CONCERNING THE DEFENCE OF THE HONOUR OF THE RIGHT HIGH, MIGHTY AND NOBLE Princess, Marry Queen of Scotland, and Dovager of France, with a Declaration, as well of her Right, Title, and Interest, to the Succession of the Crown of England: as that the Regiment of women is conformable to the law of God and Nature.  
Made by Morgan philip's, bachelor of Divinity, An. 1570.  
LEODII. Apud Gualterum Morberium. 1571.   

A DEFENCE OF THE HONOUR OF THE RIGHT HIGH, RIGHT MIGHTY and Noble Princess, Marry Queen of Scotland, and Dovager of France. The First Book.  
IT were to be wished, that as God and nature have most decently, ordinately, and providentely furnished and adorned man with two eyes; two ears, and but with one mouth, and one tongue, wonderfully bridled and kept in with the lips and the teeth: so men would consider the cause of it, and the great providence of God therein, and after due consideration, use themselves accordingly. 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 hear and see, but to talk within a compass, and to refer all our talk to a temperance and sobriety, and to a known tried truth: especially where the said talk may sound to the blemishing and disgracing of any man's good name and estimation.  
But now a days (the more pity) there is nothing almost, but that as soon as it is perceived by the eye or the ear, must forthwith be lashed out again by the mouth: such a superfluous and curious itching we have, dissolutely and unaduisely to talk of all matters, though they tend to the great hindrance and infamy of many of our brethren, and though 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 unjustly with the death of her late husband the Lord Darley. For the defence and maintaining of whose innocency in this behalf, we intent to lay forth before the gentle Reader, the most chief and principal reasons, grounds and arguments, whereupon the patrons, the Inventors and workers of all these mischievous and devilish drifts grounded themselves, and all their outrageous 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 therewithal, have raked up and heaped together one upon another against their good Mistress and Sovereign Queen no small number of slanderous Articles.  
But in all this rabblement, in all this raking and racking, what thing else do they, but utter and disclose their own spiteful malice and malicious spite, to the discrediting of their cause, and themselves also? Even as the accusers of Aristophanes among the Athenienses did, by whom he being ninety and five times grievously 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 verdict 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 wills) with all the world. For as goodly and as great a muster as they make, two parts of their slanderous accusation are manifest false, and open untruths and foul forged lies. The residue thereof though in some part they bear truth, and be nothing prejudicial to the Queen in this matter: yet they are full calumniously and marvelous maliciously depraved, drawn and wrested to the worst.  
The effect and drift of the whole tendeth to this, that first they would we should believe: that after her marriage her mind was as it were alienated from her husband.  
Secondly they pretend certain letters, that they surmise and 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 seemeth 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: they never have been able by any direct and lawful means, to prove any thing at all, whereby 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 seeing that the best matter they have to support their doings withal, is nothing else, but presumptions and surmises, which yet are not of the surest and most probable fort, neither such, as are presumptions juris, & de Iure● contra quas non admittitur probatio: 
Men should be rather prove to absolve, then to condemn.  seeing also that we aught always in criminal causes, chief when a Prince is touched, who is Gods anointed, to be more proclive and prove to favour, then to hatred, to be readier to absolve and release, then to detain and condemn, and that it is far better, and a more sure and more indifferent and upright way, to save the guiltless life, then to condemn and cast away the innocent: I trust and am in an assured hope, that all the indifferent Readers hereof (this being the cause and woeful adversity of a Prince, whereas the like estate of Princes aught and is wont 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 without all partiality, weigh and consider the allegations of the one and the other side, and judge of the matter, as it falleth out accordingly. Which is the very thing we most desire.  
And seeing the Adversaries throughout all their cause; wander by guesses and uncertain presumptions: let us also, as I may say, abuse a little part of our Defence. What ●y I, abuse? (perchance truly, if we had no better, or they any good matter at all) nay rather use them accordingly, 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 practices. Surely rare it is, to hear such foul practices in women. And may we found in our hearts to believe, that it is now at length found and practised by such a Lady and Princess, 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 Christian Princes have had in high estimation and worthy price for her great prudency, and many other Princely qualities, the which full goodly do adorn and beautify the grace and comeliness of her Royal parsonage.  
Doth any man or woman fall to extreme lewdness all at once? Not verily. We do both rise, and 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, whereupon to make a sinister divination, to fasten upon her their treacherous accusations. What unseemly outrageous and unprincely part hath she hitherto played? Let the noble Realm of France testify of her demeanour and behaviour. Let her own subjects, that be not her open enemies, and her double double traitors, accuse her hardly, and spare her not. But yet let them well think withal at their better leisure, and when they shallbe better advised: whether there be any indifferent person, who will not both detest and utterly abhor the perverse and naughty nature of such ungrate traitors. Or that will not think it far unlike, that this noble Queen, who hath so graciously pardoned them double and triple treasons, would ever find in her heart, so to use her own dear husband. This is unlikely, this is incredible: and the more, all circumstances considered. For if she had been desirous to have been rid of him, as they falsely, and maliciously 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, 
It is nothing like, that the Queen would have sought the destruction of the Lord Darley by these means: when she might have openly put him to death by justice.  yet was he otherwise but a member of her common Weal, subject to her, as to his principal and supreme Governess, and to her laws. By the due and ordinary process and course whereof he might justly have been convicted, condemned and executed, aswell 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 the 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 falsely surmised will and desire: that she would not take the opportunities in this sort offered, but omitting them all, seek unlawful means to his destruction? This vehement presumption of her innocency is much holpen, for that she would not consent to a divorce between her and the Lord Darley (as we shall hereafter declare) though she were moved thereto by a great numbered of her Nobility, and by such as be now her greatest Adversaries.  
I add thereto, as a great and an urgent presumption and token of her innocency and pure conscience, 
The Q. contrary to mind of her Nobles came into England.  that she voluntarily came into England (refusing the offers of divers of her own subjects, who besought her Grace to repair into their quarters, proffering to preserve her Grace safe therein) where she knew right well were both the father and mother of the said Lord Darley, a Noble Princess, 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 guiltless 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 Cassive is here to be remembered: Cui bono? Whereby he did signify, that in such doubtful conjectural cases a man may make a great aim and conjecture against the person appeached, 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 one 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 let and impediment to her great affairs. Among other things the testimony and confession of divers guilty, as they be reported, and executed in Scotland for the said offence, which they openly made at the time of their death, doth tend much to the advancing 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 altogether deny, but that she was somewhat estranged from him: and therefore they might have spared a great sort of then needless and frivolous arguments, and yet flat and plain lies withal, to prove the same. 
The Q. enemies lay to her, discord with the Lord Darley, whereof they were the authors.  But fie upon the cruelty of these accusers, 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 guileful and wily circumuentions 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 imprisonnement of the royal person of the very Queen herself.  
These and many other like pranks and practices, as the revocation of th'earl Murray, and of other traitors of your ally and affinity, without the Queen's knowledge, by the Lord Darley's youthful, rash and temerarious device to depart the Realm, with many other like practices, purposes and attempts for his princely person very unmeet and far unseemly, ye craftily suppress, and speak no word of, for fear of burning your own clotheses.  
I say therefore, fie, and double fie upon ●e impudency of these mischievous traitors, now to lay to the queens charge, and reproachfully to object to her the changing ●her mind toward her husband, which rose and began upon causes, for the which they had been long erst trised up, if they had not fortuned upon and met with so gracious a mistress, as I know, and they, though undeserving it, do well feel, that the whole world hath very few her like. And yet all this your pretenced alienation of her accustomed favour from him not withstanding, 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 withal) was never a deal lessed or minished: albe it for a time she did dissemble and forbear outwardly to show and utter her most inward heart and affectionate love, upon most ●●st and good respects: As the manner and practice of provident and most loving parents oftentimes is toward their dear children; for the better reclaiming of the wandering mind and wavering will of the youthful unadvised gentleman. And therefore hearing and advertised, 
The Q. was fully reconciled to the L. Darley before his death.  that he was repentant 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 repairing of his health lately by sickness sore impaired, hasted with such speed, as she conveniently might to see and visit him at Glasco. Whereas also at divers other places, especially at Edinburgh, she from time to time most lovingly 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 procedings had sown in their stomachs and minds, was not only now we● 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 if this be true, which is in deed so certainly true, that they themselves are for the manifest evidence thereof; even driven and for●● to acknowledge and confess the same: then their great Samsons post of discord and debate, wherewith they would underprop and uphold all their traitorous proceedings, as also this their mischievous accusation and grievous crimination, the which they had fully now conceived and brought, as they hoped, to perfection, by the mischievous drifts of their shrewd, wily, devilish disposed brains, against her, would fail them and 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 long conceived treasons on: and say: that all this courtesy, favour, love and amity was but a set matter on her part, and coulorable show, and a dissembled drift and feigned pretence by her colourably conveyed, upon none other purpose, but to flatter and entice him to Edinburgh to his bane, which, say they, appeareth by her own letters.  
It irketh and grieveth them to the very heart, to hear of the reconciliation, and therefore they toil and tumble from 〈◊〉 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 cumfort him, judging and reputing all her dutiful kindness, as hypocritical and counterfeited dissimulation. Wherein by their malicious construing and wrong interpreting of well and commendable doing, they represent the natural disposition and froward inclination of the Devil, who hath that name, for that he is willingly and of purpose a malicious false reporter and accuser.  
