobilities requests (thowghe very circumspect and naturally prudent in all her other doings) yet nevertheless a woman, and especially never to that hour, on's admonished either openly or privately after the Earls acquittal, that he was gwiltie of the said fact, nor suspecting any thing thereof, yeldeg to that, to the which these crafty colludinge seditious heads, and the very necessity of the time, (as it then to her seamed) did in a manner enforce her. Let them now lay on load, let them now rage and rave against this acquittal and marriage: Let them lie, to their own shame, upon their own devices, and doings, thereby to defame their Queen. Let them lie that the Earl of Huntley was restored to his father's patrimony, to procure his sister's consent to the divorce between the Earl and her, which restitution was made, but not for that consideration, but because the Queen thought in her conscience, his father wrongfully condemned. Let them cry out upon the Earl Bothwell for that the sentence of divorce was promulged partly by force, partly without the just and usual order of the law, and without sufficient proof. Let them cry out upon him for his violente taking and deteininge the Queen. Yet if they cannot precisely prove the queens consent to any of his unlawful acts, as they shall never do: then can they not get or gather any just occasion (which is the thing they only seek for) to suspect the Queen of this grievous act. On the other side it is well known and easily to be proved, that this faction, did chiefly procure, as we have said, aswell the acquittal, as the supposed marriage, and therefore by likelihodd was privy of all other consequent devices and practices. Wherefore they do nothing but blow out, and blaze to the world, With their own foul filthy mouths, their own shame. And do fare like a man, that doth thrust a sword through both his own sides, to prick a little, and raise but the owtewarde skin only of his enemy. Ye may now well perceive (gentle reader) that hitherto they have produced little matter of credit against their Queen, and yet as it appeareth, very good matter against themselves, and for their own discreditt. Now may ye therefore easily conjecture, and by these their chief and principal matters and grounds, easily perceive, what account is to be made of all the residue of their lewd slanders, and what small force and strength, all their whole sayings do bear. They see it, they see it welinowghe themselves, good reader, whereby they well perceive, and fully understand, that they altogether are unable to bear out and maintain by reason, ●ustice, or law, these their owtragiouse and seditious proceedings. And therefore they set upon them the best colour and countenance they can. Where in you shall now hear, what they did allege being in England for themselves. The adversaries declaration before the Queen of England's commissioners. They say that no man can charge them, or the residue of their nobilité, that they have gone as much as one only step, from the office and duty of good subjects, in taking arms against the owtragiouse enormities already committed, and to prevent the great dangers imminente to the persons of their Queen, and her dear son, to their nobility, and to the whole state of their weal public. And that it was no small heart's grief to them, to hear what villainy all nations thowght and openly speak of them, for suffering such a tragical matter to escape unpunished, which thing engendrethe of us (say they) among strangers, and all foreign nations an ill and sinister opinion of some comen consent thereto made by our whole nobylitié. Yea to see also the very executor thereof himself, by violent force, to teake, detain, and keep his & their Sovereign, and with marrying with her to distain her honour. Wherefore to set her majesty at freedom out of his bondage, to preserve her honour, and the person of her son, and by dew punishment of such a malefactor, to recover their good name and estimation, with the rest and quietness of their country: When they had but in vain attempted aswell all other means, as by the offering to the Earl singulier battle, they were driven to gather force, to resist them, Who came to the field against them with a strong army. But he refusing either to wage singular battle, Which was then offered to him, or to join in battle with their camp, escaped by flight. The Queen in the mean while rendered herself into the nobilities hands there assembled, and by them was conveyed to Edenborowghe: But afterward they Were of very necessity compelled to sequester her, until such time, as some remedy might be found for these matters, into Lochleven, where she having now advised with herself, and fully perceived her own disability to sustain the weight of so great a room, freely & voluntarelie by their saying, gave over the crown to her son: appointing the Earl murray, being at that time out of the realm, to be regent thereof, during her sons minority. The Earl Bothwell not long after, being by them pursued fled the realm, to escape their hands. Now this said resignation, by the Queen on's made to her son, he was forthwithe by them solemnly crowned, and he as king, the Earl murray as regent obeyed, and the state of both these regiments, was by act of parliament established. Where upon quietness began to increase, and justice more and more daily to take place. Which yet some persons (say they) much enuienge at, to the dysturbance of the same, and of the king his authority, first practised, contrary to the said their Act of parliament, the queens deliurance out of Lochleven, and then showed themselves in arms. But as their attempt, say they, was unlawful, so the victory fell against them, on owrs the righteous side, Whereby god himself seameth to have given sentence for the equity of our whole cause against our adversaries. These are the principal allegations, these good men have proposed, for the justification of their proceedings against the Queen, before the most excellent and mighty Princess elizabeth Queen of England. Finally, they say that the most part of themselves, are for particular benefits privately so much beholding to their said Queen, that a number of them could be contented, and well willing, if they might preserve scotland in the state of a kingdom, preserving also the profession of true religion, with the king's person, & the whole state from danger, to live Willingly in perpetual exile & banishment. God be thanked, that after that these seditious & traitorous subjects, have been so stout and storming in the reconinge up and accumulating of faults & offences, of their innocent mistress & Queen, they are yet at the length forced to answer for themselves, and for their excessive outrageous rebellious doings: Their gay glorious glittering excuses, may ꝑhapps at the first show, seam to some of the Readers, to have a jolly face of much probabilité, great truth, and fervent zeal to the Weal public. But may it please them advysedlie and deapelie to ponder and weigh, aswell what we have said, as what we further shall say, in supplement of full answer, and then to judge and dame of the matter, none otherwise then reason, equity, & law do crave. They shall at length find out, and throwghlie perceive and know, these men's dealings and doings, Who as yet cover their foul filthy lying, detestable practises, and traitorous enormities, with such a visard of counterfeit false feigned holiness, and such exceeding great show of zeal to the queens honour, in punishing off malefactors, and to the preservation of the state of the realm, as thowghe all the world would fall, and go to rewen, if it were not upholden & underpropped by the strength of their shoulders. They shall see how they will appear in their own natural likeness, so owgelie, that all good hearts will utterly detest them, and think them most worthy for example sake, to all the World hereafter, of extreme punishment. We affirm then first that as they have produced nothing in the world touching the principal points: As of the lord Darleies death, the acquittal of the Earl Bothwell, and the queens marriage with him, justly to charge her withal: So are they themselves, aswell for the said acquittal and marriage, as for their damnable and rebellious attempts against their Sovereign, and for many other enormous crimes, so far and so deapelie charged▪ so foully stained, and so shamefully marked and noted, that never shall they With all their hypocritical fine fetches, be able to rub out the dirty blotts thereof from their skirts. Which thing will be easily perceived of them, that will vouchsafe and advisedly consider the fond, frivolous and contradictory excuses, they make in their own defence. At the begining their open surmised quarrel (whereby they went about to draw the people's hearts to themselves, and to strengthen their own faction) stood in three points, as appeareth by their excuses, and by their pretenced proclamations. The first was, to deliver the Queen from the Earl Bothewell who violently detained her, The causes that the Rebels pretended at the begining. and to prevent dangers, imminent to her parson. The second to revenge the king's death upon the said Both well, whom they knew (as they pretended) to have been the principal doer in the execution of the said murder. The third Was, to preserve the young Prince, the queens son, This is their jolly and holy pretence. Now let us see how conformable their worthy proceedings are, to these their colourable cloaked holy collusions. The first gentle and humble admonition that these good loving subjects gave her, An answer to the first. to reform the surmised enormities, was in battle array at Bortwike castle, which they thought upon the sudden to have possessed with the queens person: where upon they being disappointed thereof, gatt into the town and fortress of Edenborowghe, by the treason of Balfoure the captain thereof, and of Cragmiler the provost of the city. Wherbi they being the more animated to follow and prosecute their wicked enterprise, began now to be strong in the filled. The Queen having also a good strong army, and thinking herself well able thereby to encounter with the enemy, and to repress their furious outrage, yet not withestandinge, for the great love and pity she took of them (though rebellious subjects) Wilinge as much, as in her lay to keep and preserve their blood from shedding, offered them fair of her own free motion, that if they would, peaceably come to them, and take dew and convenient order for the redress of all such things, as might appear by law and reason meet to be reform. Where upon the lord Grange was sent by the lords to her, The lord Grange promised upon his knees obedience in all the rebels names. Who in all their names most humbly upon his knees, assured her of all dew obedience, of security, and sauftie of both her life and honour: And so the good lady (her conscience bearing her witness of all her just and upright dealings and therefore nothing mistrusting) dismissing her army, yielded herself to the lords, Who conveyed her to Edenborowghe, and there set her at such a marvelous liberty, and in such securité and safety that all good men to the World's end, Will wonder at their exceeding good loyalty. first keeping her own palace, they set and placed her in a merchants house, and used her otherwise very homely. She now considering, and perceiving, to what end these matters tended, most pitifully cried out and called upon them, to remember their late promiss, or at the least, that she might be brought before the counsel, offering to stand to the order and direction of the states of the realm, but God knoweth all in vain. Fo● now had they the pray, whereon they intended, to whet their bloody teeth, or they did dismiss or forego her, as the event doth declare. Wherefore in the night privily she was conveyed, and with haste in disgwised apparel, The Queen inprisoned at lochleven. to the strong fort of Lechleven, and after a few days being stripped out and spoiled of all her princely attyrement, was clothed with a course brown cassock. After this these good loyal subjects, practicing and increasing more and more daily the performance of their said promised obedience, never ceased until they had usurped the full authority and regiment of the whole. In to the which thowghe they had entruded themselves, yet seeing as blind as they were, by disordinate, unseamlie and unmeasurable ambition, that the Queen remained and was still Queen, and that there was no just cause by the ordinary course of the law, or for any her demerits & deserts to bring her forth to her trial, that she might be convicted and deposed, went like good honest plain men, and well meaning subjects, bluntly to work, and consulted and determined to dispatch and rid her out of her life, unless she would yield to them and subscribe such writings, as they would send to her concerning the demission of her crown to her son, and the regiment of the realm to the Earl murray. Where upon the Earl of Athole, Secretary Ledington with other principal of their factious band, sent Robert Miluen to Lechleven to will her in any case, if she sought the safeguard of her life, to condescend to such demands and to set her hand to such writings as should be proposed and brough unto her. Which as they said to do, The Queen threatened to be rid away, if she would not renonce her crown. never could be prejudicial to her, being by force and violence extorted. Sir Nicholas Throkmarton also being then ambassador there for the Queen of England, gave her the like advice. Now at the last cometh the lord Lindzaye, sent in comisssion from their counsel, to present and offer unto her, the writings: who most greavouselie with full fearful words, & very cruel & stern countenance threatened her, that unless she Would thereto subscribe, she should lose her life. But call you this a free and voluntary yielding over and resignation of the crown? A voluntary assignation of the regiment to you the Earl murray? Yea surely, as free and voluntary, as a man with his own hands, casteth into the sea his goods, in a main and raging tempest freely and voluntarelie: saving that peradventure ye may reply and say that there is so much will in him, that he had rather bide the adventure of his goods & riches, then of his very life, being contented to redeem the safeguard of his life with the loss of his goods. And yet as voluntary as ye make it: Free and voluntary ye shall no more make it, than ye shallbe able to prove, that the people's good will was alienated from her, as ye surmise. For the procuring werof, ye have by your crafty slanderous leasings and wretched practises, done all the endeavour, your malicious and spiteful brains could invent and search out. But surly your doings have been so gracious, that if she had been so gracious, that if she had been deadelie hated before, they might have procured and gotten her a wonderful love and favour of the people again. And whereas she was (even as she well deserved) most entirely and tenderly beloved before, now ye have by these your so tragical and tyrannical proceedings, purchased to her such an augmentation and encrase of the same (especially when that the people among whom for a while, some ye have through your colourable crafty conveyances, made to misdeame, and have somewhat the worse liking of her, shall throwghelie and perfectly understand and know your said wily policies, as more and more daily they do) that she shall be much beholding, but no God have mercy to you therefore But now to proceed and go forward with your loving loyal proceedings towards her, ye never ceased nor stayed, until ye had procured and obtained a colourable parliament, wherebie ye got your usurped and unnatural kingdom ratified and confirmed: And not only all your wicked practices, already passed, but even what mischief soever you would, shousde afterward pass also, against her quietness and saufetie. And thus behold these humble obedient, & loving subjects, have purchased and procured a commission long before hand, the like whereof, as I suppose, was never in the world hard of afore, in any whatsoever rude savage, and barbarous nation or country, to slay, kill, and murder their own Sovereign Queen, & a most innocent Lady, at their own wills and pleasure. The which their said commission, they had in this wise executed long ere this, as it is credibly thought, if God had not 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, as the proverb is, wonderfully eluded, and myraculouselie frustrated this their mischevouse malicious purpose and intent. And yet is there one injury more, that doth grieve more, and molest this good gwiltlesse lady, than all these foretold naughty parts played of them against her. And surly not without just cause of greyf, for in dead it far passeithe and excedeithe them all. And that is their shameful & most traitorous diffaminge her, being all together innocent therein, with the death of her husband, as though that she had suborned the Earl Bothwell thereto, and rewarded him therefore with the marriage of her own body. Here perchance they will say▪ mary this is our chief quarrel in deed, this was the mark we principally shot at. The great love and zeal we bear to justice, An answer to the second. and the earnest desire we have to purge and rid the realm of the slander and infamy, that arisethe thereto by this horrible fact, movethe and stirrethe us up to seek by all means we can, the punisshinge of the said Earl, who was the comitter, and chief perpetratour thereof. If it so be, surly there is upon the sudden comen upon you a marvelous devotion. For Why? Were not ye and your band and adherents the chief and principal authors, assisters, fawters, aiders and abatours, for the clearing and justifying of the said Bothwell accused and indited, as gwiltie of the said murder? What is it that maketh you now so hot, that then were so could? Belike the world and wether is a new changed and altered of late. Yet tell us we pray you in good earnest, was your principal scope & zeal, to apprehend the Earl Bothwell? tell us then a good cause why you dismissed him, The queens enemies dismissed the Earl Bothwell when they might have taken him. when you might have had him at your pleasure? Did not the foresaid Grange, coming to the Queen from you, speak to him also? did he not take him by the hand, will him to depart, assueringe and telling him, that no man should follow to pursue him? Did not the Earl remain in the country at hand many months after, until the returning home of the Earl murray? And then for a face and countenance, there were made out to the seas certain ships to apprehend him, it being of you pretended, that he was now become an arrant pirate and rover upon the seas. Nay, nay, it was not he you so long sought after: it Was an other bird, and her ye had fast in the cadge, and therefore ye permitted the Earl to fly whither he would. But yet you say in your accusation put up to the Queen of England and her commissioners, that as he was the chief executor of the said lord Darleys death: so she was of the fore knowledge and counsel, yea and the maintainer thereof also, and therefore she both stopped the inquisition of the fact, and punishment of him: And also matched herself in marriage with him: I ask then, as before of you, why throwghe the special suit and procurement of your faction, he was acquitted and set on clear board? Why did you with a great part of the nobility, move, further, and work the said marriage as most meteste and necessary for your Queen? Why did you as by your hand writing it will appear, The queens enemies bound by their hand writing to obey the Earl Bothwell if he married the Queen. proffer and promise to him your faithful service, & to her your loyal obeisance? Why did none of all your faction, nor any other else either openly or privately declare & detect this matter to your Queen, before the pretended marriage? Was there no time nor occasion and opportunity, to give her warning thereof, but by the terrible and fearful blast and sound of the martial trumpet? For she (good innocent lady) hath upon her honour protested and plainly declared (the which her ꝓtestation also, the disorderly, ambitious and tragical doings, of these rebellious and traitorous subjects do much help and confirm) that afore her taking and imprisonment, she never knew, who were either principal or accessary: or by any means culpable and blame worthy, concerning the said murder. touching the third point it is not worthy the confutinge, An answer to the third. for these same men knew right Well, that the Queen had put her son saulf and sure inowghe in the gwarde and custody of the Earl of Marre. But see I pray you the impudency of these men: And consider how much it is to be mused and marveled at, Who are not ashamed to publish by open edicts and proclamations, that the Prince should be in more security and safeguard under the protection & keeping of the regent and usurping rebels, then under the hands and bringing up of his own most natural & dear mother, with divers other the like unnatural, ridiculous and absurd propositions. God bless him and grant him no worse to speed, than his most tender and loving mother daily wisshethe, and continually praiethe for. Who, good sweet babe, The Prince if he were at age would not like thenemies doings against his mother. if he had age and discretion to understand their doings, would give the Earl murray and his fellows but could thancks, for the intruding of him against his good mother, unto the crown and government of the realm, but would and might well say, that this was but a colour under his shadow to strengthen him the said Earl, against his good mother and perchannce against his own self to. His own unnatural coronation also (though these men much brag it solemnly and orderly to have proceeded) he Would as much mislike. Neither would be buy it so dear, nor come forth to be a king so unnaturally, as the vipers enter into the world by eating and gnawinge out the mother's womb. He would demand and ask what strange new found solemnity, and fond manner of coronation this Was. For the matter being of so great and weighty importance, of one hundred Earls, busshopps, and lords, and more that have voice in parliament, whereof all or the more part of them should have an agreement, liking, and consent, as to all other, so to these public doings also: there were no more present but four Earls only. He was unlawfully crowned. Whereof the most honourable, had not the seventh or eight voice in the parliament among the Earls, nor yet the first of twenty voices among all the states. We had farther but six lords, Who also were such, as had laid their violente hands upon their Queen afore, and put her in prison. And lest all should be void, if they should seam to lack their full congregation of the spirituality and temporality, in leapeth one bishop, and two or three abbotts and priors. But yet, were there not solemn protestations I pray you then openly made, and authentical instruments thereof made also, that what soever was that day done either for the coronation and investing of the king, or for the establisshinge of a regente, or otherwise against the queens royal estate, and person: it should not be to her in any point hurtful or prejudicial, as being then violently detained and imprisoned? Well you will allege peradventure, that all these proceedings were ratified and confirmed by act of parliament. Why the confirmation of the rebels doings made by an act of parliament is nothing worth. Yet all this not withstanding, this noble imp, if he were at ripe years, would no doubt acknowledge and allow no such disordered parliament. But would inquire of you what authority you had to call and summon the said parliament? He would say, that the ratefienge of the said dismission of the crown by his mother, is not allowable or to be approved. first by cause she was then in prison, and not at her own liberty: next by cause it was done by violence and forced with fear of life, and so whatsoever was builded upon this fowndation, being of such weakness, and so unstable, could never be firmly and surly established and corroborated. He would farther say, that divers of the chief and most principal among the nobility, nameli the Earls of Argile, and Huntley with the lord Herris, would not in any wise accord or agree thereto, otherwise than it should stand with the queens voluntary will, void and free from all manner of threatenings, force, and violence. Whereof they did full earnestly and solemnly protest, requiring their protestations to be enacted and recorded. He would more over say, that he could in no wise, well like of that parliament, that should so dishonour his own good mother, and make her to be an infamous Princess, having none other ground and proof to lead them to do so, but only a few uncertain guesses, and unknown obscure letters. He would no doubt for all these men● vain bostinge and bragging of justice and quietness, most tenderly lament and wofullie bewail, the miserable and pitiful case, and dolorous state of that silly poor ragged, and rend realm, the wretched and infinite robberies and spoils committed and done upon the true loyal subjects thereof, being daily moste greavouselie oppressed, and shamefully murdered: And the whole realm so mervelouselie maimed, that the very outward enemy doth sore lament to see it, or hear thereof, and that will be wondered at of all the posterity, so long as the world doth stand. He Would yet say, that in case there had been no injury offered either to his mother or to any other, he would not such misery should through him, or under his name be cawsed or occasioned, thowghe he might purchase thereby, the greatest empire in the world. Thus may every man see & perceive how dishonourable & how disloyal your acts & doings have been, and also how disagreeable to your saying protestations and praetenses. For ye pretended, at your first seditious motion (as we have declared) the queens liberty and honour, and that ye would duly and feaithfullie serve her, which your service what it was let your doings declare. Ye make pretence that ye took a●mes chiefly for the apprehension of the Earl Bothwell, and yet ye dismissed and let him go, being present, and never but long after, and colorablie sought him. Ye pretended the quietness and peaceable government of the realm, but the realm was never these many hundred years so disquieted & turmoiled with so sore storms and blustering tempests. The inconstancy of the Quens enemies, first pntendinge before the Q. and counsel of England, her voluntary dismission of the crow●e and that afterward that she was deposed. Ye pntended at your first inveienge and conference against your said Mistress before the Queen of England's commissioners, that she finding herself unable and vnme●e to rule and govern her realm and subjects, voluntarily yielded up and surrendered the crown. But the contrary is most apparently known: Yea you yourselves about two months after, quite forgetinge your first allegations say, that the states of the realm of Scotland deprived and deposed her. At What time ye also made solemn hypocritical and cloaked ꝓtestations, how loath you Were to publish and detect any matter to her dishonour. Whereto might be replied against you, aswell the rule of the law, that Protestatio contraria fa●to, non relevat, As the old Proverb: Crocodili lachrymae., the false traitorous tears of the hypocritical Crocodyll. Fie therefore and out upon these your Crocodile tears, whereby you would persuade & make the world beleave, that you would redeem and save her honour with your perpetual banissement. And as for the religion ye speak of, it were much to be merveled, and sore to be pitied, if that it could not be maintained and borne out without such fowl dishonest & owtragiouse means and shifts. But all this your great fear, least that Scotland otherwise should not be able to have and bear the countenance and maintenance of a kingdom, is mere vain and frivolous, and altogether neadlesse. For why should you thus fear, having such a noble Queen liniallie descending from the Royal race, of the noble Kings of scotland, and inheriting the crown thereof, of right. She having besides (God be thanked therefore) so goodly a noble Imp, when the time and law calleth him thereto, to succeed his mother: unless that ye be master knoxe his own good scholars, and such of his affinity, that have set up & erected a jolly new school (as we have declared) teaching that it is not lawful for a woman Prince to have civil gowernement. A strange doctrine of master knoxe against woman's government. These and many the like things would this good & gracious Imp, reasonably, and like a good natural loving child tell and reprove you of, if he were of discretion & intelligence to weigh and consider your strange proceedings and devilish dealings, against his most dear and tender mother. Yea he would tell you, that his mother's inestimable and unmeasurable benefits, were well and worthily employed, and bestowed upon such a wicked and ungrate generation. He would also say and tell you, that you should purchase yourselves small renown, and little reward of God, or of the world, for this your false feigned patience, in hearing yourselves called (and that full worthily) traitors and rebels. No more surly than if ye had hard, as now ye must (for this dainty dish we have reserved for your own tooth to the last course) and so proved withal, the devisers and procurers of the shameful, vile vilaynouse murder of the noble young lord, the lord Darley, your own mistress & Queens most dear husband. Whose tender heart, never any worldly thing so nigh and so deapelie peared as did this mischievous act. Ye triumph and vaunt of your glorious victory, The queens enemies fondly triumph of their victory against her true subjects. and of the unmerciful slaughter, ye have made upon the queens most loving loyal and feaithfull subjects. Ye value measure and rule thereby, the goodness and equity of your quarrel and cause. But this rule doth not always hold as never having exception and instance. The Israelites quarrel against the tribe of Benjamin, rising upon a truth and horrible fact perpetrated and committed by the Gabaonites, whom the Beniamites did defend (and not upon false feigned doings and outeragiouse ambition, as yours doth against your Sovereign) was a thousand times better, judic 20. and more just, The victory sometime falleth in the worseside. then is this your pretenced quarrel, and seditious uproar. And yet the Beniamites gave them a sore greavouse and pitiful overthrow. But if scripture only will not satisfy you, hearken to king Priamus who sayeth that in War osten times the good and the honest go to wrack, Iliad: 24. whereas verletts, thieves, and liars do escape. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. And surly it were no ill counsel for you to remember withal the old saying Respice finem: take good head what may fall out at the end. Ye do little weigh and consider the great providence of almighty god in this fact, Whereby he seameth to have provided such an indifferent way and so free from all sinister suspicion, for the prouf and justification of the queens innocency and integrity, and for the maintenance and preservation of her name and honour (the which she estemethe and preferrethe afore all earthly things) and for your utter confusion and shame, the like whereof could not by man be found. What shall I then say to you? How shall I begin or werein to you? Suerlie I may well cry out o Heaven o Earth, o God, o Man, hearken, hearken to such a heinous deavillishe device and drift, as dowbtlesse, neither tragedy nor any record of antiquity can lightly report a more heinous: Hearken I say to this detestable and abominable fact. Hearken of subjects that have consented unto, and caused their own Prince's husband to be slain, and not contented to enjoy their own impunity of so horrible and grievous a crime, have sought and invented means and ways willingelie and wittingelie to have slandered therewithal, their most innocent mistress and Sovereign, and have most wrongfully and full iniuriouselie cast her in prison, and spoiled her of all her princely estate, being in a readiness every hour to have bereaved her of her life and all: And as they have of themselves reported, have been of nothing more repentant and sorry, then that they have not fully executed their purposed mischief. We say then no less boldly then truely. First that the Queen for this fact is far from all fault. We say next, that ye murray and your companions are the very divisers and contrivers of the murder of this noble gentleman, yourselves. But to disclose and open these matters at the full, it doth require a very large scope and discourse. Yet will we as briefly as the cause will suffer ꝓsecute the same. For the first part that may suffice, that We have already declared, shall here after declare for her innocency. Now before we ꝓcede to the second, for thee, more evident and open condemnation of these men, Let us imagine that to be done, that never was thowght of her part, to be done. Let us imagine and suppose that the Queen Were therein gwiltie, In case the Qu. were culpable, yet are her enemies proceedings unlawful. ●s these men most faulselie and slaunderouselie report. Yet are all these their proceedings of no validity or force, and she remaineth still their Queen, and in her full authority, by good reason and law. The zeal to punish great crimes, is commendable, so it be measured by order and law. For as Aristotle sayeth, it is not enough to do 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 a good dead, It is not enough to do a good thing unless it be well done. unless it be 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Well done also. The one whereof respectethe the fact, the other the form, manner and fashion, the quality, means, and order of the doing thereof. Quae forma dat esse rei. This form and fashion of Well doing, hath not been observed in your ꝓceding. For it can not be well done, that is unlawfullie, unrightuouslie, and disorderly done. If it had been, but a poor private man's cause, for the lack of dew and convenient form in the treating and handling thereof, the Whole ꝓcedinge had been of none effect or purpose. The laws of well ordered common wealths, especially the civil law, The law giveth exceptions to the defendant against the judges the accusers and witnesses. the principal and mistress of all other civil policies and ordinances, do require in all judgements to be given against the defendante, three several and distinct persons: the judges, the accuser, and the witnesses. The defendante hath the benefit of just and lawful exceptions, as well against the judge, as against the accusers and witnesses, Each of whom may be rejected for open enmity toward the defendant, and for divers other causes. Accusers may be repulsed, some for that they have received a singular benefit of the party defendante, C. qui accusat non poss. l. iniquum & l. fi. l. q accuss. H. de accusat. as a bond man manumitted and made free, In case he will accuse his patron and manumissor: or if a man will accuse his educator and bringer up. Some for dearness in blood, and consanguinity, as the brother. Some for naughty and in famous behaviour, and some for other respects. Shall these ungrateful traitors then, that justly neither can be judge nor accuser, nor as much as witness against there sovereign, and to them a most gracious Queen, by any reason or law, play themselves all the three parts in the tragedy? For they have in all these their worshipful proceedings against her, made such a hotche potche, such a mingle mangle, such a confuse and disordered chaos against justice and nature, that they themselves were the accusers, they themselves the witness, they them selves the judges and examiners of her cause. Is there any honest meaning and gentle natured heart, that can on's patiently abide and suffer to hear these their taunting and intolerable owteragiouse inveings and accusations, especially of the Earls murray and Morton, the Captains, ringeleaders, and chief practitioners thereof, against her, to Whom they are most deapelie bound, aswell for high prefermente undeserved, as for divers pardons of death, by manifold treasons worthily deserved? To whom the one of them is by nature and blood (albe it base) as a brother entirely conjoined. And to Whom they both ought to be with the rest, as to their league lady, most loyally subjecteth. Shall they now with the lord Lindzaye be admitted to stain and defile her honour, to seek her heart's blood, Who long sithence had worthily lost their ingrate chorlishe, traitorous blood, if they had not been preserved by her singulier and incredible clemency? Yet let us consider their precise and most holy form of judgement. The Queen was disorderly and rebelliouselie apprehended, she was cast in prison, not on's heard to answer for herself most instantly and pitifully craving audience. She was forced and constrained by most vehement and just fear to geave over her crown, and dimisse the regiment to the Earl murray. One great argument of the said constraint and compulsion among other is, that she never read such writes, as were offered to her, A good argument that the Queen by copulsion dismissed the crown. to be by her subscribed, nor entered into any covenant or talk for the maintenance of her living or safeguard of her life, which thing she would never by any indifferent man's judgement have done, if she had freely and voluntarily yielded up her regal dignity. Neither can the pretenced parliament be prejudicial to her, standing upon no better or sure ground, then upon such as we have rehearsed: And upon such worshipful letters missive, as are by them, I can not tell more falsely, or more fondelie, conterfeited. Suerlie such traitors, as durst lay violente hands upon their Queen, and intrude themselves into the regal government, will make but small courtesy, in the faininge and forging a letter, thereby to work their purposed mischief. I would then farther demand of them, What authority they had to summon & assemble a parliament? And whether this fact of hers, supposing she were therein gwiltie, deservethe in her being a Prince, & considering how heinowselie the lord Darlie had offended her and the crown of scotland, such extreme punishment to be levied upon her for one simple murder, especially by them that committed that shameful murder upon her secretary, that hath committed so many treasons, and daily do commit so many horrible murders, upon the queens true loving subjects. How many, and how cruel and terrible deaths, such traitors deserve? We have moreover to demand of them, whereas they pretend a marvelous and a singular zeal to religion and holy scripture, and to measure all their doings precisely by scripture and order thereof, what sufficient warrant they have therein, by their private authority, to set violente hands upon their anointed Prince? I find