As for the letters they take hold on, and slander her for, we shall hereafter examine them, what weight 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 seem but mere superfluous for us, either to rehearse, what surmised difference were between them, or to confute the falsity of all such allegations, 
The adveriaties charge the Q with their own wicked devices.  namely seeing that in some thereof they charge the most innocent Queen with their own most lewd, naughty and wicked devices, and detestable practices.  
As, for an example and proof thereof, the Earl Murray and his counsel perceiving, that for a time the Queen seemed not well to like of her husbands doings (albe it whatsoever her said misliking were, it was, as is aforesaid, for the love of him, in respect of his own profit and commodity) being very desirous to bring home again their confederated mate, th'earl Morton, who then was in banishment, and remained in England for the slaughter of David her Secretary, without whose presence and present advice their fetching practices were half maimed and 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 agreed. 
The Q. moved by them. to make a divorce with the L. Darley.  But what have these good men now done, think ye, in this part? Surely 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 naughty 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 procedings, in procuring an alienation of the Queen's mind from her dear and well beloved husband, or upon any other alienation whatsoever: 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. 
The accusation touching letters lent by her to the Earl Bothewel  For they say, that they have a sufficient proof to justify the chiefest part of their accusation. A proper justification, pardie. This, this is their jolly witness, this is their singular jewel, whereby they set much store, the value whereof in their eyesight they repute and account as of an inestimable treasure. This most necessary witness they have alwares 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 ye 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 once faileth them, than all their accusation faileth them therewith, and by and by quaileth. And soothly this witness yet, all this notwithstanding, what else is it, but a blind and deaf and a dumb testimony of certain obscure letters, written and indicted (as they most falsely, and as vainly avouch, and hitherto were never able to prove) by the Queen to the Earl Bothwel.  
It is forsooth a box of letters taken from one Doughleysh, 
The unlikely tale of the Earl Both wells letters surmised to be sent to Master Balfoure.  who was executed for the Lord Darleyes' death, the Earl's man forsooth: which letters he received at Edinburgh of one Sir james Balfoure, to convey to his Master. Thus say they. But we say to you, as is said in Terence: Non sunt haec satis divisa temporibus. The very time, if nothing else were, bewrayeth you, and your whole cause withal. Is it to be thought, that either the Earl would sand to the said Sir james, who had before assisted the faction against the Queen with the force and strength of Edinburgh Castle, and driven from thence the very Earl himself: or that the said Sir james would sand any such thing to the Earl? Is it likely? Is it credible? Had the forger and inventor of this tale by seemly conveyance parted and divided the distinction of his times? How say ye? Whereas 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 thought, that either the receiver thereof, or that she herself, whom ye conceive to have sent them, would have suffered them, for the hasarding of her estimation and honour, to remain undefaced: namely seeing there was a special mention made, and warning given forthwith to burn them, and make them away.  
Nevertheless when you have taken your best advantage you can of them: 
In case the surmised letters were sent by the Q 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 ratifying or specifiing the accomplishment of any such fact already past, but by unsure and uncertain guesses, aims and conjectural supposings, are not able in any wise to make a lawful presumption, much less any good and substantial proof, not only against your Sovereign and Prince, but not so much as against the poorest woman or simplest wretched creature in all Scotland.  
Surely the Civil law willeth, that in criminal matters (for such are these) the accusers allege and bring forth nothing, but that they may be able to approve and justify by the testimony of good and lawful witnesses, or by some other most manifest, clear and evident proof or presumptions. Sciant cuncti accusatores, 
L. sin. e d● Probat. What exquisite proofs be required in criminal causes.  eam se rem defer in publicam notionem debere, quae munita sit idoneis testibus, vel instructa apertissimis documentis, vel indiciis ad probationem indubit atis & luce clarioribus expedita. This rule aught to be observed and kept in the simplest and seeliest poor man's cause, that is: and think you now, you most ungrate and unthankful subjects, that ye may lawfully take arms against your Mistress and your 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, 
The surmi sed letters neither have superscription of the writer, nor subscription, neitherany date, neither signed nor sealed, and the cannoneer never known  and face the world out 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 superscription 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 Moon He was never yet known, nor herd of, that did either receive, or deliver them. For as for him that ye surmise was the bearer of them, 
He that was the surmised bearer, at his death denied the same.  and whom you have executed of late for the said murder: he at the time of his said execution took it upon his death, as he should answer before God, that he never carried any such letters, nor that the Queen was participant, nor of counsel in the cause. Think ye, that wise and expert men are ignorant, how perilous and dangerous a matter it is, 
An easy thing to counterfeit a man's hand.  to fasten any good proof upon illation of letters, and how easy it is to some men, to imitate and counterfeit any character? The which a Knight lately deceased in England could so lively and subtilely do, that he who wrote most crabbedly and unleageably, could hardly discern his own hand writing from the Knights counterfeiting hand.  
But who conferred these letters, I pray you, 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 and 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 due collation by you made. O perfect and worthy collation. O meet and apt men for such a purpose.  
As though it is not notoriously known throughout the world, that ye are her most mortal enemies: as though these sergeant 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 writings the Queens very character: and as though there were not among yourselves some singular artificer in this handicraft, 
These letters were feigned and contrived by the Queen's Adversaries.  and that hath sent letters also in her very name, aswell into England, as to other places besides, without either her commandment, or knowledge. How can I chose then, but say, that this deed is your shameful handicraft, and not her hand writing? Yea surely, all this is your own feigned forging and most vile counterfeiting.  
If ye be angry with me, for thus saying by you, I hope you will be soon cold with me 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 witnesses, such as ye can not by any just exception or tergiversation avoid or elude. And these are none other, but even your own selves.  
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 said letters: which 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 lest with the said Earl, whom ye surmise to have received these letters: or that all this is by you maliciously driven and concluded.  
If ye grant us, that ye were privy of the said letters: we trust than you willbe good to the Queen, and if it were but for your own honesties sake. If ye deny that, and withal that you were the contrivers thereof yourselves: we pray you to tell us, and blush not, how you could so readily and so directly hit the interpretation of these words (our affairs) and what these words should mean, there being so many affairs, as ye 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 feeke. 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 shifted it of with honesty, nor well rid your hands thereof. Whereof I for my part do take myself full assured, and therefore do think it a needless discourse for me, to make any further descant upon such an unpleasant, 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 cunning and skill will serve you, to these 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 cunning illusions, be not fully espied, and plainly and openly enough laid out to each man's eye to behold and view. And as touching your said juggling box, you have been very foully and marvellously overseen 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, foras much as the very self said Doughleish, whom among other ye executed and rid out of the way, hath said and sufficiently declared for the queens innocency.  
Nay, nay, perhaps 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 pretended marriage with him will help your cause, and give testimony against her. And why so, I pray you? Was not his body embalmed, inseared and interred besides the Queen's father, the late King james, accompanied with justice Clerk, the Lord of Traquarre and with divers other Gentlemen? The ceremonies in deed were the fewer, because that the greatest part of the Counsel were Protestants, and had before interred their own parents without accustomed solennities of ceremonies. 
An answer to the adversaries objections, that the Queen did not mourn the death of the L. Darley.  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 enterring of the said Lord Darleyes' body in such sort as ye notify, but even directly to the contrary. Yea, ye are as little able to prove 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 appertain to such kind of Queens, as she is. For they mourn their husbands, who were Kings: her Grace mourneth after an other sort: she a Prince, her husband a private man and a subject. They, as women most commonly do, take their honour and chief dignity of their husbands. Her husbands increase of advancement came by his matching with her▪  
And further, 
L. Liberor. ff. de his qui notantur inf.  women by the Civil law are in divers cases discharged and excused for their omitting thereof, and forbearing their so doing. And yet did this good gentle Lady bemoan, even such a one, a notable time enjoying and using none other then candle light, as was known to all the Nobility of Scotland, and also to one M. Henry Killigraie, who was sent thither from England to her comfort, according to the use and ma●er of Princes. Who had a longer time in this lamenting wise continued, had she not been most earnestly dehorted by the vehement exhortations and persuasions of her Counsel: who were moved thereto by her physicians informations, declaring to them the great and (imminent dangers of her health and life, if she did not in all speed break up and leave that kind of close and 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 not withstanding, this her fact is with these most severe and grave Censors 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 did ever bear to the L. Darley (the which truly was so vehement, that for your exceeding hot and 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, and somewhat longer continuance in her mourning place, and in her desolate and doleful estate, accelerated her own death withal: then had she by the Earl Murrare● 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 greedily aspired, and the which now at the length he hath achieved and attained.  