there that king David was both an adoulterer, and also a murderer, I find that God was highly displeased with him therefore. Yet find I not that he was therefore by his subjects deposed. And here might I take occasion out of the sacred scriptures to declaim and discourse against your disordered doings, but that it is neadelesse, and our matters otherwise grow long. But yet consider ye with yourselves, you the Earls Morraye and Morton with your consociates, that even adjoining the Queen were culpable and in some fault, as she is not in this matter: Whether it had not been much better and more available to your common wealth, and to the state thereof, prudently to have dissembled the matter, (as your forefathers have heretofore done in a greater cause than this, namely in duke Roberte The Duke Roberte of scotland. the governor, king Robert's Brother) then to have permitted your common wealth to have comen in to so miserable and wretched a state, at it is now fallen in, and daily is likely to be in worse case and worse. I suppose it will be found, that it had been a much better policy to have reserved the punishment thereof to Gods own rod and justice, in this or in any other world: then to have taken from him, that he hath reserved to his own only judgement, and to have given to the subjects of other Princes such a wicked presidente: that if these other subjects tread fast upon your steps, there Will shortly few kings and Princes in christenedome, have any sure and fast hold of their sceptre and royal dignity. We conclude then against you, speak and do the worst by her that ye can invent, that your ꝓceding be not agreeable or correspondente to law, order and justice. And therefore to be revoked, repealed, and annulled. We say, that the common rule of the law ought hear to take place. Spoliatus ante omnia restituendus est, unless that where all laws aswell Gods as man's law do favour and prefer Princes causes, with singular privileges and prerogatives, ye have now espied out a new law, Whereby princes shall have and enjoy less benefits and praeminences in their own defence, than other private persons. We say that for these and many other good and necessary considerations, all is void that ye have busied yourselves about. We say that all your doings ought to be removed reversed and clearly annulled, and the Queen wrongfully by you displaced, to be restored to her seat and former dignity and honour. Then let the whole matter be, if there be just cause before competent and meet judges to sit upon a Prince, justly and orderly heard and determined. For as for you, especially the Earl murray and Mor●ton, ye are to be charged and challenged, beside all other just exceptions, even as the principal inventors maintenours and workers of this shameful and cruel murder, for the which ye have made all this hurly-bury. And as I may say, stirred heaven and earth against your own very natural Prince. Neither may the lord Lindzaye be heard or suffered to intermeddle against her, if law take place, for divers his demerits: Among which he standeth charged aswell for that he was one of the chief instruments in the slaughter of the queens Secretary David: As also in the apprehending and imprisoning of her grace. But I much muse and marvel how the bishop of Orkney, for shame could so presumptiouslie and heinously inveigh and declaim before the Queen of England and her commissioners, against his mistress pretenced marriage, with the Earl Bothwell, saying that he himself did celebrate the solemnity thereof. Who also was your only bishop, that was present at the coronation of your new erected king. A man most apt and ready to serve all world's and turns. Again you the Earl Morton, besides the murder of the queens Secretary and of the lord Darley her husband, there are many just exceptions and challenges to be laid and taken asweell of other misdoings, as of manifold and apparent treasons, which ye seam to have sucked with your mother's milk, Ye have been a traitor so often times to your Prince and Sovereign. Exceptions most just against the queens accusers but especially against the Earl murray. But the Earl murray it is, whom above all other, We have to charge and burden. His base nativity, his base conditions, the notable saying of the foresaid Cassius, cui bono? The trade of all his former life, will much stain and press him, if we do well weyghe and mark the weighty presumptions, that be evident and plain against him. I will make my begining with the great and unnatural unkindness and ingratitude, by him showed to his dear sister, and his loving and most bountiful mistress and Sovereign. At what time she minded, after the death of her first husband the French king to repair into her own realm of Scotland, The great benefits employed by the Queen upon the said Earl. she sent forthwith for him into France, and used his advise and counsel in all her affairs, even as she did also after her return into scotland, So far, that she had, but as it were the name and calling, he bearing the very sway of the regiment, by her entitled to, and honoured and adorned with the earldom of murray, and at length by one means or other furnished with so great and ample possessions, that beside other commodities and advantages, the yearly rent thereof passeth and surmonthe the some of twenty & six thousand pounds after the rate of their monoye. Behold now the thankfulness of his good and grateful nature. He laboured & endeavoured all that he possible could to with hold the queens mind, and stay her from all manner of marriage, and to entail the crown of the realm unto himself, He went about to entail the crown of the realm to himself and the Stewards. though wghe he were illegitimate and uncapable thereof, and to the name and blood of the Stewards. But when he saw and throwghlie perceived, and well knew, that the Queen was fully minded and earnestly bend, and had now determined to join herself in marriage with the lord Darley, he practised means, by his assistance and procurements, to have slain him & his father, and to have imprisoned her at lochleven: And to have usurped the government himself, as he now doth. But now when he saw this his intent and purpose disclosed and prevented, and that the solennization of the marriage was already passed, His rebellion against the Quen. he showed himself with his adherents in open field and in arms, against the Queen his Mistress. Where upon he was driven to fly into England. At which his there abode, he instantly solicited and besowght the Queen of England, for aid against his Sovereign, Which she worthily denied him. Then began he to practise with the Earl Morton by his letters and messengers, about the detestable slaughter of David the queens Secretary. Who by their mischevouse sleights and crafty persuasions, induced the lord Darley, promising him to remove the Queen from the meddling with all politic affairs and actually to put him in possession of the crown, and of the rule and government of the Whole realm: to join with them in this traitorous conspiracy, His conspiracy with them that slew the Secretary David. against the Queen, his most dear and loving wife, and most dread Sovereign. Where upon the murder was in most horrible & traitorous wise committed in the queens own chamber of presence upon him, violently plucked from the Queen: she also being cruelly minaced and sore threatened having also a charged pistilett set to her belly, A charged pistylett set to the Quens belly. she being then great which child, and then removed from her pryvie chamber in to an other, where she was kept as prisoner. The young unexpert and rash L. Darley, woe being blinded which outrageous ambition, could not foresee the deavely she drift, of these crafty merchants: began now, but almost to late to espy it, and saying himself as nigh to danger, as was his wife the Queen, repaired to her, most humbly asking her pardon of his heinous attempt. And pytyfullie crienge out to her, to provide and find owte some present way to preserve themselves both. Who by the queens politic industry, Was privelie whithe herself conveyed away out of the rebels danger. The Quem. by her industry conveyed herself away with the lord Darley. And by him this wicked drift, and the drivers and contrivers thereof were discovered to the Queen. But lo, the next day after this slaughter, the Earl murray, entered in to scotland, and repaired to the Queen with as fair a countenance, as though he had been clear, aswell for that fact, as for all other treasons. Whereof the gentle and merciful Queen pardoned him, admitting him again in to her grace's love and favour. Whereat the Lord Darley much misliking and vehemently repining, feared lest that he would be, as he Was in dead, When he savye his time, revenged upon him, The cause why the Earl murray heyted the lord Darley. because he was of him detected to the Queen, for being one and the chief of the counsellors, aiders and assisters, in the conspiracy, about the murder of the Secretary, now committed. these and the like imaginations so deapelie sank in to, and pierced the young man's heart, that finally he resolved which himself, by one means or other, to rydd the Earl murray out of the way. Where about he went so far forth, that he communicated his purpose to the Queen who did most hyghelie mislike, there with, and most vehemently deterred him from the said his intence. Yet did he break the matter farther, as to certain other noble men, by whom at the last, It was reveled to the Earl murray. Wherefore the Earl did continually after, bear him, a deadly enmity and hatred. Where upon at length all other attempts falling him, this execrable murder was by him the said Earl murray, and by the Earl Morton first devised, and afterward in such strange and heinous sort, as the world knoweth and detesteth, most horribly practised and put in execution. What, peradventure some man will say, of all the men in the world, the Earl murray is farthest of, from all manner of spot and sinister suspicion touching this matter: for he was not at the court when this murder was committed: And when the queens grace was apprehended, he was out of scotland. And who did drive out of scotland the Earl Bothwell, but the Earl murray? Who is he that hath taken so much pains and travail to bowlt and find out and execute such as were culpable therein, but the Earl murray? In dead for his bodily presence, at the dead doing, I will nothing affirm, he must yield the price thereof to his hasty companion the Earl Bothwell. He must be contended for his share, with the pre-eminence and prerogative of his special deadly feed toward the lord Darley, and preposterous pregnante policy and wit, so closely, and so smothelie to convey and compass it: And bear out with so great countenance so heinous a fact, and to reward himself for his pains taken therein, with the extrusion of his mistress and Queen, and intrusion of him self, though absent, to the regiment and government of the whole realm. This, this I say may sufficiently serve him, for the advancement of his commendation and praise, and for the signification of his fine politic head and invention: I mean, for that before his departure out of Scotland into France with his machivells' practises, he had so conningelie contrived the wole matter with his faction, that they should procure not only the Earl Bothwell to be acquitted of the murder, but for his good service to be rewarded, with the queens espowsalls, entending by this mischievous policy, the utter undoinge and overthrow, aswell of him the Earl Bothwell, as of the Queen herself also. There never lacked good will in them, as it well appeareth, by their ungracious doings, to have long before overthrown their said mistress, but there ever lacked apparent matter, to blind men's eyes withal, and to make her odious with the people. Now these wily men well knew, that if they might once compass and bring this marriage thus to pass with the Earl, Whom they intended, then as fast to blaze abroad for the murder by them committed, as they did suppress the same before, from their good lady and Queen: until they had brough her to the bait, The cause why the enemies did impute the slaughter to the Queen. it would seam very probable, not only in the eyes and judgement of the rude and common people, but also of many sage, grave, wise and learned men that she was privy of her husband's death. Whereby they might pretend one execrable act against her that all men would detest and abhor, to colour & cloak their rebellious treacheries. Lucifer himself could not have fetched a finer, and a more mischevouse and deavelishe fetch, than herein these men have done. As for the Earl murray his absence, it doth nothing relieve or excuse him, Yea it is singulerlie to be noted and marked, that his very journeys, lack not their fine fetches to serve his turn. The workings of the Earl murray in the time of his absence. through his first journey into France he wan and purchased the high love and favour of his benign Mistress. He retornethe out of England at the very point serving two turns at on's, by the one thereof to cirumvent his good innocence lady, thinking to make her believe, by reason of his absence, that he was far from the society of that conspiracy: by tother to assist the better with his presence the confederates, and suddenly to join with them as he did. I grant that he was absent bodily, at the fact doing, but yet nothing was done, the which was not by his counsel or agreement concluded. The which his devise was so horrible, that it caused the murder of his Sovereigns Secretary, her imprisonment by her own husband, that the Queen being great with child, was put in such a fear, as might have tended to the present danger of her lief, and of her child. Yea the vere scope of this deavelishe drift was, even to have overthrown him also whom they made their unhappy and unlucky instrument to overthrow and depose his own loving wife, and most dread Sovereign. These mistress full stuffed with such mischievous purposes, lo, wrought this Earl, in the time of his absence. Now it is to be considered, that about sixteen hours before the lord Darley was slain, the better to colour the matter, he departed from the court. about two months after ●e took his journey into France, leaving the Earl Bothwell, as his most entire and trusty friend, recommending all his causes and affairs to him before all other. At his second return from France, he intrudethe himself into the Sceptre royal under the name and shadow of the young Prince. The which thing was so imagined, invented, and devised long ere that he departed, and in his absence, by his trusty friends remaining in Scotland, accordingly accomplished and executed. The Queen was afterward apprehended and cast into prison at Lochleven. Where his mother & brother dwellethe. Unto the which Fortress she should have been sent, as we have said, at the first conspiracy of the said Earl murray, if their malicious mind and intent, had not been disappointed by the providence of god. Now what search, when and after what sort it was made for the said Earl Bothwell, we have already declared. If ye allege farther and say, that no man can deny, but that the said Earl murray made also long, diligent, & narrow search for the murderers, and did severely punish them. To this we reply and say, that he needed not to travail much or far for the finding out of this matter. For he mowght at all times have found the heads of the conspirators upon the Earl Mortons' & his own shoulders, Th' Earls murray & morton the heads of the conspiracy against the lord Darley. we say farther, that as it is a strange, and a new kind of devotion in the Earl murray so to quarrel for lack of solemnity, at the burial of him, for whose said burial, he longed and looked for so long: So we say likewise, that it seameth Wonderful to love him so tenderly being deceased and dead, Whom he so deaplie hated living. And to seek so seriously and severely to punish the murderers of him, whom he would so oft have murdered himself. This gear seameth to us poor simple and slender witted men unlikely, incredible, and half repugnant to nature: And what soever the cause be, we be of that mind, that it is not like, to precede of any fervent zeal or great affection he beareth to the party, or to the execution of justice. Ye are, good Reader, desirous peradventure to learn, what other cause there might be, of so strange dealing? Well as strange as it is, we lack not examples of the like crafty and subtle policy, aswell in holy scripture, & in the monuments of antiquity of other countries, as of England, & especially Scotland it self, We find then in holy scripture, that there was one Onias at Jerusalem the high priest, a man of singular virtue and perfection, and one that maruelousely tendered God his honour and the honour and wealth of his country, There was also at the same time one Simon a very eavell disposed and wicked creature, which went about certain naughty and wicked devices. Lib. 2 Machab. ca 3. & 4. But seeing that he could not achieve his mischievous purpose, by reason this blessed man Onias stayed, stopped and puented him, he practiseth this wicked devise, he causeth king Seleucus to be informed of the great and inestimable treasure remaninge and reposed in the temple at Jerusalem, where upon the king sent Heliodorus to fetch away by force the said treasure. But afterward when this purpose chanced to be frustrated and void, by reason that this Heliodorus being wonderfully plagued of God was constrained to forbear and relinquish this enterprise, and the people being wonderfully offended, and in a great rage, to see such a heinous sacrilege attempted, What doth now think ye this good and honest man Simon? Surely he playeth the same part that th'earl Murrie hath played with his most gracious Queen, openly charging the good innocent Onias with his own shameful act, and saying that he solicited, and incensed the king to rob and spoil the Temple. We find in the chronicles of our realm, Polycronicon. Fabian. The chronicles in Engliss, prented anno 1498. that albeit Vortiger aspiring to the crown of the realm, actually and really obtained the same, by the murdering of king Constance, which was not done without his crafty incensinge and previe consent, yet he pretended outwardly great sourowe, weapinge and lamenting the murder of him, the which he never theles locked for, And was the occasion of the same. Hector. Boet. l. 11. As for scotland I report me to the tragical history of king Duffus slain by a noble man named Dunwaldus, who was in great estimation and authority with the said king, The Earl of Murra. assembled to Dunwaldus that ꝓcured the slaughter of king Duffus in scotland. when the king was a bed, in the Casole, whereof this Dunwaldus had the keapinge he banketed his chamberlains, and so sore oppressed them, with immoderate surfetinge and drinking, that when they were on's gotten about high midnight to sleep in their beds, ye might have rung a greate-bell over their heads, long ere they would wake. Who being in their dead and deep sleep, the king was murdered & slain, by such as this noble man had suborned. His dead body was carried away & buried in a River. The labourers that buried him were also slain, that they might tell no tales. In the morning the king was missing, his bed was found ●mbrewed with blood, his drowsy drunken chamberlains that least knew of the matter, were had in greatest suspicion, and With out farther delay by the said Dunwaldus like a man zealous to punish malefactrns, were slain and put to death. No man being farther a great while from suspicion than he: until first his own over busy searching for the murderers, and afterward other things bread upon him such suspicion, that he was thereupon apprehended, and being found gwiltie worthily executed. Idem lib. 16. The like prank Played Duke Robert, brother to the king of Scotland, and governor of the realm, of whom we spoke before. The like ꝓte played by Duke Robert in scotland. He procured the Prince his nephew to be made away and murdered: And yet pretending himself, as holy as the E. murray doth, to be zealous in the punishing of such an heinous fact, caused certain innocent persons to be executed therefore. We say then, that the Earl Murrayes doings precede not from any great care he hath to the maintenance of law and justice, who is most culpable himself: But only colorablie to cloak and hide his own mischievous treacheries, and to turn the blame of the fault from himself upon his good lady and Queen, from whose person it is farthest, Whereof they themselves gave in manner plain testimony and witness. For thowghe they had openly in their pretenced and disordered parliament detected her thereof, yet before the Queen of England's commissioners, they alleged other matters, as her voluntary resignation of her crown. etc. The which allegations, when they well saw, The Earl murray and his fellows being driven from all shifts at length laid to their Queen the death of the lor. Darley before the Queen and counsel of England. would not serve their turn, and that men did understand, how and after what sort they had ꝓceaded against her in Scotland, they were, as it were driven and forced, being excluded from all other apparent shifts, after seven or eighe weeks advisement, after their first invective, to object the said fact. Whereof the good innocent Queen hearing, and astonished at their strange and contumelious canuasings, and impudency in their doings, and being scythe her apprehension credibly informed and by apparency of matter and proof thereof, lead and induced to believe and give credit, that this wicked enterprise was chiefly invented and compassed by the Er. murray and morton, made earnest suit by her commissioners to her God sister, our noble Queen to arrest them, that they should not shrink away and depart until they had answered that matter for themselves, which she fully intended most effectually to prosecute against them and others. And so did accuse them in deed by her commissioners. And desidered farther, that she might come in her own person before her, and her nobility, and the ambassadors of other countries there resident, and go forward with, and prosecute her said accusation against them. Whereof they hearing, they fretted, they fumed, they stamped, they stared, and for a smayl while made much hot stir. But when that they had well considered and digested the matter, looking in their own breasts, they became upon the sudden so could, that they thought every day an hundred, until they were packing home, and never ceased, alleging many vain and frivolous excuses to urge their dismission most importunately, until they had at the last obtained their suit. O that Cassius, Were now living, that he might lay to the Earl murray his charge, his accustomed worthy saying Cui bono? He would tell him that as the Queen by this fact, had no manner of hoped commodity, and is of over good and virtuous a disposition and nature, in any respect of worldelie commodity, so to dishonour herself and state: And even as the Earl of murray, his birth and natural inclination were most apt and meet to work such neughetie practices: The causes why the Earl murray went about, as well to make away the l. Darley, as to depose the Queen. So were there many occasions also for his part, such as he had best liking and contentation of, to the putting the same in practice. Among other things it pinchethe him and all his faction, and greavethe them to the very heart, to remember the revocation the Queen had made the April before, of all such things, as do appertain to the crown, that had by herself or others in her minority, been alienated: Which said revocation by an old law and order in scotland, the Princes there may make before th'accomplisment of twenty and five years of age. Now had the Earl murray and his faction, by one means or other gotten in to their hands and possession, two parts of the yearly revenues of the whole crown. See, see, I pray the good reader, if this were not the very undowbted cause that made him and them so pitiful, and so tender hearted toward the lor. Darley being dead, Whose death they had so long thrusted for, and whose life they had by so many snares, and mischievous ways assaulted, and laid wait for. Yea there was a farther Cui bono? then this, they thowght to drive by their jolly politic practices, all the displeasure and hatred of the fact upon the Queen: And so for this pretenced mischievous fact to drive her from the possession of her crown, and to intrude themselves, by some pretty colourable conveyances, into the sole intermeddling of all the public affairs, and to the government of the realm under the title of the good infant the queens son, and to assure their possessions to themselves, at least the space of twenty and five years more. But I pray God there be not a farther and a worse fetch, than all this cometh to. Well then all these their foretold purposes, hath the devil brough to pass for them even according to their hearts desire. saving that he oweth them a shame, and will pay it them when they count themselves most cock sure. And beginneth (as it seemeth already full properly to pay them home every one day more than other. For as close, and as secret, as they hid and kept their doings from the world, especially from their good Queen, until they had quitted the Earl Bothwell, and coupled him most dishonourably with that upright and well meaning lady in pretenced marriage, they could never bring their matters to pass: And for all their vain bragging and owtfacinge (as it were) their innocent Sovereign: their whole wicked drift is detected, burst out, and come to the certain knowledge of no small number of men. Is it unknown think ye the Earl murray, what the lord Herris said to your face openly, even at your own table a few days after the murder was committed? Did he not charge you with the foreknowledge of the same matter? Did not he Nulla circuitione usus flatly and plainly burden you, that ye riding in fife and coming with one of your most assuerid trusty servants the said day wherein you departed from Edenborrowghe, The Earl murray declared the day before, that the l. Darley sh●de be slain. said to him among other talk, this night ere morning the lord Darley shall lose his life? Is it not full well known think ye, that ye and the Earls Bothwell, morton, and others assembled at the castle of Cragmillar and at other places at divers times, to consult and devise upon this mischief? divers assembles of the Earl murray & his adherents to consult upon the slaughter of the l. Darley. If need were we could rehearse and recount to you the whole some and true effect of the oration made by the most eloquent among you, to stir up exhort and inflame your faction then present, to determine and resolve themselves, to dispatch and make a hand with the lord Darley. We can tell you, that there were interchangeable Indentures made and subscribed by you, that he which had the first opportunity offered to make him away, Indentures made & subscribed for the execution of the said purpose. should furthwithe take it in hand and dispatch him. We can tell you, and so can five thousand & more of their own hearing, that Iohn Hepborne the Earl Bothwel his servant, being executed for his and your traitorous fact, did openly say and testify as he should answer to the contrary before God, divers executed in Scotland for the said murder whereof none could charge 〈◊〉 Queen. that you were principal authors, counsellors and assisters, with his master of this execrable murder, and that his Maistre so told him: And furthermore that he himself had seen the Indentures we spoke of. We can tell you, that Iohn Hay of Galawaye, that Powrie, that dowglishe, and last of all that Paris all being put to death for this crime, took God to record at the time of their death, that this murder was by your counsel, invention, and drift committed. Who also declared, that they never knew the Queen to be participant, or ware thereof. Well, we can farther tell you of the great goodness of God, and of the mighty force of the truth. Whereby thowghe ye have wonderfully turmoiled and tossed, thowghe ye have racked and put to death as well innocents as gwiltie, and your own confederates offered many of them their pardons, so they would depose any thing against the Queen: God hath so wrowght, that as for no torments nor fair promises they could be brough, falsely to diffame their Maistrisse: So without any torments at all they have voluntarily purged her, and so laid the burden upon your necks and shoulders, that ye shall never be able to shake it of, We can tell you, that her dear Sister, & our gracious Queen, and the worthy nobility of England, do Well know these your detestable practises, neither will suffer themselves to be spotted with the favoringe and assisting of your abominable doings. We can tell you that this good lady is unjustly accused, and wrongfully oppressed, as good Susanna was. We can tell you, that ye altogether resemble the two old wicked governors that wrongfully accused her, as an advowtresse being the advouterers themselves, and brough her into danger of present death by their false testimony (as ye have done with your well intending Queen) for that she would not consent and yield to the old lusty lecherous Rebels. We can tell you, that if you do not the sooner repent, ye see by example of them, What your reward shallbe, And that in the mean while God hath as wonderfully delivered out of your hands this our innocent Susanna, as ever he did the other from them. For though she were kept strait, in a strong fortress and castle with watch and ward in such sort, that none of her well willers and Friends, no not so much as the French kings or our mistress her most dear sisters ambassadors, might be suffered to come at, The Queen in a manuer miraculously delivered out of lochleven ●rison. or to speak with her. Thowgh she were daile gwarded with great number, though the gates were every eaveninge surly and customably locked, and the keys thereof were continually night by night delivered to the lord of the said castle. Thowghe the boats were continually fastened and locked up. Yet god so wrowght, that the keys of the said castle were in the said lords very presence taken away, by a poor orphan simple boy, being not yet eighteen years old, bred always & brought up in the same house. Which feat by him Wrowght, and a token or signification geaven thereof to the Queen, she departed out of her prison house, into the court thereof at seven of the clock at night, upon the second day of may: And so passing, went to the said gates, unlocked and opened by the said orphan boy, Who taking boat also rowed her, & her waiting maid with all, with much a do over the water, who having now passed the water was on the other side received by certain gentlemen, and by them conveyed & conducted to Hamilton: where she before her nobility revoked, annichilated & made void all that she did in prison before, with solemn ꝓtestation upon her oath, that she was violently forced thereto, and put in just fear of the loss of her life. After this it pleased god to put her in mind, to tack her journey into England, aswell for the special and singular trust she hath in her dear Sister, & her comfortable promises to her before her coming by messengers, letres & tokens, sent from her, both comfoting and promising her (opportunity serving) all convenient succour and help, as that we englishmen (which must needs honour and reverence her, Who is of the next Royal blood and true heir apparent of the crown of this realm of England) should throwghelie know, and fully understand, to our great comfort, her pureness, integrity, and innocency in the matter, under pretence whereof, her traitors and rebellious subjects, thereby to accomplish their seditious and ambitious minds and purposes, have molested, vexed and disquieted her in manner a foresaid. And now at the last keepeth her, not only from her crown and realm, but from all whatsoever either her private or other goods, as unwilling that she should either keep the state and port of a Prince, or any other meaner estate whatsoever. Neither hath it altogether fallen out contrary to her expectation and desire. For the nobles of England, that were appointed by the Queen to hear and examine all such matters, as the rebels should lay against the Queen, have not only found the said Queen innocent, and gwiltlesse of the death of her husband, but do withal fully understand, that her accusers, Were the very contrivers, devisers, practitioners and workers of the said murder: and have farther also so much increased, and in such Wise renewed the good estimation, and great hope they always had of her, now ꝑfectlie knowing her innocency, and thereto moved through other princely qualities resplendente in her, with many Whereof she is much adorned, The commissioners appointed in England to hear the Queen of Scots matters, well liked of her said innocency, and of her title to the succession of the crown. and singularly endued, that they have in most earnest wise solicited and entreated the Queen of England, to give her aid and strength, whereby she may be restored again to her honour and crown. They have moved the said Queen of scotland also, that it may please her to accept and like of the most noblest man of all England, between whom and her there might be a marriage concluded, to the quieting and comfort of both the realms of England and Scotland. Finally the noble men of this our realm, acknowledge and accept her, for the very true and rigthe heir apparent of this realm of England, being fully minded and always ready, if God call to his mercy the Queen that now is, then to receive and serve her as their undowbted Queen, Mistress and Sovereign, Whereby it may easily appear, how Well they like of her cause, that had the hearing and trial of the same, allthowghe she never as yet came in their presence. These things now and many other which for the eschewing of prolixity, we forbear to enlarge our treatise with, may be alleged for the defence of the queens integrity, and for the uprightness of her cause, the which I would wish you the Earls murray and Morton, with your allied confederates, before all other most deapelie and by times to weigh and consider accordingelie, as the weight and greatness of the cause, An exhortation of the Earls Murrayen & morton & others to reconcile themselves to the Queen. as your own safety, with the wealth & honour of your native country do require. I am not ignorant, that the matter is gone very far with you, & that many impediments do concur, to with draw you, to seek that remedy for the reformation of things passed, which is the best and th' only remedy: But surly when ye have fully weighed all things on every side accordingelie, ye shall find no sure and sound remedy, but in making a true, a sincere and an unfeigned humble submission to your, gracious Queen, whom ye have so greavouselie offended and molested. Let not the greatness or number of your treasons wrowght against both your Queen and country: Let not any vain false imagined opinion either of the world, or of your utter overthrow, by reason of any such fond presumption of your present high estate, of your great power force and strength, Let no vain expectation of external succours stay or stop you from so necessary a duty, and so commendable before God and the world. Ye best know that among all the princely ornaments and virtues in your Queen, her mercy and clemency are singular and peerless. The Queen of Scots full of mercy. She seameth well to have learned that lesson of the gospel. If thy brother do offend the forgeve him not only, seven times, but seventy times seven times. She will not only forgeve, but forget also. She neither is ignorant in what state her realm standeth in, nor that extreme severity, from the which she naturally abhorreth, is not of all other times now against such, as will embrace mercy offered them to be showed and practised. She will rather like the law of 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 oblivion and forgetfulness, so much of the old Writers commended. The great benefit whereof ye have so often, and so abondantlie received at her hands. And therefore ye need the less to fear the discontinuance of your high and honourable estate and condition. As for shame it standeth in the evil doing it self, and not in the amending and reforming of ill deeds, which amendment and reformation, if ye earnestly and truely mind, it will be to the great contentation of your most gracious Queen, and of all her loving subjects. And in so doing you shall both highly advance your honourable estate and estimation, and make her a good amends for that, which is paste, and can not be revoked. But on the other side, if ye give over and refuse this occasion now present, and go forward with your rebellious enterprises and attempts, minding to abide and try the uttermost, ye most wilfully cut away and exclude from yourself all good hope of mercy and pardon, and take a wrong way for your own safety and preservation. For your cause is nawght, and so ye well know it to be. And therefore can ye not look to have and obtain a good prosperous success and end thereof. Well ye may, as hitherto ye have done, toss, turmoil and tumble all things upside downwards for a while: But be ye assured that god's hand Will fall and light the heavier, and With a greater poise upon you at the length therefore. It is easy to be seen by the course of all times, The end of rebels ever unhappy. as well by your own very histories at home, as by the chronicles of all other nations abroad, to what end commonly such seditious conspiracies and treasons do come to: that is to the utter overthrow and confusion for ever of these persons that work, attempt, practice, or maintain the same. They seam for a while to bear great sway, and all the world for a while to run with them. But in the end they fail and are clean given over. What marvel were it if a house should not long continue, that is builded but upon a yeldinde sandy ground? Ye have builded and founded all your doings upon untrue and lienge slanders and treacherous treasons, against your dread Sovereign. The sincere verity werof we have herein truely doclared. The which being on's throwghlie detected, and evidently known to such, as ye have in scotland craftily abused and shamefully circumvented (as surly it daily burstethe out more and more) ye shall see yourself suddenly left naked, and quite forsaken, even of those, who have been your greatest assisters, aiders, and furtherers. For as the old proverb is, truth is the daughter of time. And as ye shallbe left alone at home, so can ye not look for maintenance and upbearinge of foreign Princes. They will not defile themselves, and their honourable vocation, with helping so foul a cause, and so dangerous and perilous a matter, that may tend to the molestation and hurt, not only of their own state, but of the states of all kings