As for the residue of their sayings, 〈◊〉 there be any fault in the Queen: it surely falleth double and triple upon these A chitophelles. And the good innocent Lady, wh● hath been so wretchedly and so unworthily by them abused and circumvented, is mo● to be pitied, then to be blamed. The Earl Bothwel was acquitted by his Peers, according to the common and ordinary trad● and manner, in such cases usually observed These unnatural and disloyal subjects, these most shameful, crafty colluders, her Adversaries and accusers, I mean, the Earl Morton, the Lord Simple, the Lord Lindzay with their adherents and affinity, especially procured, and with all diligence laboured hi● 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 couple 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 forcing the Queen to this pretenced marriage.  and often inculcating into her mind and remembrance the present perilous time and dealings of men: which the better to prevent, and more surely to withstand, by their counsel and persuadings induced her, and by other their crafty doings as it were enforced and constrained her, to take a husband, to be her comforter, her assister, her buckler and her shield, to defend her against all her whatsoever 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 guilty of the said crime. The wihch 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 Earl's 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 request (though very circumspect and naturally prudent in all her other doings) yet nevertheless a woman, and especially never to that hour once admonished, either openly or privately after the Earl's acquittal, that he was guilty of the said fact, nor suspecting any thing thereof, yielded to that, to the which these crafty colluding, seditious heads, and the necessity of the time, as then to her seemed, 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 devifes 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 th'earl and her: which restitution was made, not for that consideration, but by cause the Queen thought in her conscience, his father wrongfully condemned.  
Let them cry out upon th'earl Bothwel, for that the sentence of divorce was promulged, partly by force, partly without the just and usual order of the law, and without sufficient proofs. Let them cry out upon him, for his violent taking and detaining the Queen. Yet if they can not precisely prove the queens consent to any of his unlawful acts, as hitherto they were never able to 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 th'other side, it is well known, and easy to be proved, that this faction did chief procure (as we have said) aswell the acquittal, as the supposed marriage: and therefore by likelihood 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 outward skin only of his enemy.  
You 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 discredit. 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 well enough themselves, good Reader: whereby they well perceive and fully understand, that they altogether are unable, to bear out and maintain by reason, justice or law these their outrageous and seditious procedings. And therefore they set upon them the best colour and countenance they can. Wherein you shall now hear, what they did allege, being in England, for themselves.  
They say, that no man can charge them, 
The adversaries declaration before the Commissioners of England.  or the residue of their Nobility, that they have gone as much as one only step from the office and duty of good subjects, in taking arms against the outrageous enormities already committed, and to prevent the great dangers imminent 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 thought, and openly spoke of them, for suffering such a Tragical matter to scape unpunished: which thing engendereth of us (say they) among strangers and all foreign Nations an ill and sinister opinion of some common consent thereto made by our whole Nobility. Yea, to see also the very Executor thereof himself by violent force, to take, detain and keep his and 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 due 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 singular 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 meanwhile rendered herself into the Nobilities hands there assembled, and by them was conveyed to Edemborough: 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 susteme the weight of so great a room, freely and voluntarily (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. Th'earl Bothwel not long after being by them pursued, fled the Realm to escape their hands.  
Now this said resignation by the Queen once made to her son, he was forthwith 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. Whereupon quietness began to increase, and justice more and more daily to take place: which yet some persons (say they) much envying at, to the disturbance of the same and of the king's authority: first practised, contrary to the said their Act of Parliament, the Queen's deliverance out of Lochleven, and then showed themselves in arms. But as their attempt (say they) was unlawful, so the victory fell against them on our the righteous side. Whereby God himself seemeth to have given sentence for the equity of our whole cause against our Adversaries.  
These are the principal allegations that these good men have proposed for the justification of their proceedings against the Queen, before the Commissioners 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 kings person, and the whole state from danger, to live willingly in perpetual exile and banishment.  
God be thanked, that after these seditious and traitorous subjects have been so stout and storming in the reckoning up and accumulating of faults and offences of their innocent Mistress and Queen, they are yet at the length forced to answer for themselves, and for their excessive outrageous rebellious doings. Their glorious and glittering excuses may perhaps at the first show seem, to some of the Readers to have a jolly face of much probability, great truth and fervent zeal to the weal public. But may it please them, advisedly and deeply to ponder and weigh, aswell what we have said, as what we farther shall say in supplement of full answer, and then to judge and dame of the matter none otherwise, than reason, equity and law do crave: they shalat length find out, and thoroughly perceive and know these men's dealings and doings, who as yet cover their foul filthy lying, detestable practices and traitorous enormities with such a visard of counterfeit feigned holiness, and such exceeding great show of zeal to the Queen's honour, in punishing malefactors, and to the preservation of the state of the Realm: as though all the world would fall and go to ruin, if it were not upholden and underpropped by the strength of their shoulders. They shall see, how they will appear in their own natural likeness, so ugly, 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 Darleyes' death, the acquittal of the Earl Bothwel, and the Queen's 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 deeply charged, so foul stained, and so shamefully marked and noted: that never shall they with all their hypocritical fine fetches be able, to rub out the dirty blots thereof from their skirts. which thing wilb● easily perceived of them, that will vouchsafe advisedly to consider the frivolous and contradictory excuses, they make in their defence.  
At the beginning, 
The causes that the Rebels pretended at the beginning.  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 Bothwel, who violently detained her, and to prevent dangers imminent to her person.  
The second, to revenge the King's death upon the said Bothwel, 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 Queen's son. This is their jolly and holy pretence.  
Now let us see, 
Answer to the first.  how conformable their worthy procedings are to these their colourable cloaked holy collusions.  
The first gentle and humble admonition, that these good loving subjects gave her, to reform these surmised enormities, was in battle array at Bortwike Castle, which they thought upon the sudden to have possessed with the Queen's person. Whereupon they being disappointed thereof, got into the Town and Fortress of Edenboroug, by the treason of Balfoure the Captain thereof, and of Cragmiler the Provost of the City: whereby they being the more animated, to follow and prosecute their wicked enterprise, began now to be strong in the field. The Queen having also a good strong army, and thinking herself well able thereby to encounter with th'enemy, and to repress their furious outrage: yet notwithstanding, for the great love and pity she had to them (though rebellious subjects) willing 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 use her as their Queen, she would peaceably come to them, 
The Lord Grange promised upon his knees obedience in all the Rebels' names.  and take due and convenient order for the redress of all such things, as might appear by law and reason meet to be reformed.  
Whereupon the Lord Grange was sent by the Lords to her, who in all their names most humbly upon his knees assured her of all dew obedience, of security an● safety of both her life and honour. And 〈◊〉 the good Lady, her conscience bearing he● witness of all her just and upright dealings and therefore nothing mistrusting, dismissing her army, yielded herself to the Lords: wh● conveyed her to Edinburgh, and there set her at such a marvelous liberty, and 〈◊〉 such security and safety, that all good me● to the world's end will wonder at their exceeding good loyalty.  
First they keeping her own Palace, se● and placed her in a merchant's house, and used her otherwise very homely. She now considering and perceiving, to what end these matters tended, most pitifully cried and called upon them, to remember their late promiss: or at the lest, 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. For now had they the pray, whereon they intended to whet their bloody teeth, ere they did dismiss or forego her, as the event doth declare. Wherefore in the night privily she was conveyed, and with haste in disguised apparel, to the strong Fort of Lochleven, and after a few days being stripped out and spoiled of all her princely at●rement, 
The Q. imprisoned at Lochleven.  was clothed with a course brown ●assoke.  
After this these good loyal subjects, pra●ising and increasing more and more daily ●he performance of their said promised obedience, never ceased, until they had usurped the full authority and Regiment of the whole. Into the which though they had intruded themselves, yet seeing, as blind as they were, by disordinate, unseemly 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 and 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 sand to her, concerning the dismission of her Crown to her son, and the Regiment of the Realm to the Earl of Murray.  
Whereupon th'earl of Athele, Secretary Ledington with other principals of thei● factious band, sent Robert Miluen to Loch●leuen, to will her in any ease, if she sought the safeguard of her life, to condescend to such demands, and set her hand to all such writings, as should be proposed and brought to her. Which (as they said) to do, neu● could be prejudicial to her, 
The Q. threatened to be ●id away, if she would not renounce her Crown.  being by for●● and violence extorted. Sir Nicolas Throgmorton also, being then Ambassador the●● from England, gave her the like advise.  
Now at the last cometh the Lord Lindzay, sent in Commission from their Counsel to present and offer unto her the writings who most grievously with fearful words and very cruel and stern countenance thre●ned her, that unless she would thereto subscribe, she should loose her life.  
But call you this voluntary yielding ou● and Resignation of the Crown? A voluntary assignation of the regiment to you, Earl Murray? yea surely, as free and voluntary, a● a man with his own hands casteth into the sea his goods in a main and raging tempest freely and voluntarily: 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 and riches, then of his 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 whereof, ye have by your crafty slanderous leasings and wretched practices done all the endeavour, that your malicious and spiteful brains could invent and search out. But surely your doings have been so gracious, that if she had been deadly hated before, they might have procured and gotten her a wondered 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 Tyramnical proceedings purchased to her such an augmentation and increase of the same (specially when that the people, among whom for a while some ye have through your colourable crafty conveyances made to misdeem and have somewhat the worse liking of her, shall thoroughly and perfectly understand and know your said wily policies, as more and more daily they do) that she shalb● much beholding to you: but no God hau● mercy to you therefore.  
But now to proceed and go forward with your loving loyal proceedings toward her ye never ceased nor stayed, until ye had procured and obtained a coulorable Parliament whereby ye got your usurped and unnatural kingdom ratified and confirmed: and not only all your wicked practices already past, but even what mischief soever y● would, should afterward pass also, against her quietness and safety And thus behold, how these humble, obedient and loving subjects have purchased and procured a Commiss●o long before hand: the like whereof (as ● suppose) was never in the world heard of a fore, in any whatsoever rude, savage and barbarous Nation or Country, to slay, kill and murder their own Sovereign Queen and 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 wonderfully eluded, and miraculously frustrated this their mischievous malicious purpose and intent.  
And yet is there one injury more, that doth grieve and molest this good guiltless Lady more, than all these foretold villainous pranks played of them against her. And surely not without just cause of grief. For in deed it far passeth and exceedeth them al. And that is, their shameful and most traitorous diffaming her, being altogether innocent therein, with the death of her husband: as though that she had suborned the Earl Bothwel thereto, and rewarded him therefore with the marriage of her own body.  
Here perchance they will say: 
The answer to the second.  Marry this is our chief quarrel in deed, this was the mark, we principally shot at. The great love and zeal we bear to justice, and the earnest desire we have to purge and rid the Realm of the slander and infamy, that ariseth thereto by this horrible fact, moveth and stirreth us up, to seek by all means we can, the punishing of the said Earl, who was the committer and chief perpetrator thereof.  
If it so be, surely there is upon the sudden comen upon you a marvelous devotion. For why? Were not ye, and your band and Adherents the chief and principa●● authors, assisters, fautors, aiders and abetters, for the clearing and justifying of the said Bothwel accused and indicted as guilty of the said murder? what is it, that maketh you now so hot, that then were so cold? By like the world and wether is anew changed and altered of late. 
The queens even mies dismissed the Earl Both well, when they might have taken him.  Yet tell us, we pray you in good earnest: was your principal scope and zeal, to apprehended th'earl Bothwel? Tell us then a good cause, why ye did dismiss 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, and will him to departed, assuring and telling him, that no man should follow or pursue him? Did not th'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 apprehended him: it being of you pretended, that he was now become an arrant Pirate and Rover upon the sea.  
Nay, nay: it was not he, you so long sought after. It was an other bird, and her ye had fast in the cage: and therefore ye permitted the Earl to flee whether he would. But ye you say in your Accusation put up to the Commissioners of England, that as he was the chief executor of the said Lord Darley's death: so she was of the foreknowledge 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 through the special suit and procurement of your faction he was acquitted and set on clear board? Why did you with a great number of the Nobility move further, and work the said marriage, 
The queens enemies bound by their hand writing, to obey the E●le Bothwel if he matied the Q.  as most metee and necessary for your Queen? Why did you, as by your hand writing it wilappeare, proffer and promiss to him your faithful service, and to her your loyal obeisance? Why did none of all your faction, nor any other else, either openly, or privately declare and detect this matter to your Queen, before the pretended marriage? Was there no time, 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 protestation also, the disorderly, ambitious and Tragical doings of these rebellious and traitorous subjects do much help and confirm) that afore her taking and inprisonment, 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, 
An answer to the third.  it is not worthy the confuting. For these men knew right well, that the Queen had put her son safe and sure enough in the guard and custody of the Earl of Murray. 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 and keeping of the Regent and usurping Rebels, then under the hands and bringing up of his own most natural and dear mother, with divers other like unnatural, ridiculous and absurd propositions.  
God bless him, and grant him no worse to speed, than this most tender and loving mother daily wisheth and continually prayeth for. Who, good sweet babe, if he had age and discretion, to understand their doings, 
The Prince, if he were at age, would not like the enemy's doings against his mother.  would give the Earl Murray and his fellows but cold thanks 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 perchance 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 he buy it so dear, nor come forth to be a King so unnaturally, as the Vipers enter into the world eating and gnawing out the mother's womb. He would demand and ask, what a strange new found solemnity, 
He was unlawfully crowned  and fond manner of Coronation this was? For the matter being of so great and weighty importance: of one hundred, Earls, bishops, and Lords, and more, that have voice in Perlament, 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, whereof the most honourable had not the soventh or eight voice in the Parliament among the Earls, nor yet the first of twenty voice● among all the States.  
You had farther but six Lords, who also were such, as had laid their violent hande● upon their Queen afore, and put her in prison. And lest all should be void, if they should seem to lack their full Congregation of the Spirituality and Temporalty: in leapeth me one Bishop, and two or three abbots and Priors. But yet were there not solemn Protestations, I pray you, then openly made and authentical Instruments thereof made also, that whatsoever was that day done, e●ther for the Coronation, or investing of the King, or for the establishing of a Regent, or otherwise against the Queen's Royal estate and person: it should not be to her in any point hurtful or prejudicial, as being then violently detained and imprisoned? 
Why the confirmation of the Rebels doings made by an act of Parliament is nothing worth.   
Well, you will allege peradventure, that all these procedings were ratified and confirmed by act of Parliament. 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 ratifying of the said dismission of the Crouno 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 foundation, being of such weakness and so unstable, could never be firmly and surely established and corroborated. He would farther say, that diverse of the chief and most principal among the Nobility, namely the Earls of Argile and Huntley with the Lord Harris, would not in any wise accord or agreed thereto, otherwise than it should stand with the Queen's voluntary will, void and free from all manner threatenings, force and violence. Whereof they did full earnestly and solemnly protest, requiring their Protestations to be enacted and recorded.  
He would moreover 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's vain boasting and bragging of justice and quietness, most tenderly lament and woefully 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 most greevousty oppressed, and shamefully murdered, and the whole Realm so marvelously maimed, that the very outward enemy doth sore lament to see it or hear thereof, and that willbe 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 miser●e should through him, or under his name be caused or occasioned, though he might purchase thereby the greatest Empire in the world.  
Thus may every man see and perceive, how dishonourable and how disloyal your acts and doings have been, and also how disagreeable to your sayings, protestations and pretences. For ye pretended at your first seditious motion (as we have declared) the Queen's liberty and honour, and, that ye would duly and faithfully serve her: which your service what it was, let your doings declare.  
You make pretence, that ye took arms chief for the apprehension of the Earl Bothwel: and yet ye dismissed and let him go being present, and never (but long after, and colourably) sought him.  
You pretended the quietness and peaceable government of the Realm. But the Realm was never these many hundred years so disquieted and turmoiled with so sore storms and blustering tempests.  
You pretended at your first inveighing and conference against your said Mistress before the Commissioners of England, 
The inconstancy of the Queen's enemies, first pretending before the Counsel of England her voluntary dismission of the Crown. and after ward that she was deposed.  that she finding herself unable and unmeet 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 forgetting 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 protestations, 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 facto, non relevat, as also the old proverb, Crotodili Lachry●●a, the false traitorous tears of the hypocritical Crocodile.  
Fie therefore, and out upon these your Crocodile tears, whereby you would persuade and make the world believe, that you would redeem and save her honour with your perpetual banishment. And as for the religion ye speak of, it were much to be marveled and sore to be pitied, if it could not be maintained and borne out, without such soul, dishonest and outrageous means and shifts. But all this your great fear, lest that Scotland otherwise should not be able to have and bear the countenance and maintenance of a Kingdom, is mere vain and altogether needless. For why should you thus fear, having such a noble Queen, lineally 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, 
A strange doctrine of Master knoxe against woe man's Government.  to succeed his mother, unless that you be M. Knox's own good scholars, and such of his affinity, that have set up and erected a jolly new school (as we have declared) teaching, that it is not lawful for a woman Prince, to have Civil Government.  
These and many the like things would this good and gracious Imp, reasonably and like a good natural loving child, tell and reprove you of, if he were of discretion and 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. Not more surely, then if ye had hard, as now ye must (for this dainty dish we have reserved for you to the last course) and so proved withal the devisers and procurers of the shameful, vile, villainous murder of the noble young Lord, the Lord Darley, your own mistress and Queen's most dear husband. Whose tender heart never any worldily thing so nigh and so deeply pierced, as did this mischievous note.  
You triumph and vaunt of your glorious victory, 
The queens enemies fond triumph of their victory against her true subjects.  and of the unmerciful slaughter, that you have made upon the Queen's most loving, loyal and faithful subjects. You 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 Gabaonits, whom the Beniamits did defend, and not upon false feigned doings and outrageous ambition, as yours doth against your Sovereign, was a thousand times better and more just, then is this your pretenced quarrel and seditious uproar. And yet the Beniamits gave them a sore grievous and pitiful overthrow.  
And surely it were no ill counsel for ●ou, to remember withal the old saying, ●spice finem: take good heed, what may fall ●●t at the end. You do little weigh and con●ider the great providence of almighty God in this fact, whereby he seemeth to ●une provided such an indifferent way ●nd so free from all sinister suspicion, for the ●rouf and justification of the Queen's innocence and integrity, and for the maintenance and preservation of her name and ●onour (the which she esteemeth and preferreth afore all earthly things) and for your ●tter confusion and shame, the like whereof could not by man be found.  
What shall I then say to you? How shall I begin, or wherein to accuse you? Surely I may well cry out: O heaven, o earth, o God, o man. Hearken, hearken to such a heighnous devilish device and drift, as doubtless 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, willingly and w●● tingly to have slandered therewithal the● most innocent Mistress and Sovereign's and have most wrongfully and full injuriously cast her in prison, and spoiled her of a● her Princely estate, being in a readiness every hour to have bereaved her of her li● and all: and as they have of themselves re● ported, have been of nothing more repe● tant and sorry, then that they have not full● executed their purposed mischief.  