christened. Other Princes will not suffer the Queen of Scots to be injuried by her subjects. Nay ye must rather think, that other Princes will judge and take it to touch them to nigh, to suffer such a villainy to pass and escape unrevenged, and so good a lady to be left destitute and desolate. The emperor will not bear it: France will not bear it, Spain will not bear it: And especially our noble Queen of England with her worthy nobility will not bear or suffer such outrageous dealings, against her next loving neighbour, and dear sister, yea against the heir apparenre of this most noble realm. Albe it that ye with your surmised lies, the better to maintain your usurped and new erected kingdom, make her to be in fear of her own state in case she should restore the said innocent Queen to her crown again. The end of the first book. ❧ THE second BOOK touching the right title and interest of the foresaid Lady Marry Queen of scotland, to the Succession of the crown of England. THE great providence (good Reader) of the eternal God, who of nothing created all things, did not only create the same by his ineffable power, but by the same power gave a special gift and grace also to every living thing, to continue, to renew, and to preserve each his own kind: But in this consideration the condition of man among and above all earthly things hath his peerless prerogative of wit and reason, Man only hath the prerogative of wit & reason among all earthily creatures. where with he only is of God graciously endued and adorned: By the which he doth ꝓvide not only for his present necessity and safeguard (as do also naturally after their sort all beasts & all other living things void of reason) but also by pregnancy of wit, and reasonable discourse, doth long afore foresee the dangerous perils that many years after may hap, either to himself, or to his country: And then by diligence and careful provision doth invent apt and meet remedies, for the eschewinge of such mischeives, as might owtragiously afterward occur. And the greater the fear is of greater mischief, the greater, the deaper and the speedier care is wont to be taken, Men are most bound to the pnseruation of their country. to praevente and cut of the same. It is also most certain by the confession of all the world, that this care is principally dew, by each man that hath opportunity to do good therein to his Prince, his country and to the common weal and good quiet of the country, for the continuance and happy preservation of the same. To the preservation whereof, as there are many parts and branches belonging, so one principal part is for subjects lovingly and reverentlie, to honour, A great commodity to the common wealth to know the heir apparent. dread, and obediently to serve their Sovereign, that chanceth presently to rule and govern. The next to foreknowe, to whom they should bear their allegiance, after the decease of theirefore said Prince and governor. Which being on's certain and assuredly known, as it procureth when the time requireth ready and serviceable obedience, with the great comfort and universal rest and quietness of the subjects: So where, for the said successor there us among them discord and diversity of judgements: the matter growethe to faction, and from faction to plain hostility, and from hostility to the danger of many men's lives: And many times to the utter eversion of the whole state. For the better avoiding of such and the like inconueniances (albe it at the begininge princes reigned not by discente of blood and succession, but by choice and election of the worthiest) the world was for the most part constrained to repudiate election, and so often times for the better and the worthier to take a certain issue and offspring of some one only person thowghe otherwise perchance not so mete. Why all the world almost embrace succession of Princes, rather than election. Which defect is so supplied partly by the great benefit of the universal rest and quietness that the people enjoy thereby, and partly by the grave and sage counsellors assisting to princes: that the whole world in a manner these many thousand years hath embraced succession by blood, rather than election. And politic Prinees which have had no children of their own to succeed them, have had ever a special care and foresight thereof for avoiding of civil dissension. So that the people might always chiefly, Where there appeared any likelihodd of variety of opinions or factions to ensue about the true and lawful succession in government, forknove the true and certain heir apparent. This care and foresight doth manifestly appear to have been not only in many Princes of foreign contreies', but also of this realm, aswell before the time of the conquest, as also after, namely in king Edward the confessor, in declaring and appointing Eadgare Athelinge his nephews son his heir, Floreshist. an. 1057. as also in king richarde the first who before he enterprised his journey to Jerusalem (where for his chivalry he achieved high honour) declared by consent of his nobility and commons, Richardus canonicus sanctae trin. land. stores histo. anno 1190. Polid. lib. 14. Arthur son of his brother Duke of Britamne his next heir in succession of the crown. Of the which Arthur as also of the said Eadgare athelinge, we will speak more hereafter. This care also had king Richard the second what time by authority of parliament, he declared the lord Edmonde Mortimer that married Philippe daughter and heir to his uncle leonel Duke of Clarence heir apparent. Polid. lib. 20. And to descend to later times, our late noble Sovereign king Henrye the eight showed his prudent and zealous care in this behalf before his last noble voyage into France: Whose daughter our most dread Sovereign Elizabeth doth and hath sit in the royal seat with such peace, quietness, and tranquillity among all her subjects hitherto, that we have great cause to tender to God almighty our most hearty thancks for the same: And to crave of him like continuance, whereof the singular fruit & benefit, as long as it shall please God to preserve her to us: Which we most humble suppliantes desire of him for many years, with some happy issewe from her grace (if it be his blessed will) we hope most fortunately to enjoy. But if God should (as we be all aswell Princes as others subject to mortal chances) once bereave us of our gracious Prince, the hearts and judgements of men being no better, nor more firmly settled and fixed towards the expectation of a certain succession, than they seam now to be: then woe and alas: It yrkethe my very heart, even on's to think upon the imminente and almost the inevitable danger of this our noble realm, being like to be overwhelmed with the raging and roaring waves of mutual discord, and to be consumed with the terrible fire of civil dissension. The fear whereof is the more, by reason already in these late years, some flames thereof have sparkled and flushed abroad, and some part of the rage of the said floods have already beaten upon the banks. I mean the hot contention that hath been therein in so many places, and among so many persons: of books also, that have been spread abroad, and daily are spread, being framed affectionately, and sowndinge according to the sinister opinion of every man's private appetite. seeing therefore that there is just cause of fear and of great danger likely to happen by this variety of men's judgements so diversely affected, as well of mean men as of great ꝑsonnages: I take it the part of every true englisheman to labour and travail each man for his possibility, and for such talent as God hath given him to help in convenient time for the preventing of the imminent danger: We know what wit, what policy, what pains, what charges men employ to provide, that the Themmes or sea do not overflow such places as be most subject to danger: We know what politic provision is made in many good cities and towns, both to foresee that by negligence there rise no dangerous fires, and if they chance, with all diligence to repress the rage thereof. Wherein among other his prudent doings, Augustus the Emperor, is commended for appointing at Rome seven companies ordinarily to watch the City, for the purpose afore said: Whereunto he was induced by reason the city was in one day in seven several places set on fire. And shall not we every man for his part and vocation have as vigilant care and respect, to the extinguisshinge of this fire already sprung out, that may (if the matter be not wisely foreseen) destroy, subverte and consume, not one city only, but import an universal calamity and destruction? Which to repress one ready and good way seameth unto me, if men may know and be throwglie persuaded, in what person the right of the succession of the crown of this our realm doth stand and remain. For now many men through ignorance of the said right and title, and also the same being depraved by certain sinister persuasions in some books, where unto they have to lightly geaven credit, be carried away from the right opinion and good heart, that they otherwise Would and should have. The which kind of men I do heartily wish from their said corrupt judgement to be removed: And shall in this treatise do my best endeavour to remove, not praesuminge upon myself, that I am any thing better able than others this to do, (for I know my own infirmity) But being glad and willing to impart unto others such motives (as upon the reading of such books) as of late have been set forth by the adversaries, and after the diligent weienge of divers Arguments to the contrary, seam unto me sufficient to satisfy any honest and indifferent man, that is not obstinately bent to his own Wilful affections, or to some other sinister meaning and dealing. We say then and affirm that the right heir and Successor apparent unto the crown of this realm of England next after our Sovereign Lady Queen Elizabethe and her issue, is such a one as for the excellent gifts of God and nature in her most princely appearing, is worthy to inherit either this noble realm, or any other, be it of much more dignity and worthiness. But now I claim nothing for the worthiness of the person, which God forbid should be any thing prejudicial to the just title of others: if most open and manifest right, justice, and title do not concur with the worthiness of the person: Then let the praise and Worthiness remain where it is, And the right Where God and the law hath placed it. But seeing God, nature and the law doth call the person to this expectation, whose interest and claim I do now prosecute (I mean the right excellent Lady, The Queen of Scots is the right heir apparent to the crown of England. Lady Marie Queen of scotland) I hope that when her right and just title shall be throwghlie hard and considered by the indifferent Reader, if he be persuaded already for her right, he shall be more firmly settled in his true and good opinion, and that the other parties being of a contrary mind shall find good causes and growndes, to remove them from the same, and to geave over and yield to the truth. Her grace's title then (if God call our Sovereign out of this transitory life, having no issue of her majesties body) as it is most open and evidende, so it is most conformable, to the law of God, of nature, and of this realm: And consequently in a manner of all other realms in the world, as growing by the nearest proximity of the royal blood. She is a kings and a queens daughter, herself a Queen, daughter to the late king james of scotland son to lady Margarett the eldest sister to our late Sovereign king Henry the eight. Whose daughter also the lady Lenoux is, but by a later husband. The lady Frances late wife to Henry Marques dorsett afterward Duke of Suffoocke: And the lady Elenour late wife to the Earl of Cumberlande, and their progeny proceedeth from the lady Marie dowager of France youngest sister of the said king Henry, late wife to Charles Brandon Duke of Suffolk. I might here fetch forth old fern days. I might reach back to the noble and worthy kings long before the conquest, of whose royal blood she is descended, which is no part of our purpose, neither doth enforce her title more than to prove her no stranger within this realm. But the arguments and proofs which we mean to allege and bring forth for the confirmation of her right and title in succession, (as heir apparent) to the crown of England, are gathered and ground upon the laws of God and nature, and not only received in the civil policies of other nations, but also in the old laws and customs of our own country, by reason approved, and by use and long concontinewance of time observed, from the first constitution of this realm in political order unto this present day. And yet for all that, hath it been and yet is by some men attempted, artificially to object and cast many misty dark clouds before men's eyes, to keep from them (if it may be) the clear light of the said just title, the which they would extingwishe, or at the least blemish with some obscure shadow of law. But in deed against the law, and with the shadow of parliaments: But in deed against the true meaning of the pliamentes. And albe it, it were enough for us (our cause being so firmly and surly established upon all good reason and law) to stand at defence and only to avoid (as easily we may) their objections, Which principally and chiefly are ground upon the common laws and statutes of this realm: yet for the bettering and strengthening of the same, we shall lay forth sundry great and invincible reasons conjoined with good and sufficient authority of the law, so approved and confirmed that the adversaries shall never be able justly to impugn them. And so that we trust, after the reading of this our treatise, and the effects of the same well digested no manner of scruple ought to remain in any indiferent man's heart concerning her right and title. Whose expectation and conscience although we trust fully in this discourse to satisfy, and doubt nothing in the world of the rightfulness of our cause: Yet must we needs confess the manner and form to entreat thereof, to be full of difficulty and ꝑplexitie. For such causes of Princes, as they be seldom and rare, so is it more rare and strange to find them discoursed discussed and determined by any law or statute. Albe it now and then some statutes tend that way. Neither do our laws not the corpse of the Roman and civil law lightly meddle With the princely government, but with private men's causes. And yet this not withstanding for the better iustifiengè of our cause, albe it I deny not, but that by the common law it must be known who ought to have the crown: And that the common law must discern the right aswell of the crown as of subjects: Yet I say that there is a great difference between the kings right and the right of others. And that the title of the crown of this realm is not subject to the rules and principles of the common law of this realm as to be ruled and tried after such order and course as the inheritance of private persons is by the same. The common law of this realm is rather grounded upon a general custom than any law written. For the proof whereof let us consider What the common law of this rerealme is, and how the rules thereof be ground, and do take place. It is very manifest and plain, that the common law of this realm of England, is no law Written, but ground only upon a common and general custom throwghe out the whole realm as apparethe by the treatise of the ancient and famous writer upon the laws of the realm named RANULPHUS DE GLANVILLA. In ꝓlogo suo e●sdem libri fol. 1. & 2. Who wrote in the time of the noble king Henry the second, De dicto Ranulpbo Glanuilla vide Geraldun Cambrensem in Topogra. de wallia. of the law and custom of the realm of england: Being then and also in the time of the reign of king Richard the first, the chief counsailler and justice of the same king. And also by the famous justice Fortescue in his book which he wrote being Chancellor of England, Fortescue de laud legum Angliae. ca 17 De laudibus legum Angliae. And by 33, H. 6: 51. and by 8. E. 4. 19 Which custom by usage and continual practice heretofore had in the kings cowrtes within this realm is only known and maintained: 8. E. 4, 19, 33. H. 6, 51 pinsons print. Wherein we seam much agreeable to the old lacedæmonians, who many hundred years past, most politicly and famouselie governed their common wealth with law unwritten. justi. de iure natural. gent & civil 55. ex non script. Whereas among the Athenienses, the written laws bear all the sway. This thing being so true, that with any reason or good authority it can not be denied: then we are farther to consider whether the kings title to the crown can be examined, tried, and ordered by this common custom or no. If ye say it may, then must ye prove by some record that it hath been so used. Otherwise ye only say it & nothing at all prove it. For nothing can be sa●ed by law to be subject to any custom, unless the same hath been used accordingly, and by force of the same custom I am Well assured, that you are not able to prove the usage and practise thereof by any record in any of the kings cowrtes. Yea I will farther say unto you and also prove it, that there is no one rule general or special of the common law of this realm, The adversaries have showed no rule of the common law that bindethe the crown. Which ye either have showed or can show, that hath been taken by any just construction, to extend unto or bind the king or his crown. I Will not deny, but that to declare and set forth the prerogative and jurisdiction of the king ye may show many rules of the law: But to bind him (as I have said) ye can show none. Ye say in your book that it is a maxim in our law most manifest, that Who so ever is borne out of England, and of father and mother not being of the obedience of the king of England, can not be capable to inherit any thing in England. Which rule being general without any Words of exceptio▪ ye also say, must neds extend unto the crown. What you mean by your law, I know not. But if you mean (as I think you do) the common law of England: I answer there is no such maxim in the common law of this realm of England, as hereafter I shall manifestly prove. But if it were for arguments sake admitted for this time that it be a maxim, or general rule of the common law of England, yet to say that it is so general, as that no exception can be taken against the same rule, ye show yourself either ignorance, or elseverie careless of your credit: For it doth plainly appear by the statute of 25. E. 3. 25. E. 3. (being a declaration of that rule of the law which I suppose ye mean) terming it a maxim, that that rule extendethe not unto the kings children. Whereby it most evidently appeareth, that it extendeth not generally to all: And if it extend not to bind the kings children in respect of any inheritance descended unto them from any of their ancetours, it is an argument a forttori, that it doth not extend to bind the king or his crown. 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. litleton cap. vilenag. And for a full & short answer to your authorities set forth in your marginal notes as 5. E. 3. tit. Ail 13. E. 3. tit letter 31. E. 3. Coson 42. Edw. 3. fol. 2, 22. H. 6. fol. 42, 11. H. 4. fol. 23. & 24. litlet. ca vilenag. It may plainly appear unto all that will read and peruse thoses books, that there is none of them all that doth so much as with a piece of a word or by any colour or shadow seam to intend, that the title of the crown is bound by that your supposed general rule or maxim. For every one of the said cases argued and noted in the said book, are oneli concerning the disability of an alien borne and not denisen, to demand any lands by the laws of the realm by suit and action only, as a subject under the king, The adversaries case ꝑteinethe to subjects only. and nothing touching any disability to be laid to the king himself or to his subjects. Is there any controversy about the title of the crown by reason of any such disability touched in any of these books? No verily not one word I dare boldly say, as may most manifestly appear to them that will read and peruse those books. And yet ye are not ashamed to note them as sufficient authorities for the maintenance of your evil purpose and intent. But as ye would seam to under stand, that your rule of disability is a general maxim of the law, so me thinketh ye should not be ignorant, No maxim of the law bindethe the ●rowne, unless the crown specially be named. that it is also as general, yea a more general rule and maxim of the law, that no maxim or rule in the law can extend to bind the king or the crown, unless the same be specially mentioned therein, as may appear by divers principles and rules of the law, which be as general as is your said supposed maxim, and yet neither the king nor the crown is by any of them bownde. As for example, it is very plain that the rule of the tenant by the courtesy is general without any exception at all. And yet the same bindethe not the crown, Of the tenant by the courtesy. neither doth extend to give any benefit to him that shall mary the Queen of england. As it was plainly agreed by all the lawyers of this realm, when king Phillippe was married unto Queen Marie, although for the more surety and plain declaration of the intentes of king Philippe and Queen Marie, and of all the states of this realm, it was enacted, that king Philippe should not claim any title to be tenant by the courtesy. It is also a general rule, that if a man die seized of lands in fee simple with out issewe male, having divers dawghters: the land shall be equally devised among the daughters. Which rule the learned men in the laws of this realm agreed upon in the life of the late noble Prince Edward, Nor that the lands shallbe divided amongs the daughters and also every reasonable man knoweth by usage, taketh no place in succession of the crown, for there the eldest enjoyeth all, as thowghe she were issewe male. Likewise it is a general rule that the wife after the decease of her husband shallbe endued and have the third part of the best possession of her husband, Nor the Wife shall have the third part. and yet it is very clear that the Queen shall not have the third part of the lands beloginge to the crown as appeareth 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. print. tit praerogat. 21: E. 3: 9 & 28. H 6. and divers other books. Besides that the rule of * Nor the rule of possess. fratris etc. Possessio fratris, being gnrall, Neither hath been or can be stretched to the inheritance of the crown, for the brother of the half blood shall succeed and not the sister of the whole blood, as may appear by justice Moil, and † 34 H 6. 58. Red. print. may be proved by king Etheldred brother and successor to king Edward the Martyr, and by king Edward the confessor brother to King Edmund, and divers others who succeeded in the crown of England, being but of the half blood. As was also the late Queen Marie, and is at this present our gracious Sovereign elizabeth. Who both in all records of our law wherein their several rights and titles to the crown are pleaded (as by daily experience aswell in the exchequer, all also in all other cowrtes is manifest) do make their conveyance as heirs in blood the one to the other, which if they were common or private persons they could not be allowed in law, they (as is well known) being of the half blood one to the other, Nor that the executor shall have the goods and chatelle of the testator. that is to wit, begotten of one father but borne of sundry mothers. It is also a general rule in the law, that the executors shall have the goods and chattelles of the testator and not the heir, and yet is it otherwise in the case of the crown, for there the successor shall have them and not the executor, as appeareth in 7, H. 4, by Gascoine. 7 H. 4. fo. 43, 11 H. 4, 9 It is likewise a general rule, that a man Attainted of felony or treason, his heir through the corruption of blood, Nor that a traitor is unable to take land, by descent & without pardon. without pardon and restitution of blood, is unable to take any lands by discente. Which rule although it be general, yet it extendethe not to the discente or succession of the crown, although the same Attainder were by act of ꝑliament as may appear by the Attainder of Richard Duke of york and king Edward his son, and also of king Henry the seaventhe, who were attainted by act of parliament, and never restored, and yet no disability thereby unto Edward the fowrethe, nor unto Henry the seaventhe to receive the crown by lawful succession. But to this you would seam to answer in your said book, saienge that Henry the seaventhe not withstanding his Attainder came to the crown, as cast upon him by the order of the law. For as much that when the crown was cast upon him, that disability ceased. Wherein ye confess directly, that the Attainder is no disability at all to the succession of the crown. For although no disability can be alleged in him that hath the crown in possession, yet if there were any disability in him before to receive and take the same by lawful succession, then must ye say that he was not lawful king but an usurper. And therefore in confessing Henrye the seaventhe to be a lawful king, and that the crown was lawfully cast upon him, ye confess directly thereby that before he Was king in possession, there was no disability in him to take the crown by lawful succession, his said Attainder not with standing: Which is as much as I would wish you to grant. But in conclusion, understanding yourself, that this your reason can not maintain your intent: you go about an other way to help yourself, An answer to the adversary making a difference between attainder & the birth out of the allegiance. making a difference in the law between the case of Attainder, and the case of foreign birth out of the kings allegiance: saying, that in the case of the Attainder necessity doth enforce the succession of the crown upon the party attainted: For otherwise ye say the crown shall not descend to any. But upon the birth out of the kings allegiance, ye say it is otherwise. And for prouf thereof ye put a case of I. S. being seized of lands, and having issewe A, and B. A, is attainted in the life of I. S. his father, and after I. S. dieth, A living unrestored. Now the land shall not descend either to A, or B. But shall go to the lord of the fee by way of escheat. Otherwise it had been (ye say) if A, had been borne beyond the sea. I, S. breaking his allegiance to the king, and after I, S. cometh again into the realm, and hath issewe B. and dieth, for now (ye say) B. shall inherit his father's lands. If the crown had been holden of any person, to whom it might have escheated, as in your case of. I, S. the land did. Then peradventure there had been some affinity between your said case, and the case of the crown. But there is no such matter. Besides that, ye must consider, that the king cometh to the crown not only by discente, but also and chiefly by succession, as unto a corporation: And therefore ye might easily have seen a difference in your cases between the kings Majesty and I, S. a subject: And also between lands holden of a lord above, and the crown holden of no earthly lord, but of God almighty only. But yet for arguments sake, I would feign know where you find your difference, and what authority you can show for the proof thereof. Ye have made no marginal note of any authority: And therefore unless ye also say, that ye are Pythagoras, I will not believe your difference. Well I am assured, that I can show you good authority to the contrary, And that there is no difference in your cases. Peruse I pray you. 22. H. 6. and there may you see the opinion of justice Newton, 22. H. ●. fol. 43. that there is no difference in your cases, but that in both your cases the land shall escheat unto the lord. And Prisote being then of counsel with the party that claimed the lands by a discente: Where the eldest son was borne beyond the seas, durst not abide in law upon that title. This authority is against your difference, and this authority, I am well assuerid is better, than any that you have showed to prove your difference. But if We shall admit your difference to be according to the law, yet your cases, Whereunto you apply your difference are nothing like, as I have said before. But to proceed on in the proof of our purpose, as it doth appear, The supposed maxim of the ad●saries touchethe not kings borne beyond the sea, as appeareth by king Stephen, and king H. 2. that neither the king, nor his crown is bound by these general rules which before I have showed: So do I like wise say of all the residue of the general rules and maxims of the law, being in a manner infinite. But to return again unto your only supposed Maxim, which you make so general concerning the disability of people borne beyond the seas: it is very plain, that it was never taken to extend unto the crown of this realm of England, as it may appear by king Stephen, & by king Henry the second, who were both strangers & French men. And borne out of the kings allegiance, and neither were they the kings children immediate nor their parents of the allegiance, And yet they have been always accounted lawful kings of England, nor their title was by any man at any time defaced or controlled for any such consideration or exception of foreign birth. And it is a world to see, how you would shift your hands from the said king Henry. Ye say he came not to the crown by order of the law, The adversaries objection touching king H. 2. avoided. but by capitulation or agreement, for as much, as his mother by whom he conveyed his title was then living. Well admit that he came to the crown by capitulation during his mother's life. Yet this doth not prove that he was disabled to receive the crown, but rather proveth his ability. And althowghe I did also admit, that he had not the crown by order of the law during his mother's life, yet after his mother's death no man hath hitherto dowbted, but that he was king by lawful succession, and not against the laws and customs of this realm. For so might you put a doubt in all the kings of this realm: that ever governed sithence, and drive us to seek heirs in scotland or else where, which thing we suppose you are over wise to go about. Besides this I have hard some of the adversaries for farther help of their intention in this matter say that king Henry the second was a queens child, and so king by the rule of the common law. truely I know, he was an empress child, but no Queen, of England's child. For although Maud the Empress his mother had a right and a good title to the crown and to be Queen of England: Yet was she never in possession, but kept from the possession by king Stephen: And therefore king Henrye the second can not justly be said to be a Queen of England's child, nor yet any kings child, unless ye would intend the kings children by the words of infants de Roy etc. to be children of farther degree, and descended from the right line of the king: so ye might say truely that he was the child of king Henrye the first, being indeed the son and heir of Maud the Empress, daughter and heir of king Henry the first. As towchinge Arthure king Richard's nephew. Whereby your said rule is here foully foiled. And therefore ye Would feign for the maintenance of your pretenced maxim, catch some hold upon Arthure the son of jeffrey one of the sons of the said Henry the second. Vt autem pax ista & summa dilectio, tam multiplici q arctiori vinculo cōnecta●, pndictiscuriae vestriae magnatibus, id ex part ura tractantibꝰ (dnodisponente) condiximus intet Arthurum egregium ducem Britanniae, nepoten nostrum & hereden fi fortè sine ꝓle obire nos cō●gerit, & filiam vestram matrimonium contrahendum. etc. Ye say then like a good and jolly antiquary, that he was rejected from the crown, by cause he was borne out of the realm. That he was borne out of the realm is very true, but that he was rejected from the crown for that cause it is very false. Neither have you any authority to prove your vain opinion in this point. For it is to be proved by the chronicles of this realm that king Richard the first uncle unto the said Arthure, taking his journey toward Jerusalem, declared the said Arthur (as we have showed before) to be heir apparent * In tractatu pacis inter Rich. 1. & Tancredun Regem Siciliae vid. Rog. Ho●enden & Richar. canonicum sancta Trinitatis Londini. unto the crown: Which would not have been, if he had been taken to be unable to receive the crown by reason of foreign birth. And althowghe king johan did usurp aswell upon the said king Richard the first his eldest brother, as also upon the said Arthur his nephew: yet that is no proof, that he was rejected, by cause he was borne out of the realm. If ye cold prove that, than had ye showed some reason and president to prove your intent, Whereas hitherto you have showed none at all, nor I am Well assured shall ever be able to show. Thus may ye see (gentle reader) that neither this pretenced maxim of the law set forth by the adversaries, nor a great number more as general as this is (which before I have showed) can by any reasonable means be stretched to bind the crown of England. These reasons and authorities may for this time suffice to ꝓue that the crown of this realm is not subject to the rules and the principles of the common law, neither can be ruled and tried by the same. Which thing being true, all the objections of the adversaries made against the title of Marie the Queen of scotland to the succession of the crown of this realm, are fully answered, and thereby clierlie wiped away. Yet for farther arguments sake, and to the end we might have all matters sifted to the uttermost and thereby all things made plain: Let us for this time some what yield unto the adversaries, admitting that the title of the crown of this realm were to be examined and tried by the rules and principles of the common law, and then let us consider and examine farther, whether there be any rule of the common law, or else statute that by good and just construction, can seam to impugn the said title of Marie the Queen of scotland or no. For touching her lineal descente from king Henrye the seaventhe, and by his eldest daughter (as we have showed) there is no man so impudent to deny it. What is there then to be objected? Among all the rules, maxims, and judgements of the common law of this realm, only one rule as a general maxim is objected against her: And yet the same rule is so untrewlie sert forth, that I can not well agree, that it is any rule or maxim of the common law of this realm of England. Your pretenced Maxim is, who soever is borne out of the realm of England, A false maxim set forth by the adversary. and of father and mother not being under the obedience of the king of England, can not be capable to inheriteany thing in England, which rule is nothing true but altogether false. For every stranger and alien is able to purchase the inheritance of lands within this realm, as it may appear in 7 & 7. E. 4. fol. 28. 9 E. 4. fo. 5. 11. H. 4. fol. 25. 14. H. 4. f. 10. 