We say then no less boldly, then truly First, that the Queen for this fact is far fr● all fault. We say next, that ye Murray, an● your companions are the very devisers and contrivers of the murder of this noble gentle man, yourselves. But to disclose and ope● these matters at the full, it requireth a very large scope and discourse. Yet will we, a● briefly, as the cause will suffer, prosecute the same. For the first part, that may suffice, that we have already declared, and shall here after declare for her innocency.  
Now before we proceed to the second, for the more evident and open condemnation of these men, let us imagine that to be done, that never was thought of her part to be ●one. Let us imagine and suppose, that the Queen was therein guilty, 
In case the Queen were culpable, yet are her enemies procedigs unlawful.  as these men most ●lsely and slanderously report: yet are all ●hese their proceedings of no validity or ●orce, and she remaineth still their Queen, ●nd in her fulauthoritie, by good reason and ●awe. The zeal to punish great crimes is commendable, 
It is not enough to do a good thing, unless it be well done.  so it be measured by order and ●●we. For as Aristotle saith: It is not enough 〈◊〉 do 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, a good deed: unless it be 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, well done also. The one whereof respecteth ●he fact, the other the form, manner and fashion, the quality, means and order of the ●oing thereof: Quia forma datesse rei. This ●orme and fashion of well doing hath not been observed in your proceedings. For it can not ●e well done, that is unlawfully, 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 la giveth exceptions to the Defendant, against the judges the Accusers and witnesses.  the whole procedings had been of none effect or purpose. The laws of well ordered common wealths, especially the Civil law, the Principal and mistress of all other Civil policies and ordinances, do require in aliudgements to be given against the ●efendant, three several and distinct persons: the judge, the Accuser and the witnesse● The defendant hath the benefit of just an● lawful exceptions, 
C. Qui accusat, non po. L. Iniquum & l. fin. L. qui accusat. ff. de accusa.  aswell against the Iudge● as against the Accusers and witnesses. Ech● of whom may be rejected for open enemy toward the Defendant, and for divers other causes. Accusers may be repulsed, some ●● that they have received a singular benesh of the party defendant, as a bondman m● numitted and made free, in case he will accuse his patron and manumisser: or if a ma● will accuse his educator and bringer vpp●● Some for nearnes in blood and consangu● nitie, as the brother. Some for naught● and infamous behaviour, and some for other respects.  
Shall these ungrateful Traitors then, tha● justly neither can be judge, nor accuser, no● asmuch as witness against their Sou● reign (and to them a most gracious Queen by any reason or law, play themselves a● the three parts in the Tragedy? For the have in all these their worslipful proceeding against her, made such a hotchepoche such a mingle-mangle, such a confuse an● disordered Chaos against justice and Nature: that they themselves were the Accusers, they themselves the witnesses, they themselves the judges and examiners of her cause.  
Is there any honest meaning and gentle natured heart, that can once patiently abide and suffer to hear these their taunting and intolerable outrageous inveying and accusations; especially of the Earls Murray and Murton, the captains, ringleaders and chief practitioners thereof against her, to whom they are most deeply bound, aswell for high preferment 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 aught to be with the rest, as to their Irege Lady most loyally subjecteth. Shall they now with the Lord Lindzay be admitted, to stain and defile her honour, to seek her heart's blood, who long sithence had worthily lost there ingrate churlish traitorous blood, if they had not been preserved by her singular and incredible clemency?  
Yet let us consider their precise and most holy form of judgement. The Queen was disorderly and rebelliously apprehended, she was cast in prison, not once heard to answer for herself, most instantly and pitifully craving audience. She was forced and constrained by most vehement and just fear to give over her Crown, and dimisse the regiment to the Earl Murray. 
A good argument that the Queen by compulsion dismissed the Crown.  One great argument of the said constraint and compulsion among other is, that she never read such writings, as were offered to her, 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 nor surer 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 fond counterfeited. Surely such Traitors, as durst say violent hands upon their Queen, and intrude themselves into the Regal Government, will make but small▪ courtesy in the feigning and forging a letter, thereby to work their purposed mischief.  
I would then father demand of them, what authority they had, to summon and assemble a Parliament? And whether this fact of hers, supposing she were therein guilty, deserveth in her, being a Prince, and considering how heinously the Lord Darley 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 have 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 do 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 violent hands upon their anointed Prince? I found there, that King David was both an adultrer, and also a murderer? I find, that God was highly displeased with him therefore. Yet found 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 needless, and our matters otherwise grow long.  
But yet consider ye with yourself, you the Earls Murray and Murton, with your consociates, that even adjudging 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, 
The Duke Robert of Scotland.  namely in Duke Robert the Governor, Kings Roberts brother) then to have permitted your common wealth to have comen into so miserable and wretched a state, as it is now fallen in, and daily like to be in worse case and worse. I suppose it willbe 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 an 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 precedent, that if these other subjects tread fast upon your steps, there will shortly few Kings and Princes have any sure and fast hold of their Sceptre and Ro●al Dignity.  
We conclude then against you (speak and do the worst by her that ye can invent) that your proceedings be not agreeable or correspondent to law, order and justice, and therefore to be revoked and annulled. We say, that the common rule of the law aught here to take place, Spoliatus ante omnia resti●uendus est: unless 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 pre-eminences 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 aught to be removed, reversed and clearly annulled, and the Queen wrongfully by you displaced, to be restored to her state and former dignity and honour. Then let the whole matter be, if there be any 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 Marray and Murton, ye are to be charged and challenged, beside all other just exceptions, even as the principal inventors maintainers and workers of this shameful and cruel murder, for the which ye have made all this hurly burly, and as I may say, stirred heaven and earth against your own very natural Prince.  
Neither may the Lord Lindzay be heard or suffered, to intermeddle against her, if law take place, for divers his demerits, among which he standeth charged, aswell for that, that he was one of the chief instruments in the slaughter of the Queen's 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 presumptuously and heinously inveigh and declaim before the Commissioners of England against his Mistress pretenced marriage with the Earl Bothwell, seeing that he himself did celebrated the solemnity thereof. Who also was your only Bifshop, that was present at the Coronation of your new erected King. A man most apt and ready to serve all worlds and turns.  
Against you the Earl Murton, besides the murder of the Queen's Secretary and of the Lord Darleye her husband, there are many just exceptions and challenges to be laid and taken, aswell of other misdoings, as of manifold and apparent treasons, which ye seem to have sucked with your mother's milk: ye have been a Traitor so often times to your Prince and Sovereign.  
But the Earl Murray it is, 
Exceptions most just against the Queen's accusers, 〈…〉 lie against the Earl of Murray.  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 weigh and mark the weighty presumptions, that be evident and plain against him. I will make my beginning 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, she sent forthwith for him into France, 
The great benefits employed by the Q. upon the said Earl.  and used his advise and counsel in all her affairs, even as she did also after her return into Scotlad, 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 besides other commodities and advantages, the yearly rent thereof passeth and surmounteth the sum of twenty and six thousand pounds after the rate of their money.  
Behold now the thankfulness of this good and grateful nature. He laboured and endeavoured all that he possibly could, 
He went about, to entail the Crown of the Realm to himself and the Stewards  to withhold the Queen's mind, and stay her from all manner of marriage, and to entail the Groune of the Realm unto himself, though he were illegitimate and uncapable thereof) and to the name and the blood of the Stewards. But when he saw and thoroughly perceived, and well knew, that the Queen was fully minded and earnestly bend, and had now determined to join herself in ma●●ge with the Lord Darley: he practised means by his afsistance and procurements, to have slain him and 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, 
His tebell●● against the Queen  and that the solemnisation of the marriage was already past: he showed himself with his adherents in open field and in arms against the Queen his Mistress. Whereupon he was dr●●en to flee into England. At which his there abode, he instantly solicited and besought for aid against his Sovereign, which was worthily denied him.  
Then began he to practise with the Earl Morton by his letters and messengers about the detestable slaughter of David the Queen's Secretary, who by their mischienous sleights and crafty persuasions, indueed the Lord Darley, promising him to remove the Queen from the meddling with all politic affairs, 
His conspiracy with them, that slew the Secretatie David.  and actually to put him i● possession of the Crown, and of the rule and government of the Realm, to ioyn● with them in this traitorous conspiracy against the Queen his most dear and loving wife and most dread Soveregne. Whereupon the murder was in most horrible and traitorous wise committed in the Queens own chamber of Presence, 
A charged pistilet set to the Queen's belly.  upon him violently plucked from the Queen: she also being cruelly menaced and sore threatened, having also a charged pistolet set to her belly, being then great with child, and then removed from her privy chamber into an other, where she was kept as prisoner.  
The young unexpert and rash Lord Darley, who being blinded with outrageous ambition, could not foresee the devilish drift of these crafty merchants, began now, but almost to late, to espy it: and seeing himself as nigh the danger as was his wife the Queen, repaired to her, most humbly ask her pardon of his heinous attempt, and pitifully crying out to her to provide and find out some present way, to preserve themselves both. Who by the queens politic industry was privily with herself conveyed away out of the Rebels' danger: 
The Q. by her industry conveyed herself away with the L. 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 into Scotland, and repaired to the Queen with as fair a countenance, as though he had been clear, aswell for that fact, as for alother treasons. Whereof the gentle and merciful Queen pardoned him, admitting him again into her Grace's love and favour. Whereat the L. Darley much misliking, and vehemently repining: feared, that he would be, as he was in deed, when he saw his time, revenged upon him, 
The cause, why the Earl Murray hated the Lord Darley.  by cause 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 deeply sank into and pierced the young man's heart, that he finally resolved with himself, by one means or other, to rid the Earl Murray out of the way. Whereabout he went so far forth, that he communicated his purpose to the Queen, who did most highly mislike therewith, and most vehemently deter him from the said his intent. Yet did he brea● the matter farther as to certain other nobl● nien, by whom at the last it was reueale● to the 〈◊〉 arle Murray. Wherefore the Ear● did continually after bear him a deadly enmity and hatred. Whereupon at length all other attempts failing him, this execrabl● murder was by him the said Earl Murray and by the Earl Murton first devised, an● afterward in such strange and heinous fort 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 finister suspicion touching this matter. For he was not at the Court, when this murder was committed: and when the Queen was apprehended he was out of Scotland and who did drive out of Scotland the Earl Bothwel, but the Earl Murray? Who is he, that hath taken so much pains and travail, to bolt and found out, and execute such, as were culpable therein, but the Earl Murray?  
In deed for his bodily presence at the deed doing, I will nothing affirm: he must ●eld the price thereof to his companion the ●arle Bothwel. He must be contented for ●s share, with the pre-eminence and preroat●ue of his special deadly foade toward the Lord Darley, and preposterous policy ●nd wit, so closely and so smoothly to con●ey and compass it, and bear out with so great countenance so heinous a fact, and ●o reward himself for his pains taken ther●n, with the extrusion of his Mistress and Queen, and intrusion of himself, 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 Matchiavels' practices, he had so cunningly contrived the whole matter with his faction, that they should procure not only the Earl Bothwel to be acquitted of the murder, but for his good service to be rewarded with the queens espousals, intending by this mischievous policy, the utter undoing and overthrow aswell of him the Earl Bothwel, as of the Q. herself also.  
There never lacked good will in them, a● it well appeareth by their ungracious doing to have long before overthrown their fa●● 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 to pass with the Earl, whom they intended then as fast to blaze abroad for the murder by him committed, as they did suppress the same before from their good Lady and Queen, 
The cause why the Enemies did impute the slaughter to the Q.  until they had brought her to the bait: it would seem very probable, not only to the eyes and judgement of the rude and common people, but also of many sage, grave, wise and learned men, that she was privy o● her husband's death. Whereby they might pretend one execrable act against her that all men would detest and abhor, to colour and cloak their rebellious treacheries. Lucifer himself could not have fetched a finer and a more mischievous and devilish fetch, than herein these men have done.  
As for the Earl Murraies absence, it doth nothing relieve or excuse him: yea, it is ●ingulerly to be noted and marked, 
The working of Murray in the time of his absence  that his ●ery journeys lack not their fine fetches ●o serve his turn. Through his first journey ●nto France, he won and purchased the high ●ue and favour of his benign Mistress. ●e returneth out of England, at the very point serving two turns at once: by th' one thereof, to cirumvent his good innocent ●adie, thinking to make her believe by reason of his absence, ethat he was far from the society of that conspiracy: by the other, to ●ssist 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 sovereign's 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 life, and of her child. Yea, the very scope of this devilish 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 mysteries full stuffed with such mischievous purposes, lo, wrought this Earl in this 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, he took his journey into France, leaving the Earl Bothwel 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 intrudeth 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 and brother dwelleth: unto the which Fortress she should have been sent, as we have said, at the first conspiracy of the said 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 Bothwel, 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 and narrow search for the murderers, 
Murray and Morton the heads of the conspiracy against the L. Darley.  and did severely punish them: to this we reply and say, that he needed not, to travail much or far for the sewing out of this matter. For he might at all times have found the heads of the conspirators upon the Earl Murtons' and his own shoulders.  
We say farther, that as it is a strange and 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 seemeth wondered, to love him so tenderly, being deceased and dead, whom he so deeply hated living. And to seek so seriously and severely to punish the murderers of him, whom he would so often have murdered himself.  
This gear seemeth (to us poor simple and slender witted men) unlikely, incredible and half repugnant to nature. And whatsoever the cause be, we be of that mind, that it is not likely to proceed of any fervent zeal or great affection he beareth to the party, or to the execution of justice.  
You 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, 
2. Machab. 3 & 4.  as well in holy Scripture and in the monuments of Antiquity of divers other Countries, as of England, and especially of Scotland itself.  
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 marvelously tendered God's honour, and the honour and wealth of his Country. There was also at the same time one Simon, a very evil disposed and wicked creature, which went about certain naughty and wicked devices. But seeing that he could not achieve his mischievous purpose, by reason this blessed man Onias stayed, stopped and prevented him, he practiseth this wicked devise.  
He causeth King Seleucus to be infour●ed of the great and inestimable treasure remaining and reposed in the Temple at Jerusalem. Whereupon the King sent Heliodorus, to fetch away by force the said treasure.  
But afterward when this purpose chanted 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 also 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 the Earl Murray 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 found in the Chronicles of our Realm, that albe it 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 incensing and privy consent) yet he pretended outwardly great sorrow, weeping and lamenting the murder of him, the which he nevertheless longed for, and was the occasion of the same. 
Hect Boet. Lib. 11. The Earl of Murray resembled to Dunwaldus, that procured the slaughter of King Duffus in Scotland.   
As for Scotland, I report me to the Tragical history of King Duffus slain by a Nobleman named Dunwaldus, who was in great estimation and authority with the said King. When the King was a bed in the Castle, whereof this Dunwaldus had the keeping, he banqueted his Chamberlains, and so oppressed them with immoderate surfeiting and drinking, that when they were once gotten about high midnight to sleep in their beds, ye might have rung a great be● over their heads long, ere they would wake: who being in their dead and deep sleep, the King was murdered and slain by such as this Noble man had suborned. His dead body was carried away and 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 imbrued with blood. Has drowsy drunken Chamberlains, that lest knew of the matter, were had in greatest suspicion, and without farther delay, by the said Dunvaldus like a man zealous to punish malefactors, 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, 
Idem li. 16.  and afterward other things bread upon him such suspicion, that he was there upon apprehended, and being found guilty, worthily executed.  
The like prank played Duke Robert brother to the King of Scotland, 
The like pa●te played by Duke Robert in Scotland.  and Governor of the Realm, of whom we spoke before. He procured the Prince his nephew to be made away and murdered, and yet pretending himself as holy, as Murray doth, to be zealous in the punis●hing of such an heinous fact, caused certain innocent persons to be executed therefore.  
We say then, that the Earl Murrayes doings proceed not from any great care he hath to the maintenance of law and justice, who is most culpable himself: but only colourably 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 though they had openly in their pretenced and disordered Parliament detected her thereof: yet before the English Commissioners they alleged other matters, as her voluntary resignation of the Crown, etc. The which allegations, when they well saw, would not serve their turn, and that men did understand, how and after what sort they had proceeded against her in Scotland: they were, as it were, driven and forced, being excluded from all other apparent shifts, 
The Earl Murray and his fellows being driven from all other shifts, at length laid to their Queen the death of the Lord Darley before the Counsel of England.  after seven or eight weeks advisement, after their first invective, to object the said fact against her.  
Whereof the good innocent Queen hearing, and astonished at their strange and contumelious canuasinges and impudency in their doings, and being sigh 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 chief invented and compassed by the Earls Murray and Murton: made earnest suit by her Commissioners, to arrest them, that they should not shrink away and departed, 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 desired farther, that she might come in her own person before the 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 small while made much hot stir But when they had well considered and digested the matter, looking in their own breasts, they become upon the sudden so cold, 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 Murrais 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 disposition and nature, in any respect of worldly commodity, so to dishonour herself and state, and even as th'earl Murraies birth and natural inclination were most apt and meet to work such naughty practices: so were there many occasions also for his part, such as he had best liking and contentation of, to the putting of the same in practice.  
Among other things, it pincheth him and all his faction, 
The causes why the Earl Murray went about aswell to make away the L. Darley, as to depose the Queen.  and grieveth them to the very heart, to remember the revocation the Queen had made the April before of all such things, as appertain to the Crown, that had by herself or others in her minority, been alienated. Which revocation by an old law and order in Scotland, the Princes there may make before the accomplishment of twenty and five year of age. Now had the Earl Murray and his faction, by one means or other, gotten into their hands and possession, two parts of the yearly revenues of the whole Crown.  