9 of king Edward the fowrthe. And also in, 11, & 14, of king Henry the fowrthe. And altowghe the same purchase is of some men accounted to be to the use of the king: Yet until such time as the King be entitled there unto by matter of record, the inheritance remaineth in the alien by the opinion of all men: And so is a very alien capable of inheritance within this realm. And then it must needs fall out plainly: that your general maxim where upon you have talked and braged so much, is now become no rule of the common law of this realm. And if it be so, then have you uttered very many words to small purpose. But yet let us see farther whether there be any rule or maxim in the common law that may seam any thing like to that rule, Whereupon any matter may be gathered against the title of the said Marie Queen of Scotland. There is one rule of the common law, in words somewhat like unto that, which hath been alleged by the adversaries. Which rule is set forth and declared by a statute made An. 25. of King Edward the third. Which statute reciting the doubt that then was, Whether infants borne out of the allegiance of England should be able to demand any heritage within the same allegiance or no? It was by the same statute ordained, that all Infant's inheritors, Which after that time should be borne out of the allegiance of the king, whose father and mother at the time of their birth, were of the faith and allegiance of the king of England, should have and enjoy the same benefits and advantages to have and carry heritage within the said allegiance, as other heirs should. Where upon it is to be gathered by dew, and just construction of the statute, and so hath been heretofore commonly taken, that the common law always was, and yet is, that no person borne out of the allegiance of the king of England, whose father and mother were not of the same allegiance, should be able to have or demand any heritage within the same allegiance as heir to any person. Which rule I take to be the same supposed maxim, which the ad●saries do mean. But to stretch it generally to all inheritances (as the adversaries would seam to do) by any reasonable means can not be. The statute of Edward 3. anno 25. touchethe inheritance and not purchase. For (as I have said before) every stranger and alien borne, may have and take inheritance as a purchas●er. And if an alien do marry a woman inheritable, the inheritance thereby is both in the alien, and also in his wife: And the alien thereby a purchas●er. No man dowbteth but that a denizen may purchase lands to his own use, 11. H. 4. fol. 25. but to inherit lands as heir to any person with in the allegiance of England he can not by any means. So that it seameth very plain, that the said rule bindethe also denizens, and doth only extend to discentes of inheritance, and not to the having of any lands by purchase. Now will we then consider, whether this rule by any reasonable construction can extend unto the lady Marie the Queen of scotland, for and concerning her title to the crown of England. It hath been said by the adversaries, that she was borne in scotland, which realm is out of the allegiance of England, her father and mother not being of the same allegiance. And therefore by the said rule she is not inheritable to the crown of this realm. although I might at the begining very well and orderly deny the consequent of your argument: yet for this time we will first examine the antecedent whether it be true or no: And then consider upon the consequence. That the Queen of scotland was borne in scotland, scotland is within the allegiance of England. it must needs be granted, but that scotland is out of the allegiance of England, thowghe the said Queen of scotland and all her subjects of scotland will stowtely affirm the same: yet there are a great number of men in England both learned and others that be not of that opinion, being led and persuaded there unto by divers histories, registers, records, and instruments of homage remaining in the treasury of this realm, Wherein is mentioned that the kings of scotland have acknowledged the king of England to be the superior lord over the realm of scotland, and have done homage and fealty for the same. Which thing being true (not with standing it be commonly denied by all Scots men) then by the laws of this realm scotland must needs be accounted to be with in the allegiance of England. And altowghe sins the time of king Henry the sixth, none of the kings of Scotland have done the said service unto the kings of England: Yet that is no reason in our law to say, that therefore the realm of scotland at the time of the birth of the said Lady Marie Queen of scotland, being in the thirty and fowerthe year of the reign of our late Sovereign lord king Henry the eight, was out of the allegiance of the kings of England. For the law of this realm is very plain, that thowghe the tenant do not his service unto the lord, yet hath not the lord thereby lost his signory, for the land still remaineth within his fee and signory that not with standing. The lord loseth not his signiory though the tenant doth not his service. But peradventure some will object and say, that by that reason France should likewise be said to be with in the allegiance of England, for as much as the possession of the crown of France hath been within a little more, than the space of one hundred years now last paste, lawfully vested in the kings of England. Whose right and title still remaineth in the queens majesty that now is. To that, there is a great difference between the right and title which our Sovereign lady claimethe to the realm of France, and the right and title which her highness claimethe to the realm of Scotland: although it be true, that the king of England hath been lawfully possessed of the crown of France, whose right and title by just and lawful succession is devolved unto our said Sovereign lady: Yet during such time, as her highness by usurpation of other is dispossessed of the said realm of France, the same realm by no means can be said to be with in her highness allegiance: especially considering how that sins the time of usurpation, the people of France have wholly forsaken their allegiance and subjection, which they did owe unto the kings of England: And have given and submitted themselves under the obedience and allegiance of the usurpers. But as for the realm of scotland it is oterwise: For the title which our Sovereign Lady and Queen and her ꝓgenitours have claimed unto the realm of Scotland is not in the possession of the land and crown of scotland, but only unto the service of homage and fealty for the same. And although the kings of scotland scythe the time of king Henry the eight, have intermitted to do the said homage and fealty to the kings of England: Yet for all that the kings of Scotland can not by any reason or law be called usurpers. And thus may ye see (gentle Reader) by the opinion of all indifferent men, and not led by affection, that the realm of scotland hath been, and yet is, within the allegiance and dominion of England: And so your antecedent or first proposition false. And yet that maketh no proof that the realm of France likewise should now be said to be with in the allegiance of our Sovereign Lady the Queen of England, by reason of the manifest and apparent difference before showed. But what if your antecedent were true, and that we did agree both with the said Queen of Scots and her subjects and also with you, that scotland were out of the allegiance of England? Yet it is very plain that your consequent and conclusion can not by any means be true. The causes why the crown can not be com●sed with in the pretended maxim. And that principally for three causes. Whereof one is, for that neither the king nor the crown (not being especially mentioned in the said rule or pretended maxim) can be intended to be with in the meaning of the same maxim, as we have before sufficiently proved by a great number of other such like general rules and maxims of the laws. another cause is, for that the crwne can not be taken to be with in the words of the said supposed maxim: And that for two respects, one is by cause the rule doth only dishable aliens to demand any heritage with in the allegiance of England, which rule can not be stretched to the demand of the crown of England, which is not with in the allegiance of England, but is the very allegiance it self: As for a like example. It is true that all the lands with in the kings dominion are holden of the king either mediately or immediately, and yet is it not true that the crown (by which only the king hath his dominion) can be said to be holden of the king. For without the crown there can be neither king nor allegiance: And so long as the crown resteth only in demand not being vested in any person, with out the crownethere can neither be King nor allegiance. there is no allegiance at all. So that the crown can not be said by any means to be with in the allegiance of England: And therefore not within the words of the said rule or maxim. The title of the crown is also out of the words and meaning of the same rule in any other respect: And that is by cause that rule doth only dishable an alien to demand lands by discente as heir: for it doth not extend unto lands purchased by an alien, as we have before sufficiently proved. 40. E. 3. f. 10. 13. E. 3. titlre 264. 16. E. 3. iuransde fai●e 17. E. 3. tit. Scire fac. 7 And then can not that rule extend unto the crown being a thing incorporate, the right whereof doth not descend according to the common course or private inheritance, but goeth by succession as other corporations do. No man dowbtethe but that a prior alien being no denizen, A Deane a Person a Prior being an alien may demand land in the right of his corporation might always in time of peace demand land in the right of his corporation. And so likewise a dean or a person being aliens and no denizens, might demand lands in respect of their corporations, not with standing the said supposed rule or mxime, as may appear by divers book cases, as also by the statute made in the time of king Richard the second. 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 altowghe the crown hath always gone according to the common cowrse of a discente: Yet doth it not properly descend but succeed. And that is the reason of the law, that althowghe the King be more favoured in all his doings, than any common person shallbe: Yet can not the King by law avoid his grants and letters patents by reason of his nonage, as other Infants may do, but shall always be said to be of full age in respect of his * The king is alvayes at full age in respect of his crown. crown: even as a person, vicar, or dean, or any other person incorporate shallbe: Which can not by any means be said in law to be with in age in respect of their corporations, Altowghe the corporation be but one year old. Besides that, the king can not by the law avoid the letters patents made by any usurper of the crown (unless it be by act of parliament no more than other persons incorporate shall avoid the grants made by one that was before wrongfully in their places and rooms. Whereas in discentes of inheritances the law is otherwise. For there the heir may avoid all estates made by the dissesor or abatour, or any other person whose estate is by law defeated. Whereby it doth plainly appear that the king is incorporate unto the crown, and hath the same properly by succession, and not by discente only. And that is likewise an other reason to prove, that the king and the crown can neither be said to be with in the words, nor yet with in the meaning of the said general rule or maxim. The third and most principal cause of all is, for that the said statute where upon the said supposed rule or maxim is gathered: the children discendants and descended of the blood royal by the words of Enfants du Roy, The King's children are expressly excepted from the surmised maxim. are expresseli excepted out of the said supposed rule or maxim. Which words the adversaries do much abuse in restraining & construinge them to extend but to the first degree only. whereas the same words may very well bear a more large and ample interpretation. And that for three causes and considerations. first by the civil law, this word Liberi (which the words Enfants being the usual and original words of the statute written in the French tongue countervaileth) doth comprehend by proper and peculiar signification not only the children of the first degree, L. liberorum de verborum signific. ff. but other discendants also In the law saying, that he who is manumissed or made free shall not commence any action against the children of the patron or manumissor without licence, L. sed & si ff. de in Ius vocando instit. de heredibus ab intest. not only the first degree, but the other also is contained. The like is when the law of the twelve tables sayeth: The first place and room of succession after the death of the parents that die intestate, is duë to the children, which succession apperteinethe as well to degrees removed as to the first. L. lucius ff. de heredi. Instit. l. justa et l. natorum & l. liberorunde verbor. signify. Yea in all causes favourable (as owrs is) this word Son Filius: conteinethe the nephew, thowghe not by the property of the voice or speech, yet by interpretation admittable, in all such things as the law disposethe of. As touching this word Ensans in French we say that it reacheth to other descendants, L. 2. §. Si matter ad S. C. Tertu. l. filius ad S. C. as well as to the first degree. Wherein I do refer me to such as be expert in the said tongue. We have no one word (for the bareness of * Enfants in franche counteruailethe this word liberi in latin. our english tongue) to counterpoise the said french word Enfans, Maced. l. senate de ritu nupt. l. ꝙ si nepotes ff. de test. tutel cum nota●is ibidem. or the latin word Liberi. Therefore do we supply it as well as we may by this word children. The Spaniards also use this word Infants in this ample sort when they call the next heir to the heir apparent the infant of Spain: Even as the late deceased lord Charles of ostrich was called, his father and grandfather then living. If than the original word of the statute declaring the said rule, may naturally and properly appertine to all the descendants, why should we strain and bind it to the first degree only, otherwise then the nature of the word or reason will bear? For I suppose verily, that it will be very hard for the adversary to geave any good and substantial reason, d. l. liberorum. why to make a diversity in the cases. But touching the contrary, there are good and probable considerations which shall serve us for the second cause. As for that the grandfathers call their nephews The grandfathers call their nephews sonnes·s as by a more pleasant plausible name not only their children but their sons also, & for that the son being deceased (the grand father survivinge) not only the grand father's affection, but also the such right title and interest that the son hath by the law, and by proximity of blood, grow and draw all to * L. Gallus §. instituens ff. de libert. & post l fi C. d. impub. & alijs subst. cap. iam 1. q. 4. The father and son are counted in person and flesh inmanicre one. the nephew, Who representethe and suppliethe the father's place, the father and the son being counted in parson and in flesh in manner but as one: Why shall then the bare and naked consideration of the external and accidental place of the birth only sever and sunder such an entire, inward and natural conjunction? Add there unto the many and great absurdities that may hereof springe and ensue. The great absur litie that might follow in excluding the tr●we and right successor for the place of his birth only. diverse of the kings of this realm, as well before the time of king Edward the third (in whose time this statute was made) as after him, gave their dawghters' out to foreign, and some times to mean Princes in marriage, which they would never so often times have done, if they had thowght, that while they went about to set forth and advance their issue, their doings should have tended to the disheriting of them from so great, large, and noble a Realm as this is: Which might have chanced if the daughter having a son or daughter had died, her father living. For there should this supposed maxim have been a bar to their children, to succedde their grand father. This absurdity would have been more notable, if it had chaliced about the time of king Henry the second, or this king Edward, or king Henry the first and sixth, when the possessions of the crown of this realm were so amply enlarged in other countries beyond the seas. And yet never so notable, as it might have been hereafter in our fresh memory and remembrance, if any such thing had chanced (as by possibility it might have chanced) by the late marriage of king Philippe and Queen Marie. For admitting their daughter married to a Foreign Prince should have died before them, she leaving a son surviving his father and grand mother, they having none other issue so nigh in degree, then would this late framed maxim have excluded the same son lamentablie and unnaturally, from the succession of the crown of England, and also the same crown from the inheritance of the realms of Spain, of both Sicily's, with their appourtenances, of the Dukedom of Milan and other lands and dominions in Lombardy and Italy, as also from the Dukedoms of Brabante, Luxembourge, Geldres, Zutphan, burgundy, Friselande, from the countries of Flaunders, Arthois, holland, Zelande, and Namours, and from the new found lands, parcel of the said kingdom of Spain. Which are (unless I be deceived) more ample by double or triple, than all the countries now rehearsed. All the which countries by the foresaid marriage should have been by all right devolved to the said son, if any such child had been borne. If either the same by the force of this jolly new found maxim had been excluded from the crown of England: or the said crown from the inheritance of the foresaid countries: Were there any reason to be yielded for the maintenance of this supposed rule or maxim in that case? Or might there possibly rise any commodity to the realm by observing there in this rigorous pretensed rule, that should by one hundred part countervail this importable loss and spoil of the crown, and of the lawful inheritor of the same? But perchance for the avoiding of this exception limited unto the blood royal: some will say that the same was but a privilege granted to the kings children not in respect of the succession of the crown, but of other lands An evasion avoided pretending the privilege of the kings children not to be in respect of the crown but of other lands. descending to them from their Auncettours. Which altowghe we might very well admit and allow: yet can it not be denied, but that the same privilege was granted unto the kings children and other descendants of the blood royal by reason of the dignity and worthiness of the crown, which the king their father did enjoy, And the great reverence which the law giveth of duty thereunto: And therefore if ye would go about to restrain and with draw from the crown the privilege which the law giveth to the kings children for the crowns sake: ye should do therein contrary to all reason, and against the rules of the are of reasoning which sayeth that propter quod ununquodque & illud magis. Propter ꝙ unum quodque & illud magis. Beside that, I would feign know by what reason might a man say, that they of the kings blood borne out of the allegiance of England, may inherit lands with in this realm as heirs unto their Ancestors, not being able to inherit the crown. Trewelie in mine opinion it were against all reason. But on the contrary side the very force of reason must drive us to grant the like: Yea more great and ample privilege and benefit of the law in the succession of the crown. For the royal blood where soever it be found, The royal blood beareth his honour with it, wheresoever it be. will be taken as a praecious and singular jewel, and will carry with it, his worthy estimation and honour with the people, and where it is dew his right with all. By the civil law the right of the inheritance of private persons, is hemmed and ynched with in the bands of the tenth degree. Vide Ant. Corsetum de potest. & excel. regia q. 106 The blood royal ronnethe a farther race, and so farther race, and so far as it may be found, where with the great and mighty conquerors are glad and fain to join with all, ever fearing the weakness of their bloody sword, Conquerors glad to joinewith the royal blood. in respect of the great strength and force of the same. For this cause was Henry the first, called for his learning and wisdom Beauclerke, glad to consociate and couple himself with the Ancient royal blood of the saxons, Henry the first. which continewinge in the princely succession from worthy king Alured, was cut of by the death of the good king Edward. And by the marrying of Mathildis being in the fowrthe degree in lineal discente to the said king Edward, Was revived and reunited. From this Edward the Queen of Scots (as we have before showed) taketh her noble ancient petigrewe. These then and divers other reasons & causes more, may be alleged for the wayenge and setting forth of the true meaning & intent of the said l. we. Now in case these two causes & considerations will not satisfy the adversary, We will adjoin there unto a third: Which he shall never by any good & honest shift avoid, And that is the use and practise of the realm, aswell in the time foregoing the said statute, as after ward We stand upon the interpretation of the common law recited & declared by the said statute. And how shall we better understand what the law is therein, l. fi ff. de le. them by the use and practise of the said law. Common use and practise the best interpretation of the law. For the best interpntation of the law is custom. But the realm before this statute admitted to the crown not only kings children and others of the first degree, but also of a farther degree. And such as were plainly borne out of the kings allegiance. The foresaid use and practise appearethe●. Eodem Anno Rex cum in diebus suis ꝓcessiss●● Aeldredun Vigorniensem Epum ad regem Hungar. transmittens, revocavit inde filium f●is sui Edmundi, Edwardum, cum tota familia sua ut vel ●pse vel filii eius sibi succederent in regnum. Flor. ●ist. An. 1057▪ Flor. hist. 1066. well before as sithence the time me of the conquest. Among other, king Edward the confessor being destitute of a lawful heir with in this realm, sent into Hungary for Edward his nepheve surnamed Owtlawe, son to king Edmund called Ironside, after many years of his exile to return into England, to the intent the said Owtlawe should inherit this realm; which nevertheless came not to effect, by reason the said Owtlawe died before the said king Edward his uncle. After whose death the said king appointed Eadger Ethelinge son of the said Owtlawe, being his next cozen and heir, as he was of right, to the crown of England. And for that the said Eadgar, was then but of young and tender years, and not able to take upon him so great a government, the said king committed the protection aswell of the young Prince, as also of the realm to Harold Earl of kent, until such time as the said Eadger had obtained perfect age to be able to Wield the state of a king. Aelred. Rhievalens. de regib. Which harold nevertheless contrary to the trust, supplanted the said young Prince of the kingdom, Anglor. ad regem Henr. 2. and put the crown upon his own head. By this it is apparent that foreign birth was not accounted of before the time of the conquest, a just cause to repel and reject any man, being of the next proximity in blood from the title of the crown. And thowghe the said king Edward the confessors will and purpose took not such force and effect as he desidered, and the law craved, yet the like succession took place effectuously in king Stephen and king Henry the second, King Stephen and k. H. 2. as we have already declared. Neither will the adversaries shift of foreigners borne of father and mother which be not of the kings allegiance, help him: For as much as this clawse of the said statute is not to be applied to the kings children, The ad●er saries seamed by imagination that king Henry the 2 shouldecome to the crown by composition and not by ꝓximitie of bloud●. but to others, as appeareth in the same statute. And these two kings Stephen, and Henry the second, as they were borne in a foreign place, so their fathers and mothers were not of the kings allegiance, but mere aliens and strangers. And how fond, notorious a vain thing it is, that the adversary would persuade us, that the said king Henry the second rather came in by force of a composition, then by the proximity and nearness of blood: I leave it to every man to consider that hath any manner of feeling in the discourse of the stories of this realm: The composition did procure him quietness and rest for the time, with a good and sure hope of quiet and peaceable entrance also after the death of king Stephen: And so it followed in * Rex Stepha nus cum here●● viduatuspnter solummodo ducem Henricum recog●ouit in conventu ●piscopo●ū, & aliorum de regno optimatum, ꝙ dux Hen. ius hereditarium in regnum Angliae habebat, & dux benign conc●ssit, ut Rex Stephanus tota vita sua suunregnun pacifice possideret. ●ta tamen comfirmatum est pactum qd ipse rex & ipsi tune pnsentes cum caeterisregni optimatibus iurarent, qd dux H. post mortem regis 〈◊〉 superuiveret reguum fine aliqua contradictione obtineret. deed, but there grew to him no more right thereby them was duë to him before, for he was the true heir to the crown, as appeareth by Stephen his adversaries own confession. Henry the first married his daughter Mathildie to Henry the Emperor, by whom he had no children: And no doubt in case she had any children by the Emperor, they should have been heirs by succession to the crown of England. After whose death she returned to her father, yet did king Henry cause all the nobility by an express oath to embrace her after his death as Queen, olid. and after her, her children. Not long after she was Married to Geffrey Plantagenet a Frencheman borne, Earl of Aniewe, who begart of her this Henry the second being in France. Where upon the said king did revive and renew the like oath of allegiance aswell to her as to her son after her. With the like false persuasion the adversary abusethe him The like fond imagination to wchynge●k. Rich. hu nephew self and his Reader touching Arthur Duke of Brittany, nephew to king Richard the first. As thowghe for sowthe he were justly excluded by king Iohn his uncle by cause he was a foreigner borne. Flores historiarum. an 1153. If he had said that he was excluded by reason the uncle ought to be preferred before the nephew: though it should have been a false allegation and plain against the rules of the laws of this realm (as may well appear among other things by king Richard the second who succeeded his grandfather king Edward the third, which Richard had di●ers worthy and noble uncles, who neither for lack of knowledge could be ignorant of their right, Diversity of opinions touching the uncle and nephew whether of them ought to be preferred in the royal government. neither for lack of Friends, courage, and power, be enforced to forbear to challenge their title and interest) yet should he have had some countenance of reason and ꝓbabilitye, by cause many arguments, and the authority of many learned and notable civilians do concur for the uncles right before the nephew. But to make the place, of the nativity of an inheritor to a kingdom a sufficient bar against the right of his blood, Polid. it seemeth to have but a weak and slender hold and ground: And in our case it is a most unsure and false ground, seeing it is most true that king Richard the first (as uwe have said) declared the said Arthur borne in Britanye, and not son of a king, but his brother Geoffrey's son Duke of Britanye heir apparent, Flores his. an. 1190. his uncle Iohn yet living, and for such a one is he taken in all our stories, and for such a one did all the world take him after the said king Richard his death. Neither was king Iohn taken for other, then for an usurper, by excluding him, The possessions of the crown of englands that were beyond the seas seized into the French kings hands for the murder of Arthur. and afterward for a murderer for imprisoning him, and privily making him away. For the which fact the French king seized upon all the goodly contreies' in France belonging to the king of England, as forfeited to him being the chief lord. By this owtragiouse deed of king Iohn we lost Normandy with all, and our possibility to the inheritance of all Brittany, the right and title to the said Brittany being dew to the said Arthur and his heirs, by the right of his mother Constance. And thowghe the said king Iohn by the practice and ambition of Queen Elenour his mother, and by the special procurement of Huberte then Archbusshoppe of Caunterburie, and of some other factious persons in England, prevented the said Arthur his nephew (as it was easy for him to do, having gotten into his hands all his brother Richard's treasure, besides many other rents then in England, And the said Arthur being an enfante, and remaining beyond the sea in the custody of the said Constance) Yet of this fact, being against all justice, aswell the said Archebusshoppe, as also many of the other, did after most earnestly repent, considering the cruel and the unjust putting to death of the said Arthur procured, Polid. lib. 15. Flor. histor. an. 1208. and after some authors, committed, by the said Iohn himself: which most fowl and shameful act the said Iohn needed not to have committed, if by foreign birth the said Arthur had been barred to inherit the crown of England. And much less to have imprisoned that most innocent lady Elenour Sister to the said Ar●hur in Bristol castle, where she miserably ended her life. If that ga●e Maxim would have served to have excluded these two children, because they were strangers borne in the parteis beyond the seas. Yea it appeareth in other doings also of the said time, and by the story of the said Iohn, that the birth owte of the legiance of England by father and mother foreign, was not taken for a sufficient repulse and rejection to the right and title of the crown. For the Barones' of England being then at dissension with the said king Iohn, & renowncinge their allegiance to him, received jews the eldest Son of Phillippe the french king, to be their king in the right of Blanch his wife, which was a stranger borne, Albeit the lawfullnece of the said Richard, and daughter to Alphons king of castill, begotten on the body of Elenour his wife one of the daughters of king Henrye the second, and sister to the said king Richard and king Iohn. Which story I allege only to this purpose, thereby to gather the opinion of the time * Lews the franche kings son claimed the crown of this realm in the title of his wife. that foreign birth was then thowght no bar in the title of the crown. For otherwise how could jews of France † Pro here ditateuxoris i●re scilicet neptis Reg Io. usque ●d mortem 〈◊〉 necessitas exigeret decertab● pretend title to the crown in the right of the said Blanch his wife being borne in Spain. These examples are sufficient I suppose, to satisfy and content any man that is not obstinately wedded to his own fond fantasies and froward frivoulous imaginations, Flores histo. An. 1216. or otherwise worse depraved for a good sure and substantial interpretation of the common law. And it were not altogether from the purpose here to consider and weigh, with what and how grievous plagues this realm hath been oft afflicted and scowrged by reason of wrongful and usurped titles. I will not revive by odious rehearshall the greatness and number of the same plagues, aswell otherwise, as especially by the contention of the noble houses and famelies of york and Lancaster▪ seeing it is so fortunately and almost with in man's remembrance extinct● and buried. Haroldus muneribus & genore fretus regni diadema invasit. Henr. Hunt. hist. Angliae. li. 6. I will now put the gentle Reader in remembrance of those only with whose usurping titles we are now pnsentlie in hand. And to begin with the most ancient, Cui regnum iure hereditario, debebatur. Ealredus Rievall. in hist. R. Angl. ad H. 2. what became I pray you of Harolde that by bribery and help of his kindred usurped the crown against the foresaid young Eadgar (as I have said) and as the old monumenrs of our historiopraphers do plainly testify, was the true and lawful hair. Cui de iure debebat regnum Anglorum. Io. ●od. in chronic. Angliae. Could he think you enjoy his ambitious and naughty usurping one whole and entire year? No surly ear the first year of his usurped reign turned about, he was spoiled and turned out both of crown and † Rex Edwardus misit etc. Vt vel●p̄e Edwardꝰ vel filiae e●us sibi succederent etc. Rich. Cicest. vid will. Malmesb. de regi. Ang. l. 2. c. 45. l. 3. cap. 5. his lief with all. Faden verba sunt in Mat. westmo. 1 flor. hist An●o. 1066. Yea his usurpation occasioned the conquest of the whole realm by willian Duke of Normandy bastard Son to Roberte the sixth duke of the same. And may we think all safe and sound now from like danger, if we should tread the said wrong steps with harold, forsaking the right and high way of law and justice? What shall I now speak of the crewell and civil wars between king Stephen and king Henry the second, Which wars rose by reason the said Henry was unjustly kept from the crown deuë to his mother Maud, and to him afterwards. The petifull reign of the said Iohn who doth not lament with the lamentable loss of Normandy, Aquitanie, and the possibility of the Dukedom of Brittany, What cala mities fell to this real me by the usurping of king Harrold K. Stephen and Iohn. and with the loss of our other goodly possessions in France? Whereof the crown of England was rob and spoiled by the unlawful usurping of him against his nephew Arthur. Well, let us leave these grievous and loathsome remembrances, and let us yet seek if we may find any later interpretation either of the said statute, or rather of the common law for our purpose. And lôa the great goodness and ꝓuidence of God, who hath (if the foresaid examples would not serve) provided a later, but so good, so sure, so apt and meet interpretation for our cause, as any reasonable heart may desire. The interpretation directly towchethe our case, which I mean by the marriage of the Lady Margaret eldest daughter to king Henry the seaventhe, unto james the fowrthe, king of scotland, and by the opinion of the said most prudent Prince in bestowing his said daughter into scotland: A matter sufficient enough to overthrow all those cavellinge inventions of the adversary. For what time king james the fourth sen●e his ambassador to king Henry the seaventhe to obtain his good will to espouse the said Lady Margaret, Polid. 26. there were of his counsel not ignorant of the laws and customs of the realm, King H. with his cownsaile is a good interpreter of our present cause. that did not well like upon the said marriage, saying it might so fall out, that the right and title of the crown might be devolved to the Lady Margaret and her children: And the realm thereby might be subject to scotland. To the which the prudent and wise king answered, that in case any such devolution should happen, it would be nothing prejudicial to England: For England as the chief and principal and worthiest part of the Isle, should draw Scot land to it, as it did Normandy from the time of the conquest: which answer was wonderfully well liked of all the counsel. And so consequently the marriage took effect, as appeareth by Polidor the historiogropher of this realm: And such a one as written the acts of the time by the instruction of the king himself. I say then the wise worthy Solomon foreseeing that such devolution might happen, was an interpretatour with his prudent and sage counsel for our cause, for eyes they needed not to reason of any such subjection to scotland. If the children of the Lady Margaret might not lawfully inherit the crown of England: For as to her husband we could not be subject, having himself no right by this marriage to the title of the crown of this realm. Where upon I may well infer that the said new maxim of these men (whereby they would rule and over rule the succession of Princes) was not known to the said wise king, neither to any of his counsel: Or if it were, yet was it taken not to reach to his blood royal borne in scotland. And so on every side the title of Queen mary is assuerid: So that now by this that we have said, it may easily be seen, by what light and ●klender consideration, the adversary hath gone about to strain the words, Enfants or children to the first degree only. Of the like weight is his other consideration, imageninge and surmisinge this statute to be made by cause the king had so many occasions to be so often over the sea with his spouse the Queen. As thowghe divers kings before him used not often to pass over the seas? As thowghe this were a personal statute made of special purpose, and not to be taken as a declaration of the common law: Which to say is most directly repugnant and contrarious to the letter of the said statute: Or as thowghe his children also did not very often repair to owterwarde contreies', as Iohn of Gawnte Duke of Lancaster, Polid Polychr, Froserd. that Married peter's the king of castilles eldest daughter, by whose right he claimed the crown of castill, as his brother Edmund, The marriages of k. E. 3. sons. earl of camebridge that married the youngest daughter, as lionell Duke of clarence that married at Milan Violane daughter and heir to Galiatius Duke of Milan, But especially Prince Edward which most victoriously took in battle Iohn the French king, and brought him into England his prisoner to the great triumph and reioicinge of the realm, whose eldest son Edward that died in short time after, was borne beyond the seas in Gascoigne, and his other son Richard that succeeded his grandfather was borne at Burdeauxe. As these noble king Edward's sons Married with foreigners: So did they give out their daughters in Marriage to foreign Princes. As the Duke of Lancaster his daughter Philippe to the king of Portugal, and his daughter Katherine to the King of Spain, And his niece johan daughter to his son Earl of Somersett was joined in marriage to the King of Scots, johan daughter to his brother Th● mass of Wodstocke Duke of Gloncester was Queen of Spain, And his other daughter Marie Duchess of Bretaigne. Now by this man's interpretation none of the issue of all these noble women, could have enjoyed the crown of England, when it had fallen to them (thowghe they had been of the nearest royal blood) after the death of their Ancestors. Which surly had been against the auncient● presidents and examples that we have declared, and against the common law, The which must not be thowght by this statute any thing taken away, but only declared, and against all good reason also. For as we would have thowght this realm greatly injured if it had been defrauded of Spain or any of the foresaid contreies', being devolued to the same by the foresaid marriages, As we think ourself at this day injured for the with holding of France: so the issue of the foresaid noble women might and would have thowght them hardly and injuriously handled, if any such case had happened. Neither such frivelouse interpretation & gloss, as this man now framethe and maketh upon the statute, Would then have served, nor now will serve. But of all other his frivelouse and foolish ghessinge upon the cause of the statute for Enfans du Roy, A fond imagination of the ad●sarie of the statute 25. ●. 