See, see, I pray thee, good Reader, if this were not the very undoubted cause, that made him and them so pitiful and so tender hearted toward the L. Darley being dead, whose death they had so long thirsted 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 thought 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 with all the public affairs, and to the Government of the Realm under the title of the good Infant the Queen's 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 brought to pass for them even according to their heart's 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 hide and kept their doings from the world, especially fro their good Queen, until they had quitted th'earl Bothwel, and coupled him most dishonourably with that upright and well meaning Lady in pretenfed marriage, they could never bring their matters to pass. And for all their vain bragging and outfacing (as it were) their innocent Sovereign: their whole wicked drift is derected, 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 Harris 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 fore knowledge of the same murder? Did not he, nulla circuitione usus, flatly and plainly burden you; that you riding in Fiffe, and coming with one of your most assured trusty servants the said day, wherein you departed from Edinburgh, 
The Earl Murray declared the day before that the L Darley should be slain. divers assembles of the Earl Murray and his adherents to consult upon the slaughter of the L. Darley.  said to him among other talk: This night ere morning the Lord Darley shall loose his life?  
Is it not full well known, think ye, that ye and the Earls Bothwel, Morton and others assembled at the Castle of Cragmiler and other places at divers times, to consult and devise upon this mischief? If need were we could rehearse and recount to you the whole sum and 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 L. Darley.  
We can tell you, 
Indentures made and subscribed for the execution of the said purpose.  that there were interchangeable Indentures made and subscribed by you, that he which had the best opportunity offered to make him away, should forthwith take it in hand and dispatch him  
We can tell you, and so can five thousand and more of their own hearing, that john Hepborne the Earl Bothwels servant, being executed for his and your traitorous fact, did openly say, and testify, as he should answer to the contrary before God, that you were principal authors, counsellors and assisters with his Master of this execrable murder: and that his said Master so told him, and furthermore, that he himself had seen the Indentures we spoke of.  
We can tell you, that john Hay of Galoway, 
divers excuted in Scotland for the said murder. whereof none could charge the Queen.  that Powry, that Dowglish, 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 aware thereof.  
Well, we can farther tell you of the great goodness of God, and of the mighty force of the truth. Whereby though ye have wonderfully turmoiled and tossed, though ye have racked and put to death aswell innocents, as guilty, your own confederates, and offered many of them their pardons, so they would depose any thing against the Queen: God hath so wrought, that as for no torments nor fair promises they could be brought, falsely to defame their mistress: 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 England doth well know these your detestable practices, neither will suffer itself to be spotted with the favouring 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 adulteress, being the adulterers themselves, and brought 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 shall be, and that in the mean while God hath as woderfully delivered out of your hands this our innocent Susanna, as ever he did the other from them. For though she were kept so strait in a strong Forstresse and Castle with watch and ward, 
The Q. in a manner miraculously delivered out of Lochleven prison  in such fort, that none of her well willers and friends, not not so much as the French Kings Ambassadors might be suffered to come at, or to speak with her: though she were daily guarded with great number, though the gates were every evening surely and customably locked, and the keys thereof were continually night by night delivered to the Lord of the said Castle: though the boats were continually fastened and locked up: yet God so wrought, 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 and brought up in the same house. Which feat by him wrought, and a token or signification given thereof to the Queen, she departed out of her prisonhouse 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 and her waiting maid withal, 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 and conducted to Hamilton: where she before her Nobili●e revoked, annihilated and made void all that she did in prison before, with solemn protestation upon her oath, that she was violently forced thereto, and put in just ●eare of the loss of her life.  
After this it pleased God to put her in mind, to take her journey into England, aswell for the special and comfortable promises to her made before her comnig, by messengers, letters and tokens sent from the best there, both comforting and promising her (opportunity serving) all convenient succour and help, as that we Englshemen (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 thoroughly know and fully understand, to our great comfort, her pureness, integrity and innocency in the matter: under pretence whereof her traitorous and rebellious subjects, thereby to accomplish their seditious and ambitious minds and purposes, have molested, vexed and disquieted her in manner aforesaid, and now at the last ●epe 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 to hear and examine all such matters, as th● Rebels should lay against the Queen, have not only found the said Queen innoce● and guiltless of the death of her hushand 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 o● her, now perfectly knowing her innocency and thereto moved through other prince's qualities resplendent in her, 
The Commissioners appointed in England to hear the Queen of Scotland her matters well liked of her said innocency and of her title to the succession of the Cioune.  with ma● whereof she is much adorned and singule●ly endued: that they have in most earne● wise solicited and entreated, that she might be restored again to her honour an● Crown. They have moved the said Quen● 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 noblemen of this our Realm acknowledge and accept her for the very true and right heir apparent of this Realm of England, being fully minded and always ready (when God shall so dispose) to receive and serve her as their undoubted 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, although they never as yet came in her 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 Queen's integrity, and for the uprightness of her cause, 
An exhortation to the Earls Murray and Murton and others to reconcile themselves to the Q.  the which I would wish you the Earls Murray and Murton with your allied confederates, before all other, most deeply and betimes to weigh and consider accordingly, as th● weight and greatness of the cause, as your own safety with the wealth and honour of your own native Country do require. I am not ignorant, that the matter is gone very far with you, and that many impediments do concur to withdraw you, to seek that remedy for reformation of things past, which is the best and the only remedy. But surely when ye have fully weighed all things on every side accordingly, 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 grievously offended and molested.  
Let not the greatness or number of your treasons wrought against both your Queen and Country, let not any vain false imagined opinion either of the shame of the world, or of your utter overthrow, by reason of 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. 
The Q. of Scotland full of mercy.  You best know, that among all the Princely ornaments and virtues of your Queen, her mercy and clemency are singular and peerless. She seemeth well to have learned that lesson of the Gospel: If thy brother do offend thee, forgive him, not only seven times, but seanenty times seven times. She will not only forgive, 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 to them) to be showed and practised. She will rather like the law of 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, oblivion and forgetfulness, so much of the Writers commended. The great benefit whereof ye have so often and so abundantly 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 itself, and not in the amending and reforming of ill deeds, which amendment and reformation if ye earnestly and truly mind, it willbe 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 amendss for that which is past, 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 must 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 nought, 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 dounewards 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.  aswell by your own very Stories 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 those persons, that work, attempt, practice and maintain the same. They seem 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 continued, that is builded but upon a yielding sandy ground? You have builded and founded all your doings upon untrue and lying slanders and treacherous treasons against your dread Sovereign. The sincere verity whereof we have herein truly declared. The which being once thoroughly detected, and evidently known to such, as ye have in Scotland craftily abused, and shamefully circumvented (as surely it daily bursteth out more and more) ye shall see yourselves 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 shall be left alone at home, so can ye not look for maintenance and upbearing 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 Scotland to be injuried by her subjects.   
Nay, ye must rather think, that other Princes will judge and take it to touch the● to nigh, to suffer such a villainy to pass an● escape unrevenged, and so good a Lady t● be left destitute and desolate. The Emperou● will not bear it, France will not bear i● Spain will not bear it. And especially England with her worthy Nobility will no● bear or suffer such outrageous dealings against their next loving neighbour, yea against the heir apparent of this most noble Realms albe it that ye with your surmised lies, the better to maintain your usurped and new erected Kingdom, put others in fear o● their own state, in case the said innocent Queen should be restored to her Crown again.  
FINIS.   

the tears of an english heart. And his sudden arrival here with all the manner and circumstances thereof would yield new arguments of an other much longer discourse. For first his coming hither as it were in a mask, bewrays a strange melancholic nature in himself: who delights to make all his journeys in such sullen solitary sort, & therefore belike an ill companion to live withal in any fellowship. Then it shows his extreme want of ability to defray the expense of wooing in a bountiful show sitting such a prince as cometh to obtain out Queen. This his secret coming & departing, discovers a mistrustfulness in him towards our people, and therefore no love, which must needs come from his own ill conscience of fearing french measure in England. for on our part (the Lord be thanked) we have not committed such villenies all men deem him unworthy to speed who comes in a net as though he were loathe to avow his errand. Some men may think he is ashamed to show his face, but I think verily that he means not sincerely who loves not light & will not come abroad. The last noble princely gentleman that went out of England to win a Queen in france gave trial & show of wisdom, manhood, behaviour, and parsonage, by open conversation & performing all manner of knightly exercises: which makes us in England to found very strange, this unmanlike, unprincelike, secret, fearful, suspicious, disdainful, needy french kind of wooing in Monsieur, & we can not choose but by the same still, as by all the other former demonstratife remonstrances, conclude that this french marriage, is the straightest line that can be drawn from Rome to the utter ruin of our church: & the very rightest perpendicular downfall that can be imagined from the point france to our English state: fetching in within one circle of lamentable fall the royal estate of our noble Queen, of her person, nobility, and commons. whose Christian honourable, healthful, joyful, peaceful, and long, sovereign reign without all superior overruling commander, especially french, namely Monsieur, the king of kings hold on, to his glory and her assurance of true glory in that other kingdom of heaven. Amen Amen. Amen.   

A TREATISE TOUCHING THE RIGHT, TITLE, AND INTEREST OF the mighty and noble Princess Marie, Queen of Scotland, to the succession of the Crown of England.  
Made by Morgan philip's, bachelor of Divinity, assisted with the advise of Antony Broune Knight, one of the justices of the Common Place. An. 1567.  
LEODII. Apud Gualterum Morberium. 1571.   

A TREATISE TOUCHING THE RIGHT, TITLE AND INTEREST OF the mighty and noble Princess Marie, Queen of Scotland, to the succession of the Crown of England. The Second Book.  