3. there ●s one most fond of all, for he would make us beleave, such is the man's skill, that this statute touching Enfants du Roy, was made for the great bowbte more in them then in other people touching their inheritance to their Ancestors. For being then a maxim (saith he) in the law, that none could inherit to his Ancestors, being not of father and mother under the obedience of the king: seeing the king himself could not be under the obedience, it plainly seamed that the kings children were of far worse condition than others, and quite excluded. And therefore he sayeth that this statute was not to give them any other privilege, but to make than equal with other. And that therefore this statute touching the kings children, is rather in the superficial part of the word then in effect. Now among other things he sayeth (as we have showed before) that this word Enfants du Roy in this statute mentioned, must be taken for the children of the first degree, Which he seameth to prove by an note taken out of master rastal. There was no doubt made off the kings children borne beyond the seas. But to this we answer that this man sweetly dreamt, when he imagined this fond and fantastical exposition: And that he showeth himself a very infant in law and reason: For this was no Maxim, or at least not so certain before the making of this statute, which geavethe no new right to the kings children, nor answereth any doubt touching them and their inheritance: But sayeth that the law of the crown of England is and always hath been, which law sayeth the king, say the lords, say the commons, we allow and affirm for ever, that the kings children shallbe able to inherit the lands of their Ancestors, where so ever they be borne. All the doubt was for other persons, as appeareth evidently by the tenor of the Statute, whether by the common law (they being borne out of the allegiance) where heritable to their Ancestors. And it appeareth that the adversary is driven to the hard wall, when he is fain to catch hold upon a felye poor marginal note of Maistre rastal, of the kings children, and not of the kings childres children. Which yet nothing at all serveth his purpose touching this Statute. But he or the printer, or who soever he be, As he draweth out of the text many other notes of the matter therein comprised: So upon these french words Les Enfants du Roy, he noteth in the margent the kings children: But how far that word reacheth he sayeth neither more nor less: Neither it is any thing prejudicial to the said Queens right or title. Whether the said words Infants ought to be taken stritkelie for the first degree, or farther enlarged. For if this statute towchethe only the succession of the kings children to their Ancestors for other inheritance, and not for the crown (as most men take it) and as it may be as we have said very well taken and allowed. Then doth this supposed Maxim of foreign borne, that seemeth to be gathered out of this statute nothing annoy or hinder the Queen of Scots title to the crown, as not there to apꝑteininge. On the other side if by the inheritance of the kings children, the crown also is ment, yet neither may we enforce the rule of foreign borne, upon the kings children, Which are by the express words in the Statute excepted: Neither enforce the word Enfans to the first degree only; This statute towchethe not the Quen● of Scots as one not borne beyond the seas. For such reasons, presidents, and examples, and other ꝓuffes largely by us before set forth to the contrary. Seeing that the right of the crown falling upon them, they may well be called the kiges' children, or at least children of the crown. There is also one other cause why, though this Statute reach to the crown, and may and ought to be exded of the same, the said Queen is out of the reach and compass of the said statute. For the said statute can not be understanded of any persons borne in Scotland or wales, but only of persons borne beyond the sea owte of the allegiance of the king of England: That is to wit France, Flawnders and such like: For England, Scotland, and wales be all within one territory, and not divided by any sea. And all old records of the law concerning service to be done in those two countries, have these words Infra quatu●r maria, within the four seas, which must needs be understand in scotland and wales, aswell as in England, by cause they be all with in one continente, compassed with four seas. And likewise be many ancient statutes of this realm written in the Norman french, Which have these words Deins lez quatre mers, that is within the four seas. Now concerning this statute, the title of the same is, of those that are borne beyond the sea, the doubt moved in the corpse of the said Statute, is also of children borne beyond the sea owte of the allegiance, with divers other branches of the Statute tending that way. Whereby it seameth that no part of the Statute touchethe these that are borne in wales or scotland. Vide statuta wallie in magna carta. And albeit at this time, and before in the reign of Edward the first, Wales was under the allegiance of England before it was united to the cr●nve. wales was fully reduced, annexed, and united to the proper dominion of England: yet was it before subjecteth to the crown and king of England, as to the lord and Seignour, aswell as scotland. Wherefore if this Statute had been made before the time of the said Edward the first, it seameth that it could not have been stretched to wales, no more then it can now to scotland. I do not therefore a litke marvel, that ever this man for pure shame could find in his heart so childishelie to wrangle upon this word Enfants, and so openly to detort, deprave, and corrupt the common law and the acts of parliament. And thus may you see, gentle Reader, that nothing can be gathered either out of the said supposed general rule or Maxim, or of any other rule or principle of the law, that by any good and reasonable construction can seam to impugn the title of the said Lady mary now Queen of Scots, of and to the crown of this realm of England, as is aforesaid. We are therefore now last of all to consider, Whether there be any statute or act of parliament, that doth seam either to take away or prejudice the title of th● said Lady Marie. And by cause touching the foresaid mentionedd Statute of the 25. year of king Edward the third, being only a declaration of the common law, we have already sufficiently answered▪ We will pass it over, and consider upon the Statute of 28. & 36. of king Henry the eight, being the only shoteanker of all the adversaries, Whether there be any matter therein contained or depending upon the same, that can by any means destroys or hurt the title of the said Lady Marie Queen of scotland to the succession of the crown of England. The statutes of king H. 8. touching the succession of the crown. It doth appear by the said Statute of 28. of king Henry the eight, that there was a●cthorie geaven him by the same to declare, limit, appoint, and assign the succession of the crown by his letters patents, or by his last will signed with his own hand. It appeareth also by the foresaid Statute made 35. of the said king, that it was by the same enacted, that the crown of this realm should go and be to the said king and to the heirs of his body lawfully begotten, that is to say, unto his highness first son of his body between him and the Lady jane then his wife, begotten: and for default of such issue, then unto the Lady Marie his daughter, and to the heirs of her body lawfully begotten. And for default of such issue, them unto the Lady Elizabeth his daughter our Sovereign Lady the queens Majesty that now is, and to the heirs of her majesties Body Lawfully begotten. And for default of such issue, unto such person or persons in remainder or reversion, as should please our late Sovereign Lord king Henry the eight, and according to such estate, and after such manner, order, and condition, as should be expressed, declared, named and limited in his highness letters patents, or by his last will in writing, seigned with his own hand. By virtue of which said act of parliament the adversaries do allege, that the said late king Henry the eight afterward by his last will in writing signed with his own hand, did ordain and appoint, that if it happen the said Prince Edward, Lady mary, and Lady elizabeth to die without issue of their bodies lawfully begotten, than the crown of this realm of England, should go and remain unto the heirs of the body of the Lady Frances his niece, and the eldest daughter of the Franche Queen. And for default of such issewe to the heirs of the body of the Lady Elenour his niece second daughter to the French Queen lawfully begotten. And if it happened the said Lady Elenour to die withowte issewe of her body lawfully begotten, to remain and come to the next rightful heirs. Where upon the advesaries do infer, that the succession of the crown ought to go to the children of the said Lady Frances, and to their heirs according to the said supposed will of our late Sovereign Lord king Henry the eight: And not unto the Lady Marie Queen of Scots that now is. ●n answer to the foreside statutes. To this it is on the behalf of the said Lady Marie Queen of scotland among other things aswered, that king Henry the eight never signed the pretenced will with his own hand: And that therefore the said will can not be any whit piudiciall to the said Queen. Against which answer for the defence and upholding of the said will, it is replied by the adversaries, first that there were divers copies of his will found signed with his own hand, The effect of the adversaries Arguments for the exclusion of the Q. of Scots by a pretensed will of kin. H. 8. or at the least wise interlined, and some for the most part written with his own hand: out of the which it is likely that the original will commonly called king Henry the eights will was taken, and fair drawn out. Then that there be great and vehement presumptions, that for the fatherly love that he bore to the common wealth, and for the avoiding of the uncertainty of the succession, he well liked upon and accepted the authority given him by parliament, and signed with his own hand the said original will, which had the said limitation and assignation of the crown. And these presumptions are the more enforced, for that he had no cause why he should bear any affection either to the said Queen of Scotland, or to the Lady Lenneux: And having with all no cause to be grieved or offended with his sisters the french queens children, But to put the matter quite owte of all ambiguity and doubt. It appear thee (they say) that there were eleven witnesses purposely calledd by the king, Who were present at the signing of the said will, and subscribed their names to the same. Yea the chief lords of the counsel were made and appointed executors of the said will: And they and other had great legaties given than in the said will, which were paid, and other things comprised in the will accomplished accordingly. There passed also purchases and letters patents between king Edward and the executors of the said will and others, for the execution and performance of the same. Finally the said testament was recorded in the chancery. Wherefore they affirm that there ought no manner of doubt move any man to the contrary. And that either we must grant this will to be signed with his hand, or that he made no will at all: Both must be granted, or both denied. If any will deny it in case he be one of the witnesses, he shall impugn his own testimony: If he be one of the executors, he shall overthrow the fowndation of all his doings, in ꝓcuringe the said will to be enrolled, and set forth under the great seal. And so by their dubblenes they shall make themselves no meet witnesses. Now a man can not ligthlie imagine how any other besides these two kinds of witnesses (for some of them, and of the executors were such as were continually waiting upon the kings person) may impugn this will, and prove that the king did not sign the same, but if any such impugn the said will, It would be considered how many they are, and what their are: And it willbe very hard to prove Negativam facto. But it is evident say they, that there was never any such lawful proof against the said will ꝓducted. For if it had been, it would have been published in the star chamber, preached at Paul's cross, declared by act of parliament, proclaimed in every quarter of the realm. Yea admitting say they, that it were proved that the said pretenced will lacked the kings hand, yet nevertheless say they, the very copies we have spoken of, being written & signed, or at least interlined with his own hand, may be said a sufficient signing with his own hand. For seeing the scope and final purpose of the statute was, to have the succession provided for, and asserteined, which is sufficiently done in the said will: And seeing his own hand was required, but only for eschewinge evil and sinister dealing, whereof there is no suspicion in this will to be gathered: What matter in the world, or what difference is there, When the king fulfilled and accomplished this gracious act; that was looked for at his hands, Whether he signed the will with his own hand or no. If it be objected that the king was obliged and bound to a certain precise order and form, which he could in no wise shift, but that the act without it must perish, and be of no value, Then say they, we undo whole parliaments, aswell in Queen Mary's time, as in king Henry the eights time. In Queen Mary's time by cause she omitted the style appointed by parliament Anno Henrici octavi tricefim● quinto. Ann. H. 8. 35. In king Henry's time by reason there was a Statute that the kings will absent may be geaven to an act of parliament by his letters patents signed with his hand, Ann. H. 8. 33. 21. thowghe he be not there personally. And yet did the said king supply full oft his consent by the stamp only. This yet not with standing, the said parliaments for the omission of forms so exactly and precisely appointed, An answer by the way of rejoinder to the same. are not destroyed and disannulled. After this sort in effect, Have the adversaries replied for the defence of the said pretenced will. To this we will make our rejoinder, and say, first that our principal matter is not to join an issue, whether the said king made and ordained any sufficient will or no, We leave that to an other time: But whether he made any testament in such order and form as the statute require the. Wherefore if it be defective in the said form, as we affirm it to be, were it otherwise never so good and perfect, thowghe it were exemplified by the great seal, and recorded in the chancery, and taken commonly for his will and so accomplished, it is nothing to the principal question. It resteth then for us to consider the weight of the adversaries presumptions, whereby they would enforce a probability, that the testament had the foresaid requisite form: yet first it is to be considered, what presumptions and of what force and number do occur to avoid and frustrate the adversaries presumptions, and all other like. We say then there occur many likelihoddes, divers pnsumptions and reasons against the supposed will. many presumptions, many great and weighty reasons to make us to think, that as the king never had good and just cause to mind and enterprise such an act as is pretended: So likewise he did enterprise no such act in deed. I deny not, but that their was such authority given him, neither deny but that he might also in some honourable sort have practised the same to the honour and wealth of the realm, & to the good contentation of the same realm. But that he had either cause or did exercise the said authority in such strange and dishonourable sort, as is pretended, I plainly deny. For being at the time of this pretensed will furniss●ed and adorned with issue our late king Edward, and lady Marie late Queen, and with our gracious sovereign Elizabeth, their state and succession being also lately by act of parliament established, what need or likelihood was there for the king them to practise such new devices, as never did (I suppose) any king in the realm before, and few in any other beside. And where they were practised commonly had infortunate and lamentable success. What likeliehodd was there for him to practise such devices, especially in his later days when wisdom, the love of God, and his realm should have been most ripe in him? That were likely to stir up a greater fire of grievous contention and woeful destruction in England, Then ever did the deadly faction of the red rose and the white, lately by the incorporation and union of the houses of york and Lancaster, in the person of his father through the marriage of Lady Elizabeth, eldeste daughter to king Edward the fourth, most happily extinguished and buried. And thowghe it might be thowght or said, that there would be no such cause of fear, by reason the matter passed by parliament, yet could not he be ignorant that neither parliaments made for Henry the fowrthe, or continuance of two discentes (Which take no place in giving any title touching the crown) in king Henry the sixth, nor parliaments made for king Richard the third, nor ꝑliamentes of attainder made against his father, could either prejudice his father's right or relieve other against such, as pretended just right and title, And as he could not be ignorant thereof, so it is not to be thought, that he would abuse the great confidence put upon him by the parliament, and disherit with out any apparent cause, the next royal blood, and think all things sure by the colour of a ꝑliament. The little force whereof against the right inheritor, he had to his fathers and his own so ample benefit, so lately and so largely seen and felt, and yet if he minded at any time to prejudice the said Lady Marie Queen of scotland, of all times he would not have done it then, when all his care was by all possible means to contrive and compass a marriage between his son Edward, and the said Lady and Queen. Suerlie he was to wise of himself, and was furnished with to wise counsellors to take such an homely way to procure and purchase the said marriage by. And lest of all can we say he attempted that disshonorable disherison, for any special inclination or favour he bore to the french Queen his sister's children. For there have been of his near and privy counsel, that have reported, that the king never had any great liking of the marriage of his sister with the Duke of Suff. Who married her first privily in France, and afterward openly in England (and as it is said) had his pardon for the same privy marriage in writing. How soever this matter goeth certain it is, that if this pretenced will be true, he transferred and transposed the reversion of the crown, not only from the Queen of scotland, from my Lady Lenneux and their issue, but even from my Lady Frances and my Lady Elenour also daughters to the French Queen, which is a thing in a manner incredible, and therefore nothing likely. I must now gentle reader put the in remembrance of two other most pregnante and notable conjectures and presumptions, for among all other inconveniences and absurdities that do and may accompany this rash and unadvised act by this pretenced will inconsiderately maintained, it is principally to be noted, that this act giveth apparent and just occasion of perpetual disherison of the style and title of France incorporated and united to the crown of this realm. The supposed will is piudiciall to the crown of England for the claim of the crown of France. For whereby do or have the French men hitherto excluded the kings of this realm claymenge the crown of France by the title of Edward the third, falling upon him by the right of his mother, then by a politic and civil law of their own, that barrethe the female from the right of the crown? And what doth this pretenced act of king Henry, but justifieth and strengtheneth their quarrel, and overthroweth the fowndation and bulwark, whereby we maintain our foresaid title and claim? If we may by our Municipal law exclude the said Queen of Scotland, being called to this crown by the title of general heritage. Then is their municipal law likewise good and effectual, and consequently we do and have made all this while an unjust and wrongful claim to the crown of France. But now to go somewhat farther in the matter, or rather to come nearer home and to the quick of the matter, we say as there was some apparent and good cause why the king should the twenty and eight year of his reign think upon some limitation and appointment of the crown (king Edward as yet unborn) so after he was borne, and that the title and interest of the reversion of the crown after him was the thirty and fift year by parliament confirmed to the late Queen Marie, and our gracious Sovereign elizabeth: It is not to be thowght that he would afterward ieperde so great a matter by a testament and will, which may easily be altered and counterfeited. And least of all make such assignation of the crown, as is now pretended. For being a Prince of such wisdom and experience he could not be ignorant, that this was the next and redieste way to put the state, at least of both his daughters to great peril and utter disherison. This supposed will geavethe occasion of ambitious aspiring. For the kings example and boldness in interrupting and cutting away so many branches of the nearest side & line, might soon breed in aspiring and ambitious hearts a bold and wicked attempt, the way being so far brought in and prepared to their hands by the king himself, and their natures so ready and prone to follow evil presidents, and to climme high by some colourable means or other, to spoil and deprive the said daughters of their right of the crown, that should descend and fall upon them: And to convey the same to the heirs of the said Lady Frances. And did not, I pray you this drift & devise fall hour even so, tending to the utter exclusion of the late Queen Marie, and our gracious Sovereign elizabeth: If God had not of his great mercy most graciously and wonderfully repressed & overthroune the same? These reasons then and pnsumptions may seam well able & sufficient to bear down, to break and overthrow the week and slender pnsumptions of the adversaries, ground upon uncertain and mere surmises, guesses, and conjectures, as among other, that the king was offended with the Queen of Scotland and with the lady Lenneux: which is not true. And as for the lady Lenneux, it hath no manner of ꝓbabilitie: As it hath not in deed in the said Queen. And if it had, yet it is as probable and much more probable, that the king would have especially at that time, for such cause as we have declared, suppressed the same displeasure, Grauntinge now that there were some such displeasure, was it honourable either for the king or the realm, or was it think ye ever thought by the parliament that the king should disherit them for every light displeasure? And if as the adversaries confess the king had no cause to be offended with the French queens children, why did he disherit the Lady Frances, and the Lady Elenour also? Their other presumption which they ground upon the avoiding of the uncertainty of the succession by reason of his will, The succession to the crown is more uncertain by the supposed will then before. is of small force, and rather turneth against them: For it is so far of, that by this means the succession is made more certain and sure, that contrary wise it is subject to more uncertainty and to less surety than before. For where as before the right and claim to the crown hung upon ordinary and certain cowrse of common law, upon the certain and assuerid right of the royal and unspotted blood: Yea upon the very law of nature (whereby many inconveniences, many troubles, dangers and seditions are in all contreyes' politicly avoided), There is mucheforgerie and counterfeiting of testaments. So now depending upon statute only, it is as easy by an other stature to be infringed and overthrown: And depending upon a testament, is subject to many corruptions, sinister dealings, cavillations, yea and just overthrows by the dishability of the testator, witnesses, or the legatory himself, or for lack of dew order to be observed, or by the death of the witnesses unexamined, and for many other like considerations. The monuments of all antiquity, the memory of all ages, and of our own age, and daily experience can tell and show us many lamentable examples of many a good and lawful testament by undewe and crafty means, by false and suborned witnesses, Valerius Maximus dedict. & fact. lib. 9 cap. 4. by the cowetous bearing and maintenance of such as be in authority quite undone and overthrown. Wherefore. Valerius Maximus cry the out against, M. Crassus and Q. Hortensuis lumina curiae, ornamenta fori, Quod scelus vindicare debuerant, lucri captura invitati suis authoritatibus texerint. This presumption then of the adversaries rather maketh for us, and ministrethe to us good occasion to think that the king would not hazard the weight and importance of such a matter, to rest upon the validity or invalidity of a bare testament only. By this that we have said, we may probablely gather, that the king had no cause to adventure so great an enterprise by a bare will and testament. Ye shall now hear also why we think he did never attempt or enterprise any such thing. It is well known, the king was not wont lightly to overslip the occasion of any great commodity presently offered: And yet this not withstanding having given to him by act of parliament, the ordering and disposition of all chantries and colleges, He did never or very little practice & execute this aucthorité. And shall we think (whiles full and sufficient proof necessarily enforce our credit) that the king to his no present commodity and advantage: but yet to his great dishonour, to the great obloquy of his subjects, and other contreyes, to the notable disherison of so many of the next royal blood, did use any such authority, as is surmised? Again if he had made any such assignation: In this supposed will is no condition for the marriage of theirs of the Lady Frances, as is for the kings own dawghters. Who dowbtethe but that as he conditioned in the said pretenced will, with his noble daughters to marry with his counsels advice, either else not to enjoy the benefit of the succession: He would have tied the said Lady Frances and Lady Elenours heirs to the same condition. furthermore, I am driven to think, that there passed no such limitation by the said king Henry's will, by reason there is not, nor was these many years any original copy thereof, nor any authentical record in the chancery or else where to be showed in all England, as the adversaries themselves confess, and in the copies that be spread abroad, the witnesses pretended to be present at the signing of the said will be such for the meanness of their state of the one side, and for the greatness and weight of the cause on the other side, as seam not the most sufficient for such a case. The importance of the cause being no less, than the disherison of so many heirs of the crown, As well from the one sister as from the other, required and craved some one or other of the privy counsel, or some one honourable and notable person to have been present at the said signing: or that some notification should have been made afterward to such persons by the king himself, or at least before some notary and authentical person, for the better strengthening of the said will. Hear is now farther to be considered, that seeing the interest to the crown is become a plain testamentary matter and claim, and dependeth upon a last will, when and before what ordinary this will was exhibited allowed and proved? Where and of whom took the executors their oath for the true performance of the will. No order taken for the ꝓbation of the supposed will. Who committed to them the administration of the kings goods and chatttelles. When and to whom have they brought in the inventory of the same, Who examined the witnesses upon their oath for the tenor and truth of the said testament. Namely upon the signement of the kings hand, wherein only consisteth the weight of no less, then of the crown it self: Where or in what spiritual or temporal cowrte may one find their depositions. But it were a very hard thing to find that, that as far as men can learn never was. And yet if the matter were so plain, so good, and so sound, as these men bear us in hand, if the original testament had been such as might have bidden the towchestone, the trial, the light and the sight of the world: Why did not they that enjoyed most commodity thereby, and for the sway and authority they bore, might and ought best to have done it, take convenient and sure order, that the original might have been duly and saufelie preserved, or at the least, the ordinary probate which is in every poor man's testament diligently observed, might have been procured or seen? One or other authentical instrument thereof reserved? The ad●saries themselves see well enough, yea and are fain to confess these defects, but to help this micheif they would feign have the enrolment in the chancery to be taken for a sufficient probate, The enrollement in the chancery is n● probation. by cause as they say, both the spiritual and temporal authority did concur in the kings person. Yet do they know well enough that this plaster will not cure the sore, And that this is but a poor help and shift. For neither the l●es patentes, nor the enrolment may in any wise be counted a sufficient probate. The chancery is not the cowrte or ordinary place for the probate of wills, not the rolls for recordinges the same. Both must be done in the spiritual cowrtes, where the executors also must be impleaded, and give their account, where the weakness or strength of the will must be tried, the witnesses examined. Finally the probate and all other things thereto requisite dispatched: or if it may be done by any other person, yet must his authority be showed, the probate and all things must be done accordingelie. And among other things the usual clause of Saluo iure cuiuscunque must not be omitted. Which things, I am assuerid, the recording in the chancery can not import, but this caution and proviso of Saluo iure cuiuscunque (which is most conformable to all law & reason) did little serve some men's turn. And therefore there was an other caution and ꝓuiso, that thowghe the poorest man's testament in all England hath this proviso, at the ꝓbate of the same, yet for this testament the weighty este, I trow, that ever was made in England, no such probate or claws can be found either in the one or the other cowrte: Yet we needs must, all this not with standing, be borne in hand and borne down, that there was a testament and will formablie framed according to the purpose and effect of the statute: Yet must the right of the imperial crown of England be conveyed and carried away with the colour and shadow only of a will, I say the shadow only, by reason of an other conjecture and presumption which I shall tell you of. Which is so lively and effectual, that I verily suppose it willbe very hard for any man by any good and probable reason, to answer and avoid the same: And is so importante and vehement, that this only might seam utterly to destroy all the adversaries conjectural proofs, concerning the maintenance of this supposed will. We say therefore and affirm, that in case there had been any good and sure help and hand fast, to take and hold the crown for the heirs of the Lady Frances by the said will, that the faction that unjustly intruded the Lady jane eldest daughter to the said Lady Frances, to the possession of the crown: would never have omitted to take, receive, and embrace the occasion and benefit thereof, to them presently offered. They neither would nor could have ben● driven to so hard and bare a shift, as to colour their usurpation against the late Queen Marie only and our gracious Sovereign elizabeth, A great pnsumption against the supposed will, for that the late pretenced Q. jane, did not use the benefit of the same against the Queen of Sco●es and others. with the letters patents of king Edward the sixth, and with the consent of such as they had p●ocurid. Which king by law had no authority (as it is notorious) to make any limitation and assignation of the crown, otherwise then the common law doth dispose it. It was need for them I say, as they procured such letters patents, so to have set forth also the said pretenced will, if there had been then any such will in deed sufficiently and duly to be proved, as is now surmised there was. The record of the said surmised will was in the chancery, which they might have used with the pretenced witnesses, and with the original pretenced will, and with all other things thereto belonging to their best advantage. It can not be thowght, that either they were ignorant of it, or that they would forbear and forego so great a commodity offered, and such a plausible pretext of their pretenced usurpation bearing the countenance & authority of the kings will, and of the whole parliaments for the exclusion of the Queen of Scots and others of the nearer royal blood▪ Neither can it be said, that the letters patents were made as it were for a stronger corroboration and confirmation only of the said pretensed will. For that there is not so much as one word in their whole pretenced ꝓclamation for the supposed right of the said Lady lane by the force of that surmised will, See the ꝓclamation made the fiuetenth of julie the first year of her pntensed reign. Whereby it might any thing appear, that king Henry the eight made any manner of limitation or assignation of the crown to the heirs of the said Lady Frances. Whereupon it may well be gathered, that either they knew of no such limitation to the children of the Lady Frances by the said supposed will, or took it to be such as could give no good and lawful force and strength to aid and maintain their usurpation, for the manifest forgery of the same. And therefore they purposely (for ignorance can not be pretended in them) kept back and suppressed in the said Ires patents, this pretenced limitation surmised to be made for the children of the said Lady Frances, which nevertheless the adversaries do now with so great and vehement asseveration blow into all men's ears. Wiche is utterly rejected and overthrown and it were by nothing else, but by this proclamation for the pretenced title of the said Lady jane. So that we need to travail no farther for any more proof against the said asseveration. But yet in case any man do look for any other and more persuasion and prouff, which as I said need not, (O the great providence of God, o his great favour and goodness to this realm, of the Which it hath been said, Regnum Anglie est regnum Dei, Polyd. l. 8. And that God hath ever had a special care of it, o his great goodness, I say to this realm even in this case also) for he hath opened and brought to light the very truth of the Matter. Which is burst out, thowghe never so craftily suppresed and kept under. We say then that the king never signed the pretenced will with his own hand neither do we say it by bare hear say, or gather it by our former conjectures and presumptions only, thowge very effectual and probable, but by good and able witnesses that avouch and justify of their own certain knowledge, that the Stamp only was put to the said will, and that even when the king himself was now dead. ordininge and passed all remembrance, the Lord Pagett being one of the privy counsel with Queen Marie, of his own free will and godly motion for the honour of the realm, for reverence of truth & justice, thowghe in the fact himself culpable, and in a manner thereto by great authority forced, The forgery of this supposed will, disclosed before the ꝑlement by the. L. Pagett. did first of all men disclose the matter. first to the said counsel, and then before the whole parliament. Sire Edward Montegewe also the chief justice, that was privy and present at the said doings, did confess the same as well before the counsel, as before the parliament. Yea william Clarke ascribed among other pretenced witnesses, confessed the pmmisses to be true. And that himself put the stamp to the said will, and afterward purchased his charter of pardon for the said fact. Upon the which depositions well and advisedly weighed and pondered, Queen Marie with the advice of her counsel, to the honour of God and this realm, to the maintenance of truth and justice, and the righful succession of the crown, for the eschewenge of many fowl mischeyffes that might upon this forgery ensue, caused the record of the said forged will remaining in the chancery to be canceled defaced and abolished, A worthy deed for a Prince to cancel false records. as not worthy to remain among the true and sincere records of this noble realm. Which her noble fact deserveth immortality of eternal praise and fame: No less than the fact of the Romans that abolished the name and memory of the Tarquinians, for the fowl act of Sextus Tarqvinius in defilinge Lucretia: No less than the fact of the Ephesians, Cice. 3. off. who made a law, that the name of the wicked Erostratus should never be recorded in the books of any their historiographers. No less than the fact of the family of the Manlians at Rome, taking a sosolempne oath, that none among them should ever be called capitolinus, by cause M. Manlius Capitalinus had sowght to oppress his country with tyranny. Suëton. de viris illustr. And to come nearer home, no less than our forefathers deserved, which quite razed out of the years and times, the memory and name of the wicked Apostates Osricus and Eanfridus, ●ed. lib. 3. histor. ecc●ie. ca 1. numbringe their time under the reign of the good king Oswaldus. The adversaries therefore are much to be blamed, going about to stain and blot the memory of the said Queen and magistrates, as thowghe they had done this thing disorderly, and as thowghe there had been some special commodity therein to them whi●h is apparently false, for as the said abolition was nothing beneficial to other magistrates: So if it had been a true and an undowbted will, the said Queen would never have caused it to be canceled, aswell for her honour and conscience sake, as for private respect, seeing her own royal estate was by the same set forth and confirmed. Yet would they feign blemish & disgrace the testimony of the said lord Pagett, and Sir Edward Montigewe, they set against them eleven witnesses, thynckinge to match and overmatch them with the number. But hear it must be remembered, that thowghe they be eleven, yet they are to slender and weak for the weight and importance of the matter. l. Test. ff. de testib. l. Ob carmen ibid. It is again to be remembered that often times the law doth aswell weigh the credit, as number the persons of the witnesses, Alías (sayeth Calistratus) numerus, alías dignitas & authoritas, confirmat rei de qua agitur fidem. According to this saiet halso Arcadius. (confirmabit judex motum animi sui ex argumentis & testimonijs que rei aptiora & vero proximiora esse compererit, non enim ad multitudinem respicere oportet, sed ad sinceram testimoniorum fidem, & testimonia quibus potius lux veritatis assistit. It hath not lightly been hard or seen, that men of such state and vocation in so great & weighty a cause, would incur first the displeasure of God, them of their Prince, and of some other of the best sort if their depositions were untrue, and would purchase itself dishonour, slander, and infamy. Yea disclose their own shame to their own no manner of weigh hoped commodity, nor to the commodity of other their friends, or discommodity and hurt of their enemies. This sufficiently doth purge them, I will not say of their fact and fault, yet from all sinister suspicion for this their deposition and testimony: their deposition proceeding, as it plainly seam the from no affection, corruption or partiality, but from a zeal to the truth, and to the honour of the realm. And thowghe perchance if they had been thereof judicially convicted and condemned, No just cause to repel the testimony of the Lord Pagett and others. and had not by dew penance themselves reform, some exceptions might have been laid against them by any ꝑtieie judicially convicted for his better advantage. Yet as the case standeth now, there is no cause in the world to discredit their testimony: Yea and by the way of accusation also such persons as be otherwise dishablet, are in treason, and other public matters touching the state enhabled both to accuse and testify. l. famosi ff. ad l ●ul maresci. l. mulier. ff. de accusa. As for the eleven witnesses, the best of them, Sire johan Gates, we know by what means is departed out of this life. One other the said willim Clarke is so gone from them, that he giveth good cause to misdeame and mistrust the Whole matter. How many of the residue live I know not. To whom perchance some thing might be said if we on's know what themselves say. Which seeing it doth not by authentical record appear, bare names of dumb witnesses can in no wise hinder and deface so solemn a testimony, of the foresaid Lord Pagett and Sire Edward Mountagewe. Neither is the difficulty so great as the adversaries pretend, in proving negativam facti: Which as we grant it to be true, How a negative may be proved. when it standeth within the limits of a mere negative, so being restrained and referred to time and place, may be aswell proved as the affirmative. Glos. & doct. c. bonae de elec. It appeareth now then by the praemisses, that the adversaries arguments, whereby they would weaken and discreditte the testimony either of the witnesses, or of the executors, that have or may come in against the said pntensed will, are but of small force and strength. A suꝑficiall rhetoric of the adversary And especially their slender exaggeration by a superficial rhetoric enforced: whereby they would abuse the ignorance of the people, and make them believe, that there was no good and substantial proof brought forth against the forgery of this supposed will, because the untruth of the same was not preached at Paul's cross, and declared in all open places and assembles through the realm. When they know well ●●owghe that there was no necessity so to do. And that it was notoryouslie known by reason it was disclosed by the said Lord Pagett, as well to the counsel, as to the hire and lower house of the parliament. And the foresaid forged record in the chancery thereupon worthily defaced and abolished. The disclosing Whereof seeing it came forth by such, How & when the later testimony is to be accepted before the former. and in such sort and order as we have specified: As it doth nothing deface or blemish the testimony given against the said supposed will, whether it were of any of the witnesses, or executors: so is there no need at all, why any other witnesses besides those that have already impugned the same should be now farther producted. I deny not but, that if any such witness or executor had upon his oath, before a lawful judge deposed of his own certain notice and knowledge that the said will was signed with the kings own hand, In case he should afterward contrary and revoke this his solemn deposition, it ought not lightly to be discredited for any such contradiction afterward happening. But as I have said, such authentical and ordinary examinations and depositions we find not, nor yet hear of any such so passed. Now contrariwise if any of the said Witnesses or executors have or shall before a competent judge, especially not producted of any party, or against any party for any private suit commenced, but as I have said, moved of conscience only and of a zeal to truth, and to the honour of God and the realm, freely and voluntarily discover and detect such forgery (although perchance it towchethe themselves for some thing done or said of them to the contrary,) or being called by the said competent judge (have or shall declare and testify any thing against the same, this later testimony may be well credited by good reason and law. Where as now they would infer, that either this pretenced will was king Henry's will, or that he made none at all, I do not as I have said intend nor need not curiously to examine & discuss this thing, as a matter not apparteyninge to our principal purpose. And well it may be, that he made a will containing the whole tenor of this pretenced will (saving for the limitation of the crown) and that these supposed witnesses were present, either when he subscribed the same with his own hand, or when by his commandment the stamp (of the which and of his own hand●, the common sort of men make no difference, as in deed in diverse other cases there is no difference, which these witnesses might take to be as it were his own hand) was set to the will. This I say might after some sort so be, and yet this not with standing there might be (as there was in deed) an other will touching the pretenced limitation of the crown by the kings own hand counterfeited and suborned after his death falsely and colorablie, bearing the countenance of his own hand, and of the pretenced witnesses names. How so ever it be, it is but to small purpose, to go about any full and exquisite answer touching this point, seeing that neither the original surmised will, Whereof these witnesses are supposed to be privy is extant, nor their depositions any where appear, not yet that it appeareth that ever they were (as we have said) judicially examined. seeing now then, that it so falleth out that the principal will, and that that was by the great seal exemplified, and in the chancery recorded, had not at (least touching the clawse of the limitation and assignment of the crown) the kings hand to it: We need not, nor will not tarry about certain scrolls and copies of the said will, that the adversaries pretend to have been either written or signed with his hand. A kingdom is to heavy to be so easily carried away by such scrolls and copies. When all this faylethe, the adversaries have yet one shift left for the last cast: they urge the equity of the matter, & the mind of the parliament: Which is, they say, accomplished and satisffed by making this assignation, for the establishing of the succession, and providing that the realm should not be left void of a governor. And therefore we must not subvert the statute in cavilling for the defect of the kings hand. For as much as the parliament might have had authorized his consent only without any hand writing. Which as I do not deny, so in these great affairs and so ample a commission in such absolute authority given to him, it was providently and necessarily foreseen to bind the act to the kings own hand, for avoiding all sinister and evil dealing, the which the adusaries would haveus in no case to misdowte or mistrust of the fact, and the lamentable event of things do openly declare the same, and pitifully crieth out against it. Neither will we grant to them that the mind and purpose of the parliament is satisfied, Why the stamp cannot countervail the king's hand in this case. for such causes as we have and shall hereafter more largely declare. And if it were otherwise true, yet doth this only defect of the kings hand, breeke and infringe the whole act. For this is a statute correctory and derogatory to the common cowrse of the law, as cutting away the succession of the lawful and true inheritors. it is also as appeareth by the tenor of the same a most grievous penal law, and therefore we may not shift or alter the words of the law: Neither may we supply the manner and doing of the act aequivalente. So that albe it in some other thing, the stamp or the kings certain and known con●ente may counterpoise his hand: Yet as the case standeth here, it will not serve the turn, by reason there is a precise order and form prescribed and appointed. Wherefore if by a statute of a city, there be certain persons appointed to do a certain act, and the whole people do the same act in the presence of the said persons, joan. And. in adit. specul. tit. de requisitis consil. ad finem. the act by the judgement of learned civilians, is vicious and of no value: Yea thowghe the reason of the law cease, yet must the form be observed. For it is a rule and a maxime, that where the law appointethe and prescribethe a certain pla●t form, whereby the act must be bound and tied, L si fundus ff rebus eorum cap 1. de rebus eccl. in 6. in that case thowghe the reason of the law cease, yet is the act void and nowght. And where as the adversaries object against this rule the parliaments made by Queen Marie with out the usual style called and summoned, An answer to the adversaries touching acts of parliament, that they allege to prove that the kings own hand was not necessary to the supposed will. this objection may soon be answered. For it may soon appear to all them that read and peruse the said statute of An. 35. Henrici octavi, containing the said style, that by any especial words therein mentioned, it is not there limited and appointed, that the form of the style therein set forth should be observed in every writ. And therefore not to be compared unto the said statutes of 28 & 35. Henrici octavi. Wherein by special words one express form and order for the limittinge of the succession of the crown by the king is declared and set forth. Besides that the said writs being made both according to the ancient form of the registre, and also by express commandment of the Prince utterly refusing the said style could, neither be derogatory to the said queens Majesty and her crown, nor meaning of the said statute. Concerning the said style, and for a final and full answer unto this matter: It is to be noted, that the writs being the acts of the cowrte, thowghe they want the pnscripte form set forth either by the common law, or statute: Yet are not they, nor the judgements subsequent thereupon abated or void, but only abatable and voidable by exception of the party, 18. E. 3. fol. 30. by judgement of the cowrte. For if the ꝑtie without any exception do admit the form of the said writ, 3. H. 4. fo. 3. & 1●. and plead unto the matter, Whereupon the cowrte doth proceed, 11. H. 4. fol. 67. then doth the writ and the judgement thereupon following remain good and effectual in law. 9, H. 6. fol. 6. And therefore admitting that the said statute of 35. H. 8. had by special words, 19, H. 6. f. 7. & 10. appointed the said style to be put in every writ, 35 H. 6. fol. 12. & that for that cause the said writs of somons were vicious wanting their prescript form, 10, H. 6: fol. 26. yet when the parties unto the said writs had admitted them for good, 3, H. 6: fol. 8. both by their election and also by their appearance upon the same, the law doth admit the said writs and all acts subsequent upon the same to be good and effectual. 33, E. 3: 13. Vide prisott. 33 H. 6: fol. 35. And yet this make the no prouf, that therefore the said supposed will wanthinge the pnscript order and form should likewise be good and effectual in law. For as towchinge specialties, estates, and conveyances or any other external act to be done or made by any person, whose form and order is prescribed either by the common law or by statute, if they want any pa●te of their pnscripte form, they are accounted in law to be of no validity or effect. As for example, the law doth appoint every specialty or deed to be made either in the first person or in the third person. Therefore if part of a deed be made in the first person, 9 H. 6 fo. 35. 35 H. 6. fol. 34. ● O Ed. 3: fol. 2. and the residue in the third person, that deed is not effectual, but void in the law, besides that the law hath appointed, that in every deed mention should be made that the party hath putto his seal to the same. 40. E. 3. fo. 2. 21 E. 4. fol. 97. 7 H. 7. fo. 15. If therefore any deed doth want that special clause and mention, although the party in deed hath put his seal unto the same, yet is that deed or specialty void in law. So likewise the law giveth authority unto the Lord to distrain upon the land holden of him for his rents and services dew for the same, and farther doth appoint to carry or drive the same distress unto the pound, 9 E. 4: fo. 2. 22 E. 4. fo 47. there to remain as a gage in law for his said rents and services. If the Lord shall either distrain his tenant out of his Fee or signory, 29 H. 6. fol. 6. or if he shall labour & occupy the chattelles distrained, 29. li. Assiar. The distress so taken by him is injurious and wrongful in law. p. 64 For as much as he hath not done according to the prescribed order of the law. The statute made Anno 32. H. 8. giveth authority unto tenant in tail, and to others being seized of land in the right of their wives or churches, to make leases of the same. Wherein also a prescript order and form for the same is set forth: If any of the said persons shall make any lease, wherein he doth not observe the same prescribed order in all points, the same lease is not warented in any point by the said statute. Likewise the statute made in Anno 27. H. 8. of bargains and sales of land, appointethe a form and order for the same, 27. H. 8. cap. 10. that is, they must be by writing indented, sealed, and enroled within six months next after the dates of the same writings, If any bargain and sale of land be made wherein any of the things appointed by the said statute are omitted, the same is vicious and void in the law. So likewise the statute made in An. 32. H. 8. giveth authority to dispose lands and tenements by last will and restament in writing. 32. H. 8. cap. 1. If a man do demisse his land by his last will & restament nuncupative without writtinge, this demise is insufficient in law, and is not warranted by the said statute. We leave of a number of like cases that we might multiple in the proof of this matter: Wherein we have tarried the longer by cause the ad●saries make so great a countenance thereupon. And by cause all under one, it may serve for the answer also touching the kings royal assent to be given to parliaments by his letters patents signed with his hand: Which is nothing else but a declaration and affirmance of the common law. And no new authority given to him to do that he could not do before, or any form prescribed to bind him unto. Besides that in this case, there is no fear in the world of forging and counterfeytinge the kings hand. Where as in the testamentary cause it is fa●re other wise, as the world knoweth, and daily experience teacheth. And so with all do we conclude that by reason this surmised will was not signed with the kings hand, it can not any way hurt or hinder the just right and claim of the Queen of scotland, to the succession of the crown of England. Now supposing that neither the Lord Pagett, nor Sire Edward Mountegewe and willim Clarke had testified or published any thing to the infringing and overthrowing of the adversaries assertion, touching the signing of the said will. Yet is not thereby the Queen of Scotlandes' title altogether hindered. For she yet hath her just and lawful defence for the oppugninge of the said Assertion, aswell against the persons and saying of the witnesses, if any shall come forth, as otherwise she may justly require the said will to be brought forth to light, and especially the signing of the same with the kings hand, to be duly and considerately pondered, weighed, and conferred. She hath her just defence and exceptions, and must have. And it were against all laws, and the law of nature it self, to spoil her of the same. And all good reason geavethe, that the said original will standing upon the trial of the k●nges hand be exhibited, that it may be compared with his other certain and well known hand writing, and that other things may be done requisite in this behalf. But yet all this notwithstanding, let us now imagine and suppose, that the king himself (whose har●e and hand Were dowbtelesse far from any such doings) Let us yet I say admit, that he had signed the said Will with his own hand: Yet for all that, the adversaries perchance shall not find, no not in this case, that the queens just title right and interest doth any thing fail or quail. The supposed will can not prejudice the Q. of. Scots thowghe it had been signed with the Kings own hand. Or rather lest us without any perchance say, the justice and equity of her cause, and the invincible force of truth to be such, that neither the stamp nor the kings own hand can bear and beat it down. Which thing we speak not with out good probable and weighty reasons. Neither do we at this time mind to debate and discowrse, what power and authority, and how far the parliament hath it in this and like cases, Which perchance some other would here do. We will only intermeddle with other things, that reach not so far nor so high, and seam in this our present question worthy and necessary to be considered. And first before we enter into other matters, we ask this reasonable and necessary question. Whether these general words, whereby this large and ample authority is conveyed to king Henry must be as generally, and as amply taken, or be restrained by some manner of limitation, and restriction agreeable to such mind and purpose of the parliament, as must of very necessity or great lykelyhodde be construed to be the very mind and purpose of the said parliament. Ye will say perchance, that the power and authority of assignation must be taken generally and absolutely without exception, saving for the outward signing of the will. truth it is, there is nothing else expressed: But yet was there some thing else principally intended, and yet for all that, there must needs be some qualification and restraint of the general words of the statute. needed not to be specified. The owtewarde manner was so specially and precisely appointed and specified to avoid suspicious dealing, to avoid corruption and forgery: And yet was the will good and effectual without the kings hand: Yea and the assignation to had been good, had not that restraint of the kings hand, been added by the parliament. But for the qualification of the person to be limited and assigned, and so for the necessary restriction and limitation of the words, were they never so large and ample, there is, thowghe nothing were spoken thereof, an ordinary help and remedy otherwise. If the realm had been set over to a furious, or a made man, or to an idiot, or to some foreign, and Machometicall Prince (and to such a one our stories testify that king Iohn would have submitted himself and his realm) or to any other notorious incapable or unable person. Matheus parisiensis in joanne. The generalty of the words seam to bear it: But the good mind and purpose of the ꝑliament, and man's reason do in no wise bear it. If ye graunre that these words must needs have some good and honest construction and interpretation (as reason doth force you to grant it) Yet will I ask farther, whether as the king cut of in this pretenced will the whole noble race of the eldest sister, and the first issue of the youngest sister: So if he had cut of also all the offspring aswell of the said yongeste sister, as of the remnant of the royal blood, and placed some being not of the said blood, and perchance otherwise unable, this assignation had been good and valable in law, as conformable to reason, and to the mind and purpose of the parliament. It were surly to great an absurdity to grant it. There must be therefore in this matter some reasonable moderation and interpretation as well touching the persons comphended with in this assignation and their qualities, and for the persons also having right, and yet excluded: As for the manner of the doing of the act, and signing the will. For the king as king could not dispose the crown by his will And was in this behalf but an arbiter and comissioner. Wherefore his doings must be directed and ruled by the law, and according to the good mind and meaning of those that gave the authority. And what their mind was, it will appear well enough even in the statute it self. It was for the avoiding of all ambiguities, dowbtes, and divisions touching the succession. They put their whole trust upon the king, as one whom they thought most earnestly to mind the wealth of the realm, as one that would and could best and most prudently consider and weigh the matter of the succession, and provide for the same accordingly. If the doings of the king do not plainly and evidently tend to this end and scope, if a zealous mind to the common wealth, if prudence and wisdom did not rule and measure all these doings: but contrary wise partial affection & displeasure, if this arbitrement putter he not away all contentions and strifes, if the mind and purpose of the honourable parliament be not satisfied, if there be dishonourable devises & assignimentes of the crown in this will and testament, if there be a new succession unnaturally devised. Finally if this be not a testament and last will, such as Modestinus definethe: testamentum est justa voluntatis nostrae sententia, de co quod quis post mortem suam fiert velit. Then thowghe the kings hand were put to it, l. 1. ff. qui testamenta facere. The definition of a testament. the matter goeth not all together so well and so smooth. But yet there is good and great cause farther to consider and debate upon it. Whether it be so or no, let the indifferent, When they have well thowght upon it, judge accordingly. The adversaries themselves can not altogether deny, but that this testament is not correspondente to such expectation, as men worthily should have of it. Which thing they do plainly confess: for in urging their presumptions, whereof we have spoken, and minding to prove that this will, which they say is commonly called king Henry's will, was no new will devised in his sickness, but even the very same, Where of (as they say) were dyvers old copies. they infer these Words, saienge thus: For if it be a new will then devised, Who could think that either himself would, or any man durst have moved him, to put therein so many things contrary to his honour: much less durst they themselves devise any new succession, or move him to alter it otherwise then they found it, when they saw that naturally it could not be otherwise disposed. Wherein they say very truely: For it is certain that not only the common law of this realm, but nature it self telleth us, that the Queen of Scotland (if our gracious Sovereign should happen to die having no heirs of her dodie) is the next and right full heir of the crown. Wherefore the king, if he had excluded her, he had done an unnatural act. Ye will say he had some cause to do this, by reason she was a foreigner and borne out of the realm, yet this not with standing he did very unnaturally, Yea unadvisedly, inconsiderately and wrongfully, and to the great prejudice and danger of his own title to the crown of France, as we have already declared. And more over, it is well to be weighed, that reason and equity, and ius gentium doth require and crave: That as the kings of this realm would think themselves to be injuriously handled and openly wronged, if they marrienge with the heirs of Spain, scotland or any other country (where the succession of the crown devoluethe to the woman) were shut out and barred from their said right dew to them by the wives (as we have said) So likewise they ought to think of women of theirr Royal blood, that Marry in scotland: that they may well judge and take themselves much injured, unnaturally and wrongfully dealt with all, to be thrust from the succession of this crown, being thereto called by the next proximity of the Royal blood. And such devolution of other kingdoms to the crown of England, by foreign marriage, might by possibility oftimes have chanced, and was even now in this our time very like to have chanced for scotland, if the intended marriage with the Queen of Scots that now is, and the late king Edward the sixth with his longer life, and some issewe had taken place, But now that she is no such foreigner, as is not capable of the crown, we have at large already discussed, Yea I will now say farther, that supposing the parliament minded to exclude her and might rightfully so do, and that the king by virtue of this statute did exclude her in his supposed will: Yet is she not a plain foreigner, and incapable of the crown. For if the lawful heirs of the said Lady Frances, and of the Lady Elenour should happen to fail, which seam now to fail at the least in the Lady Katherine and her issue (for whose title to great stir hath lately been) by reason of a sentence definitive lately given against a pretenced matrimony of the said Lady with the Earl of Harforde, by my Lord of Canterbury and other commissionners, then is there no stay or stop either by the parliament, or by the said supposed will: But that she the said Queen of scotland and her heirs, may have and obtain their just title and claim. For by the said pretenced will it is limited, that for default of the lawful heirs of the said Ladies Frances and Elenour, that the crown shall remayme and come to the next rightful heirs. But if she shall be said to be a foreigner for the time, for the induction of farther argument: Then what say the ad●saries to my Lady Lennoux borne at Herbotell in England, and from thertene years of age browghtuppe also in England and commonly taken and reputed aswell of the king and nobility, as of other the lawful ne●e of the said king. Yea to turn now to the other sister of the king married to Charles Brandon Duke of Suff. and her children the Lady Frances, and the Lady Elenour. Why are they also disherited? Suerlie if there be no just cause, neither in the Lady Lennoux, nor in the other, it seameth the king hath made a plain donative of the crown. Which thing whether he could do, or whether it be conformable to the expectation of the parliament, or for the kings honour, or for the honour of the realm, I leave it to the further consideration of other. Now what causes should move the king to shut them out by his pretenced will, from the title of the crown, I mind not, nor need not (especially seeing I take no notice of any such will touching the limitation of the said crown) here to ꝓpsecute or examine. Yet am I not ignorant what impediments many do talk of, and some as well by printed as unprinted books do write of. Wherein I will not take upon me any asseveration, any resolution or judgement. This only will I propownde, as it were by the way of consideration duly and deaplye to be weighed and thowght upon: That is for as much as the benefit of this surmised will tendeth with the extrusion of the Queen of Scotland and others altogether to the issue of the French Queen, whether in case the king had no cause to be offended with his sisters the French queens children (as the adversaries themselves confess he had not) and that there was no lawful impediment in them to take the succession of the crown, it were any thing reasonable, or ever was once mente of the parliament, that the king without cause should disherit and exclude them from the title of the crown. On the other side if there were any such impediment (Whereof this surmised will giveth out a great suspicion) it is to be considered, whether it standeth with reason and justice, with the honour of the king, and the whole realm, or with the mind, purpose, and intent of the said ꝑliament, that the king should not only frustrate and exclude such, l. fi pater ff. quo in fraud. credit. l. filii famil. ff. de donat. whose right by the common law is most evident and notorious, but call and substitute such other, l. 1. C. quae respign. l. obligationem ff. de pignot. c. in general. de regul. juris in 6. as by the same law are plainly excluded. In consideration whereof many notable rules of the civil law do concur: first that whosover gevethe any man a general aucthotitie to do any thing, In giving general authority that seemeth not to be comprised that the ꝑ●ie would not have granted being specially demanded. seameth not to give him authority to do that thing which he would not have granted, if his mind therein had been severally and specially asked and required. Again general words either of the testators, or of such as make any contract, I. promittendo cum notat. ibid. ff de iure dotium. and specially of statutes touching any persons to do or enjoy any thing, ought to be restrained and referred to able, I. quidam ff. de verb. signific. meet, and capable persons only. It is further more a rule and a principle, I. ut gradat. §. 1. de muner. & honour. that statutes must be ruled measured and interpreted according to the mind and direction of the general and common law. General words must be referred to able persons. Wherefore the king in limiting the succession of the crown in this sort, I. 2. C●de Nopal. as is pretended, seameth not to answer and satisfy the expectation of the parliament, putting the case there were any such surmised impediment, as also on the other side likewise if there were no such supposed impediment. For here an other rule must be regarded, which is that in testaments, contracts, and namely in statutes, the generality of words must be gentilie and cyvilie moderated and measured by the common law, l. Fin § in computation C. de iur● de liber. & ●bi notat. and restrained, when so ever any man should by that generality take any damage and hurt undeservinglie. Yea the Statute shall rather in that case cease and quail, and be taken as void. As for example it appeareth by the civil law, Alciat. l. 1. verb. sig. that if it be enacted by Statute in some cities, that no man shall plead against an instrument, no not the executors: Yet this not withstanding, if the executor make a true and perfect inventory of the goods of the testator, if he deal feaithfullie and trew●ie, rather than he should wrongfully and with out cause pay the testators debt of his own, he may come and plead against the instrument. Wherefore the kings doings seam either much defective in the said Lady Frances and Lady Elenour, or much excessive in their children. And so thowghe he had signed the said will with his hand, yet the said doings seam not conformable to the mind and purpose of the parliament. We will now go forward and propownde other great and grave considerations, serving our said purpose and intent, whereof one is, that in limiting the crown unto the heirs of the body of the Lady Frances, the same Lady then, and so long after living, the said king did not appoint the succession of the crown according to the order and meaning of the honourable parliament: For as much as the said act of parliament gave to him authority to limit and appoint the crown to such person or persons in reversion or remainder, as should please his highness: meaning thereby some person certain, of whom the people might have certain knowledge and understanding after the death of king Henry the eight. Which persons certain the heirs of the Lady Frances could not by any means, be intended: For as much as the said Lady Frances was then living, and therefore could then have no heirs at all. By reason whereof the people of this realm could not have certain knowledge and perfect understanding of the succession, 11, H. 4: fol 72. according to the true meaning and intent of the said act of parliament. 19, H. 6: fol. 24. But to this matter some peradventure would seam to answer and say, 11, H. 6: fol. 15. that althowghe at the time of the said king Henry's death, the heirs of the body of the said Lady Frances begotten were uncertain: yet at such time as the said remainder should happen to fall, the said heirs might then certainly be known. In deed I will not deny, but that peradventure they might be then certainly known: but what great mischeiffes and inconveniences might have ensued and yet may, if the will take place upon that peradventure and uncertain limitation. I would wish all men well to note and consider. It is not to be doubted, but that it might have fortuned at such time as the remainder should happen to fall to the said heirs of the Lady Frances, the same Lady Frances should then be also living. Who I pray you then should have had the crown? Peradventure ye would say, the heirs of the body of the Lady Ele●●our, to whom the next remainder was appointed. Vndowbtedlie that were contrary unto the meaning of the said supposed will For so much as the remainder is there by limited unto the heirs of the body of the lady Elenour, only for default of issue of the said Lady Frances. Whereby it may be very plainly gathered upon the said supposed will, that the meaning thereof was not that the Children of the Lady Elenour should enjoy the crown before the Children of the Lady Frances. But what if the said Lady Elenour, had been then also living (which might have happened, for as much as both the said lady Frances, and Lady Elenour by common cowrse of nature might have lived longer, then until this day:) Who then should have had the crown? truely the right heir whom this supposed will mente to exclude, so long as there should remain any issue, either of the body, of the said Lady Frances, or of the body of the said Lady Elenour lawfully begotten. And therefore quite contrary to the meamninge of the said supposed will. Wherefore I do verily think, that it would hardly sink into any reasonnable man's head that had any experience of the great wisdom and advised doings of king Henrye the eight about other matters, being of nothing like weight, that he would so slenderly, so unadvisedly, and so unfeignedly dispose the succession of the crown (Where upon the whole estate of this Realm doth depend) in such wise, that they to whom he meant to give the same by his will, could not enjoy it by the law: Where upon ye may plainly see, not only the great unlikely hodde, that king Henry the eight would make any such will with such slender advice: But also that by the limitation of the said will, the succession of the crown is made more uncertain and dowbtefull, than it was before the making of the said Acts of parliament, which is contrary to the meaning and intent of the said Acts, and therefore with out any sufficient warrant in Law. But peradventure some here will say, that although these dangers and uncerteinties might have ensued upon the limitation of the said▪ will, yet for as much as they have not happened, neither be like to happen, they are therefore not to be spoken of. Yes verily it was not to be omitted. For although these things have not happened, and there fore the more tolerable: Yet for as much as they might have happened by the limitation of the said supposed will, contrary to the meaning of the said acts, the will can not by any means be said, to be made according to the meaning and intent of the makers of the said statutes. And therefore in that respect, the said will is insufficient in law. And to aggravate the matter farther, ye shall understand of great inconveniences and imminent dangers, which as yet are likely to ensue, if that supposed will should take place. It is not unknown, but that at the time of the making of the said will, the said Lady Frances had no issue male, but only three daughters between her, and Henry Duke of Suff. afterward in the time of our late Sovereign Lady Queen Marie, the said Duke of Suff was attainted, and suffered accordingly. After whose death the said Lady Frances to her greare dishonour and abasing of herself, took to her husband one Adrian Stocks, who was before her servant, a man of very mean estate and vocation, and had issue by him. Which issue (if it were a son, and be also yet living) by the words of the said supposed will is to inherit the crown of this Realm, before the daughters between her and the said late duke of Suff. begotten. Which thing was neither intended nor meant by the makers of the said Acts. Who can with any reason or common defence think, that all the states of the Realm assembled together at the said Parliament, did mean to give authority to King Henry the eight by his letters patents or last Will, to disherit the Queen of Scots liniallie descended of the blood Royal of this Realm, and to appoint the son of Adrian Stokes, than a mean serving man of the Duke of Suff. to be King and governor over this noble Realm of England? The inconvenience whereof, as also of the like that might have followed of the pretenced marriage of Maistre Keyes the late sergeant Porter, I refer to the grave considerations and judgements of the honnorable and worshipful of this Realm. Some peradventure will say, that king Henry the eight mente by his will to dispose the crown unto the heirs of the body of the said laid Frances by the said Duke lawfully begotten: And not unto the heirs by any other person to be begotten. Wiche meaning although it might very hardly be gathered upon the said supposed will, yet can not the same be with owte as great inconveniences as the other. For if the crown shall now remain unto the heirs of the body of the said Lady Frances, by the said Duke begotten: then should it remain unto two daughters jointelie, they both being termed and certainly accounted in law but one heir. And by that means the state and government of this Realm should be changed from the ancient Monarchy, unto the government of many. For the title of the Lady Frances being bywaye of remainder, which is counted in law a joint purchase, doth make all the issue female inheritable alike, and can not go according to the ancient law of a discente to the crown. Which is that the crown by discente must go to the eldest daughter only, as is afore said. For great differences be in law, where one cometh to any title by discente, and where as a purchasser. And also if the one of those issue female die, them were her heir in the title, as a several tenant in tail. And so there should follow, that so many daughters so many general governors, and so might their issue being heirs females make the government grow infinite, which thing was most far from the meaning of the makers of the said parliament. What if the said King had by his last will disposed this realm in to two or three parts, devidinge the government thereof to three persons, to rule as several kings? As for example, wales unto one, the north parts unto an other, the sooth parts unto the third, and by that means had miserably rent this realm in to parts. Had this been according to the intent and meaning of the said acts of parliament? or had it been a good and sufficient limitation in law? No verily, I think no man of any reasonable understanding will so say. And no more can he either say or think of the remainder limited unto the heirs of the body of the said Lady Frances, by the said supposed will. Now to complete and finish this our treatise touching the Queen of Scotlandes' title to the succession of the crown, as we have done, so let us freely and liberally grant the adversaries that which is not true: that is, that the said supposed will was signed with the kings own hand: Let the heirs of the Lady Frances come forth in gods name, & lay forth to the world their demand and supposed right, against the said Queen of Scotlandes' interest. The Queen on the other side, to fortify and strengthen her claim layeth forth to the open sight of all the world, her just title and interest signed and always a fore this time allowed, nor only as with the seals, but with the oaths also, of all the kings that ever were in England, taken at the time of their coronation for the continuance of the laws of this noble realm of England, Signed and allowed I say, almost of all the world beside: Yea signed with God and nature their own fingers. Her right is as open, and as clear, as the bright son. Now to darken and shadow this glorious light, What do the heirs of the said Lady Frances or others bring forth to ground their just claim and demand upon? When all is done, they are feign to run and catch hold upon king Henry the eights written will, signed with his own hand. Well let them take as good hand fast thereon, as they can: But yet let them show to the said Queen the said original will. It is well known, that they themselves have said, that, that to do they can not. Yet let them at least lay forth some authentical record of the same. It is also notorious they can not. If than the fowndation of their claim, being the will of such a Prince, and of so late and fresh memory made neither the original, nor yet any good and worthy record sufficiently authorised remain of the same: By what colour will they exclude the said Queen? They must claim either by ꝓximitie of blood, or by charter. For the fir●te, nature hath excluded them, charter they have none to show. They will perchance cry out and complain of the loss and imbecillinge of the same, and say that such a casualty should not destroy and extingwishe their right. This were some thing perchance, if it were in a private man's case: It were some what if their demand did not destroy the common law, and the law of nature also. It were somewhat if their supposed charter were perished, or by any fraudulent means intercepted by the said Queen, upon whom in this point it is not possible to fasten any the very least sinister suspicion. It were somewhat. if they did not aspire to take gain and lucre. Or if the Queen sowght not to avoid damage. For damage it is, when any person is spoiled of any right dew to him by law and reason. And there is a great odds in the consideration of the law and reason between avancinge our gain (and gain we do that, that doth grow and accrue unto us by mere gift or legacy, as doth the crown, Non est par ratio, lucra non capere, & damna sentire. l. fi C. codicinlle & l. proculus ff. de damno inflic. institut. de leg. si res. de leg. fin. C. to these competitoures and heirs of the Lady Frances) and eschewenge damage and loss. And loss the law accounteth to be, when we are defeated of our ancestors inheritance. So that both being put in the indifferent balance of reason, law, and conscience, the damage shall overweyghe the mere lucre and gain. Yea I will say more, that in case either the said Queen of scotland or any other were in possession of the crown having no right to the same, yet if the issewe of the Lady Frances had no farther nor better right, than these pretended writings, the defendant cleaving to the only possession, Were safe and sure, and were not bound to show to them their title. For it is a rule of the law, that if the plaintiff fail in his proof, l. qui accusare C. de edendo. §. commodum Inst. de interdict. the defendante shallbe discharged. Yea though he hath no better right, then bare and naked possession. Neither could they any thing be relived, thowghe the pretenced record of the chaun cerie were yet extant, not for such causes only as we have specified, but for diverse other. For it may well be doubted, though the said record might bear sufficient credit among the subjects of this Realm, Weather it may bear the same against one that is no subject. Again it is a rule, l. si quis in aliquo documento. C. de edendo. that the public instrument making mention of an other, doth nothing prove against the party in respect of any thing so mentioned, whiles the original it self be producted. If therefore these competitors have lost their instruments and evidences, where upon they must of necessity build their demand and claim to the exclusion of an other notorious right and title, they must bear the discommodity thereof that sought there by their lucrative advancement and commodity, not the person that demandeth nothing else but that to him lawfully and orderly is dew. Yea they and we to, have good cause to think that this thing (in case any such will were) is wonderfully wrowght by gods permission and providence. For it is almost incredible to hear and believe such kind of writings and in so great and weighty a matter as this pretenced will comprisethe, so soon extinguished and perished as it were for special purpose, to preserve to this noble realm, the true and sincere succession of the next royal blood, which if it should be certain, I can not tell what interlined papers and scrolls be derived and transferred to any other wrongful heirs. It willbe a wonderful and strange thing to the world to hear, and to importable to us and to our posterity to bear it. It will then be so far of, that that thing which the parliament moste regarded in this commission shall by this pretenced will be procured and purchased to this realm, as to have a certain known undowbted lawful governor & king, to have strife contentions and divisions for the crown cut away, that even the very thing the parliament most feared, is most infortunatlie and most lamentably like soneste to chance. He that remembrethe the tragical procedings of the last by name, and not by right king Richard, needeth not greatly to doubt, but that, as he could find in his heart to bastard his eldest brother, and lawful king, and to diffame his own natural mother as an harlot, even so now there will some be found that will easily be induced for the advancing and setting forth of their supposed right and title to the crown, to seek means to wring them out, that shall wrongfully sit in the royal throne, And to seek to extort the crown from their possession. Which unhappy day if it should on's chance (as God forre bid) then may we cry out and sing a woeful and doleful song: Then may we, not with out cause, look for the bottomless Ocean sea of infinite troubles, miseries and myscheiffes to o● whelm the realm, The which my mind and heart abhorreth to think upon, and my pen in my hand tremblethe to write thereof. ❧ The end of the second book. THE third BOOK, WHERE IN IS DECLARED that the regiment of whomen is conformable to the law of God and nature. ALBE it (good Reader) you have now heard a convenient and a sufficient prouf, so far as the laws of this realm may serve, for the right title & claim of the Queen of scotland and so we might right well seam to have fully discharged our promiss and office: Yet as the matter now falleth out, especially if we shall give any credit to an infamous libel, An infamous libel made lately against the Queen of Scots. or rather a fire brand of sedition late cast abroad, all our cost is for lost, all our travail employed in vain, we must begin a fresh, for all this not withstanding, her right is dowbtefull (sayeth this man) and such as against which is just exception taken by the law of God and man. It will never be proved by the law, no, not by her best friends: so will the crown never be given het by just and common counsel. I mean not the consent of unquiet spirits and brawling brains, but of a great number of them, which are to be accounted among the best, for the love of religion, and of the common wealth. surely these are jolly words: this is confidently spoken. But yet let us hear with all what proofs this sober brained man, and so fervent a zelatour of religion, and of the common wealth bringeth forth, for the avouchinge of his sturdy allegation. What law, what act of parliament, what custom or usage, what ancient record of history of this realm, doth this man lay forth for himself? surely none at all. And as he layeth forth not so much as one jote this way: so no doubt he shall never be able to lay forth any thing of like weight as that, that already is alleged. No, no, good Reader, this man goeth not by act of parliament, nor by any law of this realm, nor what soever he speaketh of man's law for a brave countenance, by civil or by any other human law. This extraordinary wily fellow runethe an other race, all these laws are but beggarly baggage to him, and arguments of brawling brains. This sober brained man will not abase himself, with intermeddling with so law matters, but aspirethe and amowntethe a loft, and fetchethe a marvelous high fetch and reach, and being as it were ghostly ravished, contemninge as it seemeth all human laws and polices he maketh, as it were a plain demur with us in law, that We have pleaded our matters all this while in a wrong court. For ●o, this matter by this sober man's judgement seemeth not triable either in the Arches, or consistorye of Pawles by the Civil or Camnon law: or in westimister hall by any law or act of ꝑliament. This plea must be only maintained with the records of holy scripture, The author of the same seameth little to regard touching the succession of the crown, any law but holy scripture. but of his own sober brains interpretation only, and holden before himself, and his new erected tribunal, furnished and adorned with such quiet and sober spirits, as himself is. The infallible verity, the high Majesty of the sacred scriptures, I do most heartily confess and most humbly reverence. But yet if ye will intrude yourself to be the supreme arbitror and umpire thereof, and thereby wretchedly will abuse yourself and others with the promulging from your new tribunal seat, such and so strange paradoxes and sentences, to the utter overthrowing of all human policies and laws, yea to the present and imminent danger of our own mistress and Queen (as ye do) we must be so bold to see what warrant and commission you have, and to examine & well to view the same, we must buckle with you and try, whether the authority of holy scripture, which is your only refuge, will uphold and bear out your strange and stout conclusion. The place then where upon he growndeth himself is this. He groundethe himself chiefly upon the: 17. of Deut. Thowe shalt make him king over thee, whō●he lord thy God shall choose from among thy brethren: him shalt thowe make a king among them. From this authority he fetchethe out all his high mystical & supernatural conclusions: and first he excludeth the Queen of Scotland by cause she is an Alien and not ex fratribus. And therefore not chosen of God. Whereunto he addeth that the King must be such, as the people may say to him, as the Israëlites said to king David. 2. Sam. 5. Ecce os tuum & caro tua nos sumus. We are of one nation and blood. There unto he adjoinethe, that it is assigned as one just cause, Why Athalia, was turned out of her kingdom by cause she was Alienigina, 2: Reg. 11. an alien: Maternum genus ducens a Tyrijs & Sidonijs. these now are all the proofs deduced by this man out of holy scripture, for other hath he none, why the Queen of Scots being a stranger ought to be disherited, and rejected from all such claim, as she pntendethe to the crown of England. An answer touching the 17. of Deut. Now for answer, and first to the 17. of Deuteronomie, wherein as I will not quarrel with you for the shrewd meaning that perchance some man may probably gather out of this treatise, and small liking that ye have to the government proceeding from succession only: so I plainly affirm, first that we are not bound to the ceremonial, or judicial, or other precepts of the jewish law (except the decalogue) farther than the church or civil policy have renewed and revived again. I say then farther, that this authority of the deuteronomy can not fittlye serve your purpose, for that it taketh place when the people chosethe a king, and not when there is a lawful and ordinary succession, As was even among the jews from king Davidis time, albe it he and king Saul before him came in by goods and the people's special election. Wherefore I do admit your principle to be well ground upon scripture, that the choice and election of Princes must be directed and measured by gods holy word, will, and pleasure. What then? I would fain know, by what logic, by what reason a man may thus conclude: We ought to choose no stranger to our prince, Ergo a stranger thowghe he be the just and next inheritor to the crown, must be displaced. The one dependeth of our own free will and election, Great difference between succession & election. which we may measure and rule, as we see good cause. The other hangeth only upon the disposition and providence of God. There we may pick out choice: Here we must take such as God sendeth. There consent beareth the stroke: Here proximity of blood beareth the sway. There we offer no injury to any party in accepting the one, and leaving tother: Here do we injury to God that doth send, and to the party that is by him sent. And to say the truth, it is but a maleparte controulement of gods own direction and providence. For in the former part we be the chosers, and must direct and govern our choice by reason and disctetion, by the merit and worthiness of the person: Here all the choice, all the voices are in gods hand only. As good right hath the infant in the swadlinge clouts, as hath any man called at his perfect age and wisdom. It is a true saienge. Christiani fimus. August. de merit. & remis. pec. contra Pel. l. 3. ●. 8. & 9 tom. 7. & in questi. ex novo 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, men are borne and no● made kings. Let this fellow therefore conclude as strongly as he can or will against the choosing of strangers: Yet if he bring forth no place out of scripture against the succession of a stranger claiming by proximity of blood Royal, as far as the man shotethe, he shotethe to short to hit the mark. But lord what an ill favoured short shoot will it be accounted, if she be found no stranger at all? It is very probable that in this place the scripture meaneth of a mere foreigner and stranger: such as were neither borne in jury, nor of the jewish blood. For with such aliens they were forbidden also to couple in marriage, by reason they were idolaters, and might thereby themselves be occasioned (as they were often times in deed) abandon and forsake their true and sincere religion. Such a stranger, I am well assured, this Lady is not to us if she be any stranger at all. The Scots and we be all christians and of one Island, of one tongue, & almost of one fashions and manners, customs an laws: So that we can not in any wise account them among such kind of strangers that this place of Moses' mentionethe, namely the Lady Marie the Queen of Scots, being not only in heart well affectioned and minded to all English men (as hath by many experiments been well known) But also by discente and Royal blood all English, which she taketh from the noble kings long before the conquest, and after the conquest, from the worthy Princes Henry the first, and Edward the third, and of late days, from the excellent Prince king Henrye the seaventhe, and his daughter Lady Margaret her grand mother. All which causes with some other in such number concurrante, The Queen of Scots no stranger. ought rather to enforce us to think, and to take her, as no stranger to us, then to estrange her from us, by the only place of her Nativity: Which is yet nevertheless within the four seas, and very nigh to England, by Osbrede bowndinge at sterling bridge. last of all touchinge the foresaid chapter of deuteronomy we affirm, that it is untrue that ye say, aswell that this law of government bindeth our kings to the having and following of this law, as we have said, unless to omit other things, ye would bind our kings also, to receive the deuteronomy, at the hands of the levitical tribe, as that ye say that God gave here a law to the jews, to make, or chose a king, and so consequently all your illations out of this place seam to be of small force. For to say the truth, as god neither gave them this, or any other law, for chosenge of a king, nor did ●idde, or will them to choose a king: so did the people most grevouselie offend God in demandinge a king. 3. Politic. For (thowghe by the judgement of Aristotle and other Philosophers) a Monarchy well and orderly used, is the best kind of all other regiments (which God doth also well like) yet would he have no such magistrate among the jews. But as he chose them for his proper, peculiar and select people, and ruled them aswell in the desert, as in judaea, by a several peculiar, and distinct order and government from other nations, and after such wonderful and miraculous sort, as the like was never hard of in any regiment beside: so would he also reserve to himself only, the said supremacy and monarchy. Neither was he a ●itle angry with the jews, nor they committed any small fault, but (as it were) renounced and rejected gods own monarchy in craving a king, as holy scripture plainly and openly signifieth. 1. Reg: c. 8. Non te (inquit) reiecerunt, sed me ne regnem super eos. And the people afterwards acknowledged their fault. Addidimus universis peccatis nostris malum, 1. Reg. 12. ut peteremus nobis regem. God therefore did not bid them, or will them to choose a king, but foreknowenge long before by his eternal foresight, what they would do, (though contrary to his blessed will and pleasure) did in this, as in other matters, bear with their weakness, and condescended unto the same. And foretold them in this said, 17. chapter, that in case they would needs have a king, of what kind and sort he should be. And therefore immediately before the words that ye recite (thou shalt make him a king over them) is this text, Cum ingressus fueris terram, quam dominus Deus dabit tibi, & possideris eam, habitaverísque in ill a & dixeris: Constituam super me regem sicut habent omnes per circuitum nationes, eum constitues. etc. And when thou shalt come into the land which the lord thy God geaveth thee, and shall possess it and dwell therein, if thowe say I will set a king over me, like as all the nations that are about me, than thou shalt make him king over the whom, etc. Which words making for the illustration of this place, ye have omitted. Wherefore, as this place servethe nothing, for any absolute election of a king, the which you seam especially to regard and ground yourself upon, so doth it (as we have showed, as little relieve you, to prove thereby your conclusions, especially against the ordinary succession, either of a stranger, or of a woman, that ye would gather and conclude, out of the same. Thus have we sufficiently answered the place of Deuteronomie for this one purpose. The other two authorities may be much more easily answered. The people mente nothing else by their said words spoken to David, An ansswere to the second of Samuel c. 5. but that they were of the seed of Abraham, Isaac, and jacob, as well as he, and intended with true and sincere hearts unfeignedly to agnyse him, as their chief lord and Sovereign. For at that time the tribe of juda only (whereof king David came by lineal discente) did acknowledge him as king. Now the residue which before held with saul's son, did also incorporate and unite themselves to the said kingdom. If this man look well upon the matter, he shall find I trow, that the Queen of Scots may aswell call her se●f the bones and flesh of the noble Princes of England, as this people call themselves the bones and flesh of king David. But yet the great terrible battering cannon Athalia is behind. She being in possession of the kingdom, seven years, was justly thrust out, by cause she was an alien: we may then, sayeth this man, justly deny the Queen of Scots before hand the right of that, which if she had in possession, she could not justly enjoy. Yet Sir, if the Queen of Scots be no alien, as we have said, then is your cannon shot more fearful than dangerous. We deny not, but that Athalia was lawfully deposed, but we beseech you to tell us your authors name, that doth assign the cause to be such, as ye allege. Suerlie for my part after diligent search, I find no such authors. Truth it is that josephus writeth as ye do, josep. jud. antiq. li. 9 c. 6. that she descended by the mother's side of the Tyrians and Sydonians, yet nevertheless he assignethe no such cause as ye do: And as ye are in this your pretty poisoned pamflett the first, I trow, of all christian men (I Will not except either latin or greek, unless it be some fantastical fond and new upstart Doctors, as Maistre Knox or some the like: neither jew, Chaldyan nor Arabian) that hath thus strangely glossed and deformed this place of the holy scripture, against the ordinary succeffion of women Princes, so are you first also, A new found and mad inter pretation, who is an alien made by the adversary. of all either divines or lawyers through out the world, that hath set forth this new found foolish law, that the kings child must be counted an Alien, whose father and mother are not of the same and one country. If the French or Spanish king chance to marry an English woman, or the king of England to marry a french, a Spanish, or any other country woman, their children by this new Lycurgus are Aliens, and so consequently in all other nations all such as have been shallbe aliens, by this your new oracle. For what other cause show you, that this Athalia was an alien, but by cause her mother was an alien Genus ducens, josep. li. 9 cap. 7. say you a Tyrijs & Sidonijs, coming by lineal discente, by the mother's side, from the Tyrians and Sydonians. King Achas married her mother, daughter to Ithoball king of the said Tyrians and Sydonians. This Athalia, whom josephus calleth Gotholia, Achas daughter married joram king of juda (her brother called also joram being king of Israel) after the decease of his father Achas. Athalia was no alien among the jews. So than ye see that this Athalia was no more an ali●n among the jews, than king Edbaldus was, the son of Bertha a French woman, and of king Ethelbertus, the first christian king of the English nation: No more than was the noble king Edward the third, borne of a French woman: No more than Queen Marie was: No more than should have been the issue of the said Queen Marie, or our gracious Sovereigns issue should be, in case she married with any foreign Prince. I perceive that your fellows, that would feign make king Shephen and king Henry the second, and Arthure nephew to king Richard the first, aliens, had but rude, dull and gross heads in comparison of your fine, subtle and high fetches. If I should now desire your patience, not withstanding the allegations of all your divinity, to be content a while, and touching this matter to hearken to the most excellent civilian Ulpian, thowghe he were an Ethnic, ye would perchance make little account of him, and be angry with me for producing a profane witness against you. And yet truely in this I offer neither to you, nor yet to gods holy word any injury in the world. For Christ his high and divine doctrine doth not subvert nor impugn human o● civil policy, being not repugnant to his express word & will. Let us then hear whom the said Ulpian maketh an Alien, Who is an alien by Ulpian. & whom he definethe to be an Alien. He is a Campane (sayeth this Ulpian) that is borne of father and mother, being Campanes: Yea if his father be a Campane, and his mother be a Puteolane, yet is the child a citizen or burgess of campany. And then he showeth farther, that in some countries, as among the Ilians, the Delphians, and them of Pontus, the child shallbe counted to be origiginallye of the mothers, and not of the father's country. His words in latin as he wrote them are these. 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 privilegio aliquo materna origo censeatur: tunc enim maternae originis erit municeps, utopte Iliensibus concessum est, ut qui matre Iliensi est, sit eorum municeps. Etiam Delphis hoc idem tributum & conseruatum est. Celsus etiam refert, ponticis ex beneficio Pompeij Magni compepetere, ut qui Pontica matre natus esset, Poticus esset. Which his saying is direct against you, for this your strange declaration of Alienigen● an alien. Well if neither the declaration of Ulpian, nor yet the practice of the world, most conformable also to reason, nor any thing else will satisfy you, unless it be derived and taken out of holy scripture: we are content to join issue with you, and to be tried by the same only. Matt. 1. & joshua: 6. Christ came liniallie of Booz, whom Salmon begatt of Raab (as the most common opinion of writers is) that betrayed Hierico to joshua. And may we now saulfly think that this Booz was a stranger, an Alien, and no jew? And so with all infringe, break, and pervert the genalogiae of Christ, and the continual succession of the jews Christ's ꝓgenitours? Ye know that as Athalias mother was a Tyrian or a Sidonian: so was Ruthe a Moabite. This Ruth married the foresaid Booz. I ask you now again, Whether Obed the son of the said Booz and Ruth, were aliens among the jews? If you say he was not, then must you needs confess the same of Athalia. If you say he was, than the holy scripture maketh evidently against you: David and Christ descend of Obed Ruthes son For of this Obed Christ came liniallye. And if you step forward as you lustily begin, a foot or two more, ye will, or as well ye may make king David also, to whom Obed was grand father, yea and Christ himself, not much better than aliens. And so hath Athalia at length spun a fair thread for you. We deny then that this Athalia was an alien among the Israëlites, 4: Reg. 11. and therefore she could not be barred from any inheritance dew unto the daughter, among the children of Israel. Why Athalia was deposed. Neither was she removed from the kingdom, as this sober man being best awaked dreamethe, by cause she was a stranger: but for that she most cruelly and unnaturally slayenge and murdering her own nephews the sons of her son king Othozias lately killed, of jehu by shameful means, usurped herself the crown, appertaining to her nephew loas, who by the providence of God, was (she being usurper of it) preserved from her butchery. And after seven years by the help of loada the high priest was anointed king, and she deposed, & worthily put to death. And this cause doth appear even in the very chapter and place, that this quiet and sober man doth so soberly against the brawling brains allege. As for the cause he himself proponethe: we will not stick with him to give him a longer day, to fetch out and show us his records, & his authors at his good leisure, Well this string will not serve his bow. We will therefore listen again to him and consider how well he harpethe upon the next string: Which surly doth give as ill favoured a jarring, and as untunable a noise as the first, or rather more untunable. Wherein our good quiet brother doth so strain and wrest this word (ex fratribus) among the brethren: that he wresteth away not only the right and interest the Queen of Scots pretendethe to the succession of the crown: But doth wrest with all the crown from all Prince's necks that have been, are, or shallbe women: And of all such as have, do, or shall claim their inheritance, An unbrotherlye and fond straining of these words ex fratribus. by the title and interest of their motheres. which camn have no better title, than their progenitors from whom they claim. For among his new notable notes that he noteh out of this seavententhe chapter of deuteronomy, for the choosing of a king, we may note (sayeth he) the sex by the masculine gender used in this word ex fratribus, for under the other sex Ataxia most commonly creapethe into the stock and country. He sayeth also afterward, This politic law that God did give the jews, is ground upon the law of nature, and is also as everlasting as nature it self is, and is of all natural men to be observed. It is (sayeth he) of nature that the prescribed sex should govern the other: He meaneth women should be governed. Then he knitteth up the conclusion of his new pestiferous policy: which I conclude, that gods law, nature and good reason do reject the Queen of Scots and deny her that kingdom, which she would so feign possess. Who would ever have thowght that such a quiet sober brain, out of this one word fratribus, could have found in his heart so unbrotherlye, yea so unchristianlye, and so fondly with all, to extort such an interpretation, as is able (If it were received) to disturb, infringe, and break the quiet and lawful possession and inheritance of a great part of the Princes of the world, and especially of his own and our gracious and Sovereign, good Lady and Queen. Yea and as fondly and unnaturally to frame of himself a new law of nature also: And so most wretchedlye to corrupt, deprave, and maim both the law of God and nature. Yet by cause this man giveth owte his matters as it were compendious oracles, An answer to the adversary touching the law of nature which he wresteth against women's government. and lest some might think, that such a sober man hath some good and substantial ground in this his saying: seeing he is so bold with his own glosses upon the holy scriptures: I will be as bold upon him a little, to siste & examine the weight and verity of them. And first touching the law of nature, which he maketh as a pick axe to undermine the state of so many Princes, & of his own Sovereign with all: We might here enlarge many things how and in what sort the law of nature may be taken: l. 1. ff. de iustir. & iure. L. veluti l. ex ho l. onnis eod. Est●em̄ haec non scripta sed natalex: quam non didicimus, accepimus, legimus, verùm ex natura arripuimus, have simus, expressimus, ad quam non docti sed facti, non instituti, sed imbuti sumus: ut si vita nostra in aliquas insidias si in vim, in tela aut lattonum aut inimicorunincidis set, omnis honesta ratio esset expediendae; salutis. but we will be therein compendious and short. The law of nature commonly is proper and apꝑteininge aswell to other living things as to man. As Ulpian the notable lawyer writeth. There is an other law, that is called Ius gentium, the law of all nations, And it is called also the law of all nature, by cause the discourse of natural reason forcethe all nations to obey and keep this law, as to honour God, to obey our parents & magistrates, to keep and maintain our bargains & promises in bienge and selling, & in other contracts, to defend ourselves from violence & injury, with a number of such other. I suppose the adversary meaneth not of the first kind, but of the second: Whereof he must needs mean, if he mean to speak any thing to the purpose. I say then that this is a false, & an unnatural assertion, to make this surmised law everlasting as nature itself is. The law of nature or Ius gentium, is and ever Was after the time that there Were any nations or people, & ever shallbe. This conterfeate lave of nature neither is, nor ever was, nor as far as reason may reach to, ever shallbe. It shallbe enough for us to o●throwe & cast underfoot this counterfeit law: to show and prove that women have from time to Cicero pr● Milone. time borne princely regiment in the most notable parts in the world, The practice of woman's regiment in Asia, Aphrica, and Europa. and in the best and most famous common wealths that ever have been. For the knowledge whereof, Solinus in collect. I refer the Reader to ancient histories, being the noble registers of antiquity, Plinius lib. 6. cap. 10. which do plainly testify the same to have been often practised in Asia, Strab: geograph. lib. 14. afric, Arian. lib. 8 gest. Alex. Ma. justinus lib. 1. Herod. lib. 1. Strabo. lib. 16. Geogra. li. 16. josep. lib. 20. cap. 2. Antiq. ca 20. Euseb. lib. 2. ca 12. Ruff. eccle. hist. l. 2. c. 6. Clem. Alex and lib. 1. and Europe. Concerning Asia, Queen Artemesia. I find that Artemesia who builded the Sepulchre of her husband Mausolus' one of the notable spectacles & wonders of the world, Queen Ada. and her sister Ada with others reigned in Caria. This Ada being thrust out was restored by Alexander the great. Woman's regiment in Pandea a country of India. The country also of Pandea in India was governed by women. The government of the Queen Semiramis & Nicocris in the empire of Babylon. Queen Semiranus and Nicocris. Of Queen Thomyris among the Masagites, Stromat. 1. justinus li. 1. is to their great praise and commendation in ancient monuments recorded. Queen Thomeris. josephus maketh mention of Helena Helena. the Queen of the Adiabens. Mammia. Eusebius, of Mammia the Queen of Sarazens. Woman's reg●mente in Media Queen Atossa. Atossa was governess of the Persians, a most excellent woman also for learning. It may also appear by the story that justine writeth of Astyages the king of the Medians, that in Media the woman supplied the lack and want of male children in the princely government. Tacitus li. 2. statum a principio. There is mention made also of Erato whom the Parthians did chose to be their Queen. Queen Erato. We will now make up our conclusion for Asia with Claudianus verse. Claudianus li. 1. in Eutropium. Maedis levibúsque Sabaeis Imperat hic sexus reginarúmque sub armis Strab. lib. 12. & 17. Barbariae pars magna jacet. just. li. 18. OWte of the which we have purposely left judaea, Diado. Sie lib 1. ca 2. & 4, 19 reserving it a principal help, for the utter overthrowing of this man's fantastical interpretation of the foresaid word fratribus. Woman's regiment in afric. In the stories and monuments touching afric, we read of Queen Dido at Catharge, Queen Dido. Cleopatra in Egypt, & of divers other Queens there. The first king of Egypt was Osiris, Queen Cl●opatra. who in his absence committed the whole regiment to his wife Isis. Quem. Isis. In Aethiopia where reignethe a mighty Prince a christian man▪ Damianu● a Goes demoribus & fide Aethioph. and one that hath many kings subjecteth to him, not many years sithence in the nonage of king David, his grand mother the Que. did moste politicly wisely and godly rule these realms. And it appeareth in the old stories that in Christ's time and before, Beda▪ c. 8 in Act. Apost. Euseb. l. 2. eccl. histo. cap. 1. that country had no other princes than women, which were called all Candaces such a one reigned there about the time of Christ's passion, whose chief servant was converted to Christ's faith by saint Phillippe. Plinius l. 6. cap 29. By whose means the Queen also upon his return, Strab. l. 17 Act. Apo. cap. 8. became with her subjects a Christian woman: And that is thought to be the first country, Doretheus de vita & obitu prophet. & A. Hier. c. 52. that publicly embraced the faith of Christ. And there upon the saying of the Prophet David seameth to be verified, saying Aethiopia preveniet manus * Aethiopia the first christened among other contreyes, but Britaniae the first among the Provinces of Rome. eius Deo. isaiah. Hil. in psa: 67. And yet that not with standing hour worthy Brytanie among all the Princes that were of the Roman empire, Euseb: l. 2. cap. 1. hath thereof the noble prerogative. Women were the chief magistrates among the Tenesians and Sebrites. Sabellicus. Srabo. lib. 16. In the time of king Solomon, † Woman's regiment in Aethiopia the Queen of Saba. the noble woman, that came from the utter most part of the earth to hear the wisdom * 3. Regum 10. & 2. Par. 9 Matth. 12. & Luc 11. of the said Solomon, whom the old testament calleth the Queen of Saba: the new testament the Queen of the sooth: was a Queen, and as josephus writeth the Queen of Aethiopia and Egypt, josep. Antiq. judai. lib. 8. ca 2. countries of such greatness and largeness, as no one Prince throwgh out all our Empire, hath so ample dominion with in the same. parchance her dominion did stretch to Cephala, which drawethe well toward the farthest part of Aphrica. Which interpretation seameth not far a square from the words of the holy scripture, from thence, as the Annals of the said country record, Salomans' ships every third year brought marvelous plenty of gold and silver: Salomans' ships fetched gold from Cephala. other suppose that the said navy went to the late found lands of the west India, especially to the Island now called Spaniola. I find in the said afric one strange and found kind of people called Buaoi, Stobeus sermo. 42 ex Nicolao de moribus gentium. where men governed men only and women governed women only. And yet were not they so hard masters to women, as ye are, nor thowghte women's regiment (as ye do) to be against nature. And to finish this second part, it seemeth by Lucan that in these quarters of the world, it was no new or strange thing to see a woman a Princee, as appeareth by these words of Queen Cleopatra. Non urbeis prima tenebo Foemina Niliacas: Luc. li. 10, justin. l. 14 & 20. nullo discrimine sexus Reginam scit far Pharos. AS for Europe, Woman's regiment in Europa. Queen Olympias in Epire. as it is better known to us, so therein have we with all greater store of examples of this kind of government. In Epire, it appeareth by Olympias daughter to Pyr●hus: In Macedonia where a woman called also Olympias succeeded after the death of Alexander the great: Olympias in Macedonia Iren●. Yea and in the great and famous empire of Constantinople, where Irene, Theodora, Theodora Zoë Zono. tom 3. Annal. P●inius: l 34 cap. 6. an other Theodora, and Eudocia Eudocia. were the chief and high magistrates. The said second and last Theodora answered the Ambassadors herself, and iudiciallye in her own person gave sentence, as well in public as in private causes. Women's regiment in Spain Portugal▪ Burgundy and Flaunders Irmelgardis daughter of Conrade Duke of Francon. Whose government was also prosperous happy and fortunate. More over it appeareth that the Illyrians and slavons were ruled by Queen Teuca, what shall I speak of Spain and Portugal, of the Dukedom of Burgundye and of the earldom of Flaunders, and of other parts of lower Germany? Conrade the Duke of Franconye and Lanrgrave of Hesse was made county Palatine of Rhine and Duke of Lorramne, by the inheritance of his wife Irmelgardis. Monster Cos●. universal li. 3. pag. 620. He had but one daughter, who was married to Conrade duke of Suevia, whereby he was made comtye Palatine of Rhine. Agnes wife to Henry duke of Saxony This Conrade had a daw●hter called Agnes married to Henry Duke of Saxony and Lim●burge, who thereby enjoyed the county Palatine. The like may be said of divers other parts of the Germanicall Empire. Agenes wife to Henry the 3. Emperor. Yea a woman hath ruled and governed the said whole Empire, as it is evident in Agnes the wife of the Emperor Henry the third, during the time of the minority of her son Henry the fowrthe. And yet the same Empire, Paul Aemil lib. 3. ye wot well passeth by choice and election, and not by lineal succession of blood. Chari. li. 3. Yea many hundreth years ere she was borne, and in the floreshinge time of the old Roman Empire, Fulgo. l. 8. cap 16. de dict. & fac. memor. Mesa Varia grandmother to the emperors Heliogabalus and Alexander Severus, sat with the senate at Rome, heard and examined the weighty causes of the Empire, Crana noah daughter. and set her hand also to such things as passed touching the public affairs. I do now adjoin the kingdom of Sicily, Beros. li. 5. L●u●: lib. 1. Dec. 1. and Naples in italy of the which I talye, Noah (whom the profane writers call janus) made Crana his daughter ruler and Queen. Aene. Sylui: de Asia, ca 20. Where also Lavinia reigned after the death of Aeneas. And as for Naples, this president of womanlye government, is not to be found there only of later years in both the Queens called johann, Queen of Naples Amalacintha. but even from very Ancient time. Which thing the stories do record in Amalasyntha that governed after king Theodoricus with her son Athalaricus. Cronic. Palmerij & H. contracti. Munst. Cosmo. lib 4. The said Amalasyntha was mother to Almaricus king of Spain and after his death ruled herself the said realm. women's regiment in Lorraine and Mantua. Let us now add further the Dukedoms of Lorane & Mantua, the kingdoms of Swethia, Aeneas silvius in desc. Asi●: c. 10. Hector. Boet: l. 1. H● Sco. Vide la Geneal. des Rois de Franc. impr. Paris. 1561 in Carolo Magno. of Dania, and of Noruegia. In the kingdom of Swethia Dania and Norwegia Boeame Hungary and scotland. Whereof Margarett the daughter of waldema●us was governess and Queen. The kingdoms of Beam & of Hungary. And to draw nearer home, the realm also of Scotland, which realm hath denomination of a woman, as their stories report, as hath likewise Flaunders. The like some of our stories report of England, wherein I will make no fast foringe. Now touching the feminine succession to the right of the crown of England, England it is no new found succession: and much less unnatural. We read in our chronicles of Queen Cordell, the third heir & daughter of king Leire the tenth king of Britanny, that restored her father to the kingdom, being deposed by her two other sisters. We read that about three hundred fifty and five years, before the Nativity of Christ, Martia ꝓba Martiae proba: during the nonage of her son, did govern this realm full politikelye and wise●ye: Helena mother to Constantine the great. and established certain laws called Leges Martianae. There be aswell of our own, as of external historiographers, that for a most certainty affirm, that Helena the noble Constantine his mother was a Britain, Onuph. de Rom. princ. Eus●bi. de vita Constan. l●. 1. and the only daughter and heir of Coëlus king of Britain, and that the said constantine was borne in Brittany. surely that his father Constantinus died in Britanye at york, Eutropius. and that the said Constantinus began his noble victorious race of his most worthy Empire in Britanye, it is reported by Ancient writers, and of great faith and credit. And likewise that long before the said Helen's time, women bore the greatest sway. Britanes had women for their Captains in warfare. Voadic●. Among other Co●n●lius Tacitus writeth thus. His atque alijs invicem instructi Voadica generis regij foemina duce (neque enim sexum in imperijs discernunt) sumpsere universi bellum. In vita Agricolae. We have now already showed of Henry the second, Henry the second● king by his mother's right. who obtained the crown by his mother's right. Which said king by the title of his wife, and after him his successors kings of England, did enjoy the Dukedom of Aquitania, and the Erldone of Poyctieres, Vide Alliant geneal. claud. paradini 1561. as the said kings successors should have done also (as we have showed before) the Dukedom of Britanye, if Arthure king Richard's nephew had not by the usurping of king johan, & his unnatural cruelty, died withowte issue. And by what other right then by the woman's inheritance dew to king Edward the third by his mother the French kings daughter, do the kings of this realm bear the Arms and title of the kings of France? The French men make not women's regiment unnatural. And thowghe the french men th●n●ke their part the better against us, it is not but upon an old politic law of their own (as they say) and not upon any such fond ground as ye pretend, that women's regiment is unnatural. Which regiment, ye stowtelie affirm to be far a sunder from any natural regiment. Yea truely as far, as was the boy's head from the shoulders the last Bartholomewe fair at London, Which many a poor soul did beleave to be true. For as the boy's head remained still upon his neck and shoulders, thowghe it seamed by a light lively Legerdemain to be a great way from the body: So would ye now cast a mist before our eyes and make us beleave, that womanly government and nature, be so divided and sundered, that they may in no w●se be linked and coupled together. But surly the French nation was never so unwise, to think this kind of government repugnant to nature, or to gods h●lie word: for than they would never have suffered their realm to have been so often governed and ruled by women in the time of the Nonage or absence of their kings, as by Adela the mother of king Philippus, and by Blaunche the mother of Saint jews, Adela King Philip's mother and Blaunche the mother, of S. lews. and by the wife of the late king Frances taken prisoner at Pavia, and by diverse other. Neither should the said Ad●la, and Blaunche have been so commended for their said noble and worthy rule and government. The said frenchmen, See the preface of the said Alliances. thowghe by policy they have provided to exclude strangers from the inheritance of the crown: The French men hold great principalities by the women's right. Yet they themselves hold at this day by the woman's title & interest the Dukedom of Brittany with divers other goodly possessions. And we have showed before how lews the Dolphin of France made part title to the crown of this realm, in the title of his wife. The conclusion against the Adversary: touching the law of nature. Thus I have, as I suppose, sufficiently proved, that this kind of regiment is not against nature, by the ancient and continual practice of Asia, Aphrica, & Europa. For the parfitinge of the which last part of Europa, and of the whole three parts, I end with the notable Poëte virgilles verses. Filius huic fato diuûm prolésque virilis Nulla fuit, Virg. li. 7. primáque●riens erepta iwenta est. Sola domum, & tantas seruabat filia sedes. WE knit up therefore our conclusion against you after this sort: That law and usage can not be cownted against the law of nature, or ius gentium, which the most part of all contreies', and one great or notable part of the whole world doth and hath ever used, But this law or usage is such, Ergo it is not against the law of nature. The mayor neadethe no proof: as for the proof of the minor, we need to employ no farther labour, than we have already done. Whereupon the consequent● must needs be inferred, that this law or usage doth well agree and stand with the law of nature. The reason thereof is, that it is most natural, the daughter to inherit her father's patrimony, Where unto if there be a dignity annexed, both are so united and knit together, that they can in no wise be unlinked. Marry, if you had driven your argument of the duty & obedience that the wife oweth to her husband, and had argued, it is the law of nature, that the wife should be ruled and governed by her husband, Ergo it is against nature, that the wife should be head to her husband in respect that she is his wife: then had you argued conformably to reason, scripture, and nature. But if you will thereof infer, Ergo she can in no wise be head to her husband: The wife in some case may be head to her husband. then play you the Sophister, making a fallible & vicious argument: and making a confuse mingling of those things, that be of sundry and divers natures. The child must obey his Schoolmaster and parents, & may justly of them be chastened, thowghe he be a Prince: Yet this not withstanding, the said child may use his authority by his magistrates against his schoolmaster: Yea and if the case so require, against his parents to. As did Edward the confessor, and king Edward the third, against their mothers, even so the case farethe with the husband and the wife. The wife may with ow●e any impairing or maiming of her dew●ie to God, or to her wedlock, repress her husbands misdemeanure, if it be noifull to the common wealth: And yet is she not thereby exempted from such duty, as the matrimonial conjunction cravethe of the wife toward her husband. Ye frame an other argument of inconveniences, as thowghe under the woman's regiment, Ataxia, that is to say disorder most commonly creapethe in. I will not deny, but sometime it is so, but that most commonly it is so, that I deny. Let both the regiments be compared and matched together, and weighed by an indifferent balance, and I am deceived, but the inconveniences of the man's regiment for the rat●▪ will overpaise the other. And it is full unmeet unseamelye and dangerous matter, Prince's right mate not be ruled by blind guesses. to rule Prices right and titles by such blind guesses. Well you will yet say, ye have scripture on your side. Ye say the jews were commanded to take no king but ex fratribus, a brother. Ergo we can have no sister to our Queen. To this objection also my two former answers may sufficiently serve. First you must prove, that all Christian Princes are obliged and subjecteth to this part of Moses' law, and that shall ye never be able to do, which thing ye saw well enough, and therefore ye were feign to underprop and uphold this your ruinous and weak building, with the strong force, of the law of nature. But this force, as you have heard, is but the force of a bull reshe. Hour second answer also will soon infringe & break this your conclision, which respectethe only the free and voluntary election and choice of a king. But we speak of birth & succession, wherein we have none interest: but God, who is the only judge and umpire, and hath by his divine providence made to our hand his choice already, which if we would undo and reverse, we might seam to be very saucy and malapert with him. But we will remove and relinquishe all these helps, What absurdity followeth by straining this wo●de ex fratribus. and see what and how fa●re this authority forcethe by the very words. Frater is the masculine gender (ye say) and therefore women are to be removed Then by this rule women also must be excluded from their salvation, by cause scripture sayeth: He that shall believe and be baptised shallbe saved. Marci ultꝰ Ps. 1. & 40. Holy scripture abowndethe of like places: Matth. 5. As, Beatus vir qui non abijt in consilio impiorum: L●uc●us. §. quaesitum if. de lege Tert. & ibi Bart. etc. Beatus qui intelligit: etc. And by this rule women are excluded, from the eight beatitudes, But we will not shift your own word, Brother. We say therefore that this word must not be taken so straightly, Gene. 13. & narrowly as ye take it: for first not only in scripture, Apollon. Rhodius li. Argon. 8. le. 1. ff. de verborum signif. but in old ancient profane authors, it comprehendethe the brother's child: Yea and sometime in civil law cozen germans, coming of two brethren. Le. tres fres. ff. de pactis & l. lucius ff. famil. herciscund. Abraham called Loath his brother, Medea also calleth her sister Chalciopes' sons, her brethren speaking to her sister in this sort. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 levit. 19 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. Again as in the civil law the masculine gender comprehendethe the feminine: Deut. 29. so doth it in your word brother. Zachar, 7. Modestinus writeth thus: Matth. 18. Tres fratres, 2. Thess. 3. Titius, Menius & Seia. 1. loan 2. Paulus also Lucius & Titia fratres. Quesitum est Turrian quod heredes fratribus rogati essent restitute etiam ad sorores pettineret, respondit pertinere, nisi aliud sensisse testatorem probetur, dicta leg. lucius §. quaesitum leg. Tert. Scevola sayeth. the bequests made by the testator fratribus, to his brethren, shallbe beneficial to his sisters also, unless it may be proved, that the testatourment otherwise. Now when the holy scripture sayeth, thowe shalt not hate thy brother. Thowe shalt not lend upon usury to thy brother, Let every man use his brother mercifully, if thy brother trespass against thee forgive him, with draw yourselves from every brother walking disorderly, He that hateth his brother is in Darkness, with a number of like suit: Shall we infer there upon that we may hate our sister, that we may oppress our sister with usury, that we may use our sister as unmercifullye as we will, with out any remorse of conscience, and are not bound to forgive her, nor to eschew her company being excommunicated, or a notorious offender? Neither this word brother excludethe a sister, nor this word King a Queen, by any scripture. Wherefore neither this word brother excludethe a sister, nor this word king in scripture excludethe a Queen: In the greek tongue one word representethe both br●ther and sister, saving that there is a difference of gender, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 after the same rate the words king and Queen are knit up in both one, ansvell in the greek 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, as in the hebrewe Melech and Malcha, & in the French Roy & Royne, and from this the latin tongue Rex & Regina, doth not far disagree. seeing then by interpretatation this word brother, conteinethe the word sister also in scripture, and the word king by property of one and th● same voice and signification, expresseth the Queen both in scripture & in other tongues: why should we not aswell communicate to women the dignity appertaining to the name, and resembled by the same, as the name it self? For even in this our own country, albe it the names of the king and of the Queen do utterly vary one from the other, and also the ancient statutes of the realm, do not only attribute and refer all prerogative and pre-eminence, power and jurisdiction, unto the name of a king, but do give also, assign, and appoint, the correction and punishment of all offenders, against the realm & dignity of the crown and the laws of the realm, unto the king: Yet are all manner of the foresaid jurisdictions and other praerogatives, and ought to be, as fully as wholly and as absolute lie in the Prince female, as in the male, Anno Marie. 1. ca 2. and so was it ever deamed judged and accepted, before the statute made for the farther declaration in that point. The like we say of both the foresaid words Brother, and Rex used in this place of scripture, whereof if there do yet remain any scruple or doubt to any man, for the avoiding and clear extinguissinge of the same, we will refer the Reader to the noble civilian Paulus, l. fin. ff. de legibus. & to the rule before by us touched. Si de interpretatione legis quaeratur, The l●vës never interpreted this word after the sorteas the adversary doth. in primis inspiciendum est quo iure ciu●●as re●ro in eiusmodi c●sibus usa fuit, optima enim legum interpres consuetudo. It is for us then to consider whether in judaea and Jerusalem, women have at any time been the chief rulers and governesses: And whether the jews ever interpreted this place, after the meaning and sense of this man? Vide dictas, Alliance Cl. paradini. Suerlie at such time as christian men bare rule at Jerusalem, we know well there was no such interpretation. For among other Fulke the comte of anjou, Fulke & other Kings of Jerusalem by their wives right. Salon. Herodes sister a governess in judea. who left his said county to Geffrey his son, father to Henry the second by the Empress Maude, and went to Jerusalem to king Baldewin the second, and there married Meli●ende his daughter and heir, was afterwards by his wives title king of Jerusalem. Salome Herodes sister was made governess by Augustus Caesar, of jamnia, Azotum, Phasalidea and Ascolania, joseph. lib. Ant. judic. 17. c. 13: which thing is a good prouf that the Romans thought it not unnatural (as ye think) for a woman to enjoy; civil government. The wives of joannes Aristobulus and Alex. governed the leves. I might here add the wives of johannes, of Aristobulus, and of Alexander, who governed and ruled the said jews after the death of their husbands with such other, which stories thowghe they be not in scripture, joseph. li. 1●. c. 19 20 Egesip. de excid: yet are they authentical and of good credit. And yet are we not altogether unfurnished of a scripturelie example, but rather we are so furnished, that God, Hier. lib. 1. cap. 12. as long before foreseeing that there should come such unnatural cavilling quarrelers, against his creature and providence, and against their own natural Princes, hath as it were all at on's met with them, and answered to all such calumnious cavilling of yours and such other, as ye shall by and by understand. A woman pardie, A woman the Image of God, as well as man. if we believe you, must not keep the state and honour of a Prince and Queen, and why so I pray your? Was not she created to the Image of God as well as man? And doth nor she represent the majesty of God? Did not God bless them both? Gen. 1. & 3. Did not God bid them rule over the fish of the sea, & over the soul of heaven, and over every beast that moveth upon the earth? But what thing mean ye by the Image of god? Ephe. 4. Mean you as saint Paul seemeth to mean? That man was created in righteousness and true holiness? This is true also in the woman. Some think that the Image of god representeh the blessed Trinity, which is (as such an high thing may be) some what resembled by memory, by will, and by understanding: Which are in women, as well as in men. What thing is there that reason, wit and understanding may reach to, that woman hath not, Women learned. or may not achieve and attain? For learning, there have been many women exacthe learned in Music, astronomy, Clem. Ale. Stromat. li. 1. Plato in Menexemo. philosophy, oratory, physic, in Poëtrye, in law and divinity. Atossa the Queen of the persians, of whom we have spoken before, was the first that invented the manner of writing of epistles: Socrates in Symposio Platonis. Aspasia was school mistress to that notable Orator & captain Perycles: Albericus lib. 6. qui filium. ff. ubi pupil. ed. Diod Sic. lib. 1 & 5. Bibliot. the noble Philosopher Socrates was not ashamed to be tawght of Dictina. Accursius his daughter ꝓfessed the Civil law openly at Bononie. The Sibyl's be famous among writers ●swel christians as other. Paula and her daughber Eustochion were notable learned: and divers other women in Saint Hieromes time (as it appeareth in his works) besides divers other before his time, Hieron. praefat. in Sophonn. or Whom he maketh mention, as also of the afore named Aspasia, of Sappho, Cornelia, and such like. Hypatia passed all the philosophers of her time, Trip. hist. li. 11. c. 12. & succeeded Plotinus in Plato his school openly professing at Alexandria divers liberal sciences. Diod. Sioul li. 1. & 5. Bibliot. And what were the nine Muses, but virgins most excellent in the same: Who is called the Goddess of learning, but Minerva? Which also found out the Art of planting and setting. What should I now speak of the noble learned women of our Brittany? Of Cambra the daughter of king Belin, who promulged the laws which of her name (as some of our country men writ) have their denomination and are called Sicambricae. Of Martia Proba, of Helena, and such other the like. We need not run up to so high and far years: we have hereof at home late and also present, and worthy examples, among whom I may set with the first and best our queens noble majesty. Perchance ye will object, that women are unable and insufficient to consult of great & weighty affairs, as being but of weak and feeble wit and counsel. Illa Numae coniux consiliumque fuit. ovid. 3. fast. If this reason hold, justini. auth. ut indic. fine quoque suffrag. in princ. leg. been: C. de pnscript. quadriennal. Herod. halli. l. 1. Triꝑt. l. 9 ca 31. Paulus Diaco. de gestis long. Beda: li. 1. cc●ie hist. ye must exclude from all princely honour and regiment, all kings that be under age, or otherwise that lack discretion, justinian and other Princes consulted with their wives in publuke of fairs. as well as women. And yet as weak as they are, Numa king of the Romans and the great Monarch justinian, besides others, did consult to the singular commodity of themselves and their common weals, with their wives, for the better ordering of the public affairs. The life of the great monarch Cyrus was preserved by the counsel of an heardemans' wife Theodosius also the Emperor took great benefit by the God counsel of his wife. Women the occasion that Kings their husbundes were converted to the faith Thodelinda was the occasion that her husband Agillolphus king of the Lombard's, Paulus Aemil. lib. 1. Pluto. in compara. Nun & Lieur. & & in vita Aegidis. Aug. de civi. dei: l. 18 c. 9 and Bertha that our king Ethelbertus▪ Clotildis that Clodoveus the king of France received the Christian faith. Th●delīda The Lacedæmonians the wisest people among the Grecians, Bertha. and the Athenienses also used in the old time to have women present, Clotildis. at the debating of public affairs, which thing was practised among the old Germans. Cornel. Tacit. de moribus Germanorum. Neither Socrates nor plato, do altogether remove women being apt & meet thereto, from public administration. Aristotle confesseth, that in the common wealth of the Lacedæmonians, Plato de repub. 5. Aristot. Pol. 7. many things were done by Women. The said Aristotle thowghe he pferre the rule and government of men: Plato and Aristotle do not utterly reject woman's government. Yet doth he not reject the other, as unnatural, but grauntch. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. That sometime women being great inheritors▪ have the principality. Now that many common weals have been commendablie and worthily governed by them, Ethic li. 8. ca 10. and that in their government lacked neither wit, policy, dexterity, prudence, liberality, justice, nor mercy (which among all her other princely qualities, glistereth most orientelye in our most gracious Sovereign) neither any other thing meet for a Prince, I could easily declare, but I do forbear by reason of tedieusnes, and for that in the ꝑusinge and dyscussinge of the stories by me already rehearsed: it Will most easily, most fully, and most evidently fall out to all such, as be desirous to travail therein. In case all this will not satisfy you and that ye think it still to be unnatural and against scripture, for a woman that is ordained to be subjecteth to her husband, to be the governess and head of a public state: And that ye think also that thowghe for all other respects, a Woman might be a governess yet considering, that she must have the managing of Martial exploits, which in deed may seam in no wise agreeable to a Woman, and is surly the difficultiste matter of all in our case and question, and that you can not, or will not be satisfied, unless ye may for this, and all other dowbtes, be by scripture persuaded: Lo than I bring to you one authority of holy scripture, to serve all turns. Deborah was governess of the lews by Gods special appointement. I Bring, I say, noble Deborah, to decide & determine all this controversy & contention. whom, ye can not deny, was the chief & supreme magistrate, over the people of God, to Gods well liking, & by his own especial gracious appointement. She heard, determined, & decided all manner of litigious, judic. 4. & dowbtefull controversies, aswell for bargains & contracts, as for dowbtes & ambiguities of the law: And that not by other magistrates intermediante, but by herself personally. Erat autem Prophetissa. she was a ꝓphetisse. Hom. 4. in 4. c. judic. Which words Origines singulerlie well doth note: saienge that holy scripture doth not use such phrase of speaking of any other of the judges: least that any man should grudge and repine (as the froward natured man doth) at women's regiment. Pollio vopiscus in vita Aureliani. Let no man tell me now of the cowragiouse Amazons? Let no man tell me of zenobia the Queen of the Palmeryes, Hero. l. 8. and beside her excellent learning of her noble chevalerye, just. lib. 2. nor of Artemisias, that white livored and coward Perses, his manly wife, nor of our manly voadica? Nor of any other the wise politic victorious Queens, judic. 4. that we have before named, or of any such like. joseph. antiq. Hour Deborah shall serve us, judic li. 5. cap. 6. one for all. jabin the king of the chanonites had kept the people of Israel, for their sins and offences to God, twenty years in great misery slavery and bondage. He had three hundred thousand footmen, ten thousand horsemen, and three thowesande chariots, serving for the exploits of his wars. This noble Deborah sent for Baracke, willing him to muster the people, and with ten thousand men to set upon Sysira jabins' captain. The great victory of Deborah. But Baracke would not go unless she went also: well sayeth she, I will go with the. When they should have buckled, Baracke and the Israëlytes, fearing the huge multitude of the enemies would have recoiled back into some saulfer and surer places. Nay sayeth Deborah, depart not, pluck up your hearts, for all is ours. And upon this they encountered with the enemy, and behold there fell suddenly upon the enemies faces so vehement à storm of rain and hail, that it took from them their sight, and did so sore beat them, that for very could and weakness they were not able to hold their weapons in their hands. There upon being wonderfully discowraged, breaking their array they took them to their feet, and in fleinge some were slain by the Israëlites, some by their own horse men and chariots. Sysi●a himself was also slain. I speak not this of Deborah by cause, I think warlike matters properly and so well to appertain to women as to men. I know & do well allow the saying in Homer of Hectour to his wife. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. jiad. 6. I speak it to this purpose only to show that a women may not only have civilll regiment in other things, but may intermeddle also when the case requireth with warlike matters, The ceremonies that kings of England used in their coronation. and be present with the army in the field. And this also among other ancient and solemme ceremonies, the gyrdinge of our Sovereign at her coronation with a sword, the setting of a pair of Spurs to her heals may well signify. Which ceremonies, though they have been used from the time of king Edward the confessor at least, Vide speculum histo Richa. Cicest. lib. 3. cap. 3. or from the noble Alured, and that upon kings only, except our own time: Yet the reason and signification of the same may and doth take place in women Princes also, and in our Sovereign, All be it ●. Ambr. li. de vid. thinketh, her to have been a widove, and Barach to be her son, sainge: strenuos enim non sexus, sed●tus facit. vid. caeter. ibidem. to put her in remembrance to chastise and repress malefactors with convenient justice. Yea with speed to pursue not only by her under officers, but in her own Royal person (if the necessity of the time doth require it) her majesties inward, or owterwarde enemies, wherein she hath a president in this worthy Deborah. This Barack of whom we have spoken by the consent of the most part of the expositors of holy scripture was Deboras husband: Whereby ye may see, that the matrimonial duty of the wife to the husband doth nothing repugn to the public administration & office of the wife each with other may frendelye and peaceably agree, She may serve all turns to the contentation of God, her husband, & of the common wealth. For the respect whereof, the said husband being but a member and parcel of the same, and as subject to his wife in that respect, as any other: She may, yea & ought to command the said husband, and as the case may stand, severely to punish his owteragiouse behaviour & doings tovardes the said common wealth. This noble Deborah therefore condemnethe your conclusion, both unnatural and derogative to holy scripture. Neither will this evasion relieve you (that some of your affinity, for the maintenance of this so wrong an opinion have used)▪ that this is but one bare and an extraordinary privileged and personal example, One only exaple in scripture a sufficente p̄●idente. having none other the like in scripture: & therefore not to be drawn to make thereof a rule or presidente, for womanlye government. If this your reply be effectual, then farewell the baptism of young children, whereof it willbe hard to find more than one, if that one example may be found in all the holy scripture. Then far well a number of rights, ceremonies, customs, & orders aswell in ecclesiastical, as in political affairs, all which have but one, & some no one example at all therein: Yet it so being that the use thereof is not repugnant to the said holy scripture, they have been, they are, & may well here after be kept, used and observed. And yet I know no cause, but that the worthy judithe judith: 13. may be an other example also. woe thowghe she were not the governess of the common wealth at that time, judith. c. 8. but others: Yet played she that part, that seamed most abhorring and strange to woman kind in devising, yea and most manfully and marvelously executing in her own person the renowned slaughter of the arrogant, haughty and proud Tyrant Holofernes. The slaughter of Holofernes by judith. As her stomach and courage was manly and stout in that act, so was she not only a noble virtuous woman, but a marvelous wise woman with all, and so was taken & judged to be of all the people. Whereby it will follow by good reason, that in case she had been the governess of all the people, her go●nemēte would have been aswell profitable to the common wealth, as conformable both to nature & the holy scripture also. Which example thowghe it may seam sufficient to overthrow your answer, be it never so artificially forged, to Deborah: Yet to refute and to refel it utterly, not only by examples, but even by plain and full authority of holy scriptures, let me be so bold, as to demand your answer to a question or two? first whether if a man seized in lands and possessions die with owte issue male, his daughter by holy scripture, shall enjoy the said lands and inheritance, or no? In case ye say she shall not, the plain words of the scripture evidently do reprove you. levit. c. 6. If you grant it, then ask I farther, what if any civil government more or less be annexed and united to these inheritances (As it is not only in Empires and kingdoms, but in many Dukedoms, It seemeth plain by the rules and words of holy scripture that a woman may have civil government. earldoms, yea & lordships also) Whether she shallbe excluded from the said her inheritance? If ye say yea, then do you say against the scripture: if ye say that the Inheritance must remain in her, and the civil government to others, then say ye against all reason, against the use manner and custom of the whole world. It is but your own fond foolish gloze. Where upon I do infer, that womanlye government is admitted not only by these examples, but even by the very words, rules, and decrees of the holy scripture. And so I trust ye are▪ or have cause to be fully satisfied, as well touching your allegation that womanlye regiment is against nature, as also touching a brother to be choose king. Neither the law of God nor reason is against the Queen of Scots right, as the adversaries pretend●. And therefore I conclude against you, that neither the law of God, nor of nature, nor yet reason, upon the which also you ground yourself, do reject the said Qu. marry franche succession of the crown of England. Your reason is, that where the people erect themself an head of their own kindred and nation, there nature assuerethe the people of natural government. And where a stranger cariethe opinion of unnatural tyranny, it assuerethe the ruler of natural subjection. To a stranger is murmorre and rebellion threatened. But now if this excellent Lady and Princess be no stranger, and be of our own kindred, and of the ancient and late Royal blood of this realm (as we have declared) then is your reason also with all avoided, which may and doth oftentimes take place in more strengers, coming in by violent and forcible means. But here as natural a man, as ye make yourself, ye seam to go altogether against reason, and against nature also. If Prince's children were to be counted strangers and aliens, or to be suspected as enemies and tyrants, succeeding to their own progenitors inheritance. It was an unnatural part, & a great folly in the noble kings of this and many other realms, to give out their daughters to foreign Princes in marriage: & in stead of pferringe & advancing them by threire marriage, & procuring thereby friendship and amity with other Princes, to disable their said children from their ancestors inheritances in those countries, from whence they originally proceeded. And as it seameth by your kind of reasoning, to purchase and procure beside to them thereby an opinion of ennemitie and tyranny. This, this I say, is a froward and an unnatural interpretation. A froward and an unnatural interpretation of the adversary. Nature moveth and driveth us to think otherwise, and that both a a prince will favour, love, and cherish the people from whence he fetcheth his royal blood, and by whom he must now maintain keep and defend his royal estate, & that the people likewise will bear singular love and affection to such a one, especially of such known princely qualities, as this noble Lady is adorned with all. surely it is no more unnatural to such a Prince descending from the ancient and late Royal blood of the kings of England, The Que. of Scots no stranger to England. to bear rule in England, and as it were to return to the head and fowntaine from whence originally she sprang: Then it is for all bloods and rivers, (which as homer sayeth) flow out of the great Ocean sea. 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. 21. Iliad. To revert, Ecclesiastes cap. 1. return, and reflowe again to the said Ocean. This coherence, conjunction, copulation, inclination and favour runinge interchangeably, betwixt such a Prince and the people, is no more strange to nature, then is the conjunction of the tree and the rote thereof, then of the fowntaine and the river issuenge from thence, then of the son, and the son beams: & finally, then is the conjunction betwixt the old ancient loving grand mother and her young and tender daughter. Neither do I well know how I may better call noble England, than a loving grandmother to this good gentle Lady whom we (I do not doubt, if ever God call her to the Royal seat thereof) shall not only find a loving and gracious mistress, but a most dear and tender good daughter. For these and other considerations, the laws of the realm do not, nor ever did estrange such princes from the succession of the crown of the realm. Which by reason of the said natural inclination and benevolence of the one to the other, standeth with the law of God & nature, & with all good reason. And therefore your conclusion is against Gods law, nature, and all good reason: Whereby you full ungodly, unnaturally and unreasonably, do conclude an exclusion of the Queen of scotland (pretending her to be a stranger) to that right, that God, nature, and reason, and the true hearts of all good natural Englishmen, do call her unto, as the dear sister and heir apparent to our noble Queen Elizabethe. The which her said just right title and interest, we trust we have now fully proved and justified, and sufficiently repulsed the sundry objections of the adversaries. And as these being the principal ought to bread no doubt or scruple in any man, so many other foolish, fond and fantastical objections, not worthy of any answer, that busy quarreling heads do cast forth to dishable her right, or to disgrace and blemish, either her honour, or this happy union of both realms, if God shall send it, in taking our gracious Sovereign from us without issue (which God forbid) ought much less to move any man. Whose majesty God long preserve and shield, and bless her if it be his pleasure with happy issue. But if it please him either to bereave us of her majesty, or her majesty of all such issue, than yet (that we may not be altogether left desolate & comfortless) this happy union will recompense and supply a great part of this our distress. An happy union I call it, by cause it shall not only take away the long mortal enmity, The great commodity that shall come to Englande● and Scotland by the union of them in case this succession chance. the deadly hatred, the most cruel & sharp wars, that have so many hundred years been & continued betwixt our neighbours the Scots and us, but shall so entirely consociate and conjoin, and so honourably set forth and advance us both and the whole Island of Britanye, as neither tongue can express the greatness of our felicity and happiness, nor heart wish any greater. The old enmity hath trodden down & kept us both under foot, and hath given occasion to the common enemy, as the Danes and other to spoil us both. It hath caused for these thousand years and more, so infinite and so owgelie slaughter, as it Will grieve and pity any man's heart to remember, and yet neither to the greater augmentation of our possessions at this day, nor to their much loss. They having lost nothing of their old ancient inheritance saving Barwikle only. If this conjunction onhis happen, and if we be onhis united and knit together in one kingdom and dominion, in one entire brotherly love and amity, as we are already knit by neighbourhood, by tongue, and almost by all manners, fasshions, and behaviour, then will all unnatural and butcherly slawgher, so long hither to practised, cease. Then will rest, quietness, welche, and prosperity increase at home: Then will all owtewarde Princes our Friends rejoice, and be comforted: & our enemies dread us. Then will the honour, fame and majesty of the Island of Albyon daily grow more and more, and her power and strength so greatly increase, as to the friend it willbe a good shield: And to the enemy an horrible terror. The shall the owtewarde enemy little endamage us. Then shall we with our children after us, reap the pleasant fruits of this noble conjunction wrowght this to our hands by Gods good and gracious providence without expense, force or slaughter, which hitherto a number of our cowragiouse, wise and mighty Princes, have these thousand years and upward, sought for (but in vain as yet) with so excessive charges, with so great pains, with so many and main armies, and with the blood of so many of their subjects. Then shall we most fortunately see, and most gloriously enjoy a perfect and entire monarchy of this isle of Brittany or Albion united and incorporated after a most marvelous sort, and in the worthy and excellent person of a Prince meet and capable of such a monarchy. As in whose person beside her worthy, noble and princely qualities, not only the Royal and unspotted blood of the ancient and noble kings of scotland, but of the Normans and of the English kings with all, as well long before, as sithence the conquest, yea and of the Britaines also, the most ancient inhabitans and lords of this Island, do wonderfully, and (as it were) even for such a notable purpose, but the great providence of God, most happily concur. The evident truth whereof, the said queens petigrewe doth most plainly and openly set forth, to every man's sight and eye. Then I say, may this noble realm and Island be called not Albion only, but rather Olbion, that is fortunate, happy and blessed. Which happy and blessed conjunction (when it chanceth) if we unthanckefullye refuse, We refuse our health and welfare, and Gods good blessing upon us. We refuse our duty to God, who sendeth our duty to the party whom he sendeth, and our duty to our native country to whom he sendeth such a person to be our Mistress: and such commodities and honour with all coming thereby (as I have said) to whole Albion, as greater we can not wish for. And finally we procure and purchase as much as in us lieth, such disturbance of the common wealth, such vexations, troubles, and wars, as may tend to the utter subversion of this realm. From which dangers God of his great and unspeakable mercy defend & preserve us, & keep ꝓtecte & defend this realm with our noble Queen elizabeth, and the said Lady Marie Queen of scotland, with the nobility & subjects of both the realms in mutual friendship and godly amity, with long prosperous estate and all good quietness. Amen. FINIS. Imprinted at London in Flete street at the sign of justice Royal, against the Black bell, by Eusebius Dicaeophile, anno D. 1569. and are to be sold in Paul's church yard, at the signs of Time & Truth, by the Brazen Serpent, in the shops of Ptolomés and Nicephore Lycosthenes brethren Germans. ❧