THE great providence, good Reader, of the eternal God, who of nothing created all things, did not only created the same by his ineffable power, but by the same power gave a special gift and grace also to every living thing, to continued, 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 pierogative of wit and reason among all earthly creatures.  wherewith he only is of God graciously endued and adorned: by the which he doth provide not only for his present necessity and safeguard (as do also naturally after their sort all beasts, and all other living things void of reason) but also by the pregnancy of wit, and reasonable discourse doth long afore foresee the dangerous perils that many years after may happen, either to himself, or to his Country: and then by diligence and careful provision doth invent apt and meet remedies for the eschewing of such mischiefs, as might outrageously afterward occur. And the greater the fear is of greater mischief: the greater, the deeper, and the speedier care is wont to be taken, to prevent and cut of the the same.  
It is also most certain by the confession of all the world, 
Men are most bound to the preservation of their Country.  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 reverently to honour, dread, and obediently to serve their Sovereign, 
A great commodity to the common wealth, to know the heir appa rent.  that chanceth presently to rule and govern. The next, to foreknow, to whom they should bear their allegiance, after the decease of their foresaid Prince and Governor.  
Which being once 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 is among them discord and diversity of judgements: the matter groweth 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 subversion of the whole state.  
For the better avoiding of such and the like inconveniences (albeit at the beginning Princes reigned not by descent 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, 
Why all the world almost doth embrace succession of Princes rather than election.  though otherwise perchance not so mete. 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 to Princes: that the whole world in a manner these many thousand years hath embraced succession by blood, rather than election. And politic Princes, 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 know the true and certain Heir apparent, chief, where there appeared any likelihood of variety of opinions or faction to ensue about the true and lawful succession in government.  
This care and foresight doth manifestly appear to have been not only in many Princes of foreign countries, but also of this Realm, as well before the time of the Conquest, as also after, namely in King Edward the Confessor, 
Flores histor. anno 1057.  in declaring and appointing Eadgare Atheling his nephews son his heir, as also in King Richard 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 Commous, 
Richardus Canonicus sanctae Trinit. Lond. Flor. histo anno 1190. Polid li. 14  Arthur son of his brother Duke of Britain, his next heir in succession of the Crown. Of the which Arthur, as also of the said Eadgare Atheling we will speak more hereafter.  
This care also had King Richard the second, what time by authority of Parliament he declared the Lord Edmond Mortymer, that married Philippe daughter and heir to his Uncle Leonel Duke of Clarence, 
Polid li. 20  heir apparent. And to descend to later times, our late Noble Sovereign King Henry the eight showed, as it is known, his prudent and zealous care in this behalf before his last noble voyage into France.  
And now, if God should (as we be all, as well Princes, as others, subject to mortal chances) once bereave us of the present Governor, the hearts and judgements of men being no better, nor more firmly settled and fixed towards the expectation of a certain succession, than they seem now to be: then woe and alas: it irketh my very heart, even onse 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 later 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 sounding 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 personages: I take it the part of every true Englishman, 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 Thames 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 aforesaid. 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 his part and vocation, have a vigilant care and respect, to the extinguishement of this fire already sprung out, that may (if the matter be not wisely foreseen) destroy, subvert and consume, not one City only, but import an universal calamity and destruction?  
Which to repress, one ready and good way seemeth unto me, if men may know and be thoroughly 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, whereunto they have to lightly given 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 revoked: and shall in this Treatise do my best endeavour, to remove, not presuming 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, which of late have been set forth by the Adversaries, and after the diligent weighing of divers arguments to the contrary, seem unto me sufficient to satisfy any honest and indifferent man, that is not obstinately bend 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, is at this time 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 forbidden 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 right heir apparent to the Crown of England.  Lady Marie Queen of Scotland) I hope, that when her right and just title shallbe thoroughly heard and considered by the indifferent Reader, if he be persuaded already for her right, he shallbe more firmly settled in his true and good opinion, and that the other parties, being of a contrary mind, shall find good causes and grounds, to remove them from the fame, and to give over and yield to the truth.  
Her Grace's Title then, as it is most open and evident, 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 Queen's daughter, herself a Queen, daughter to the late King james of Scotland, son to Lady Margarete 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 Francis, late wife to Henry Marques Dorsette, afterward Duke of Suffolk: 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 farne 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 grounded 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 usage and long continuance 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 extinguish, or at the lest 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 parliaments.  
And albe it, it were enough for us (our cause being so firmly and surely established upon all good reason and law) to stand at defence, and only to avoid (as easily we may) their objections, which principally and chief are grounded 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 Treatise, and the effects of the same well digested, no manner of scruple aught to remain in any indifferent 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 righteousness of our cause: yet must we needs confess, the manner and form to entreat thereof to be full of difficulty and perplexity. 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. 
Inst. de just. & iure §. fin.  Neither do our laws, nor the Corpse of the Roman and Civil law lightly meddle with the princely government, but with private men's causes.  
And yet this notwithstanding, for the better justification of our cause, albe it I deny not, but that by the common law it must be known, who aught 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 King's 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. In Prologo suo eiusdem li. fo. 1. et 2. De dict. Ranulpho Glanuilla vide Giraldum Cambren. in topogra. de Wallia.  For the prous whereof let us consider, what the common law of this Realm is, and how the rules thereof be grounded and do take place.  
It is very manifest and plain, that the common law of this Realm of England is no law written, but grounded only upon a common and general custom throughout the whole realm, as appeareth by the Treatise of the ancient and famous Writer of the laws of the realm named Ranulphus de Glanuilla, who wrote in the time of the noble King Henry the second, 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 counsellor and justice of the same King, 
Fortescue de lau. Leg. Angl. c. 17. ●. E. 4.19.33. H. 6.51. Pinsons' print.  and also by the famous justice Fortescue in his book which he wrote being Chancellor of England De laudibus Legum Angltae. And by 33. H. 6.51. and by E. 4.19. Which Custom by usage and continual practice heretofore had in the kings Courts within this Realm is only known and maintained: wherein we seem much agreeable to the old Lacedæmonians, who many hundred years past most politicly and famously governed their common Wealth with law unwritten: 
Inst. de iure natura. gent & civil. §. ex non script.  whereas among the Athenians the written laws bore 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, and nothing at all prove it. For nothing can be said 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 King's courts. 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, which ye ●●ther have showed, or can show, that 〈◊〉 been taken by any just construction to 〈◊〉 tend unto, or bind the King or his Crou●●●. I will not deny, but that to declare and see 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.  
You 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 exception, ye also say, must needs 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 ignorant, or else very careless of your credit. For it doth plainly appear by the Statute of 25. 
25. E. 3.  E. 3. (being a declaration of that rule of the Law, which I suppose ye mean, terming it a Maxim) that that rule extendeth not unto the kings children.  
Whereby it most evidently appeareth, that it extendeth not generally to al. And if it extend not to bind the kings children in respect of any inheritance descended unto them from any of their Ancestors: it is an Argument à fortiori, that it doth not extend to bind the King or his Crown.  
And for a full and short answer to your Authorities set forth in your marginal Notes, as 5. Ed ward. 3. tit. Ayle. 13. Ed war. 3. tit. Bref. 31. Edw. 3. tit Coson. 42. Ed war. 3. fol. 2. 22. Henric. 6. fol. 42.11. Henric. 4. fol. 23. & 24. Litleton. ca vilenage: it may plainly appear unto all, that will read and peruse those 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 seem 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 only concerning the disability of an Alien borne, and not denizen, 
The adue● sacies case pettineth to subjects only.  to demand any lands by the laws of the Realm by suit and action only, as a subject under the King, 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? Not verily, not one world, I dare boldly say. As it 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 seem to understand, that your rule of disability is a general Maxim of the law: so me thinketh ye should not be ignorant, that it is also as general, yea a more general rule and Maxim of the law, 
No Maxim of the law bindeth the Crown, unless the Crown specially be named.  that no Maxim or rule of the law can extend, to bind the King or the Crown, unless the same be specially mentioned therein, as may appear by diverse 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 bound.  
As for example: it is very plain, that the rule of the tenant by the Courtesy is general without any exception at al. 
Of the tenant by the courtesy  And yet the same bindeth not the Crown, neither doth extend to give any benefit to him that shall marry the Queen of England. As it was plainly agreed by all the lawyers of this Realm, when King Philippe 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 Philip should not claim any Title to be Tenant by the Courtesy.  
It is also a general rule, 
Nor that the lands shallbe divided among the daughters.  that if a man die seized of any lands in Fee simple without issue male, having diverse daughters: the land shallbe equally divided 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, and also every reasonable man knoweth by usage to take no place in the succession of the Crown. For there the eldest enjoyeth all, as though she were issue male.  
Likewise it is a general rule, that the wife after the decease of her husband, shallbe endowed and have the third part of the best possessions of her husband. 
Not the wife shall have the third part.  And yet it is very clear, that any Queen shall not have the third part of the lands belonging to the Crown, as appeareth in 5. E. 3. Tit. praerogat. 
5. E. 3. Tit. praerog. 21. E. 3.9. & 28. H. 6. Nor the rule o● Possessio fratris etc.  21. E. 3.9. & 28. H. 6. and divers other books.  
besides that, the rule of Possessio fratris, being general, 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, as 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 other, 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 her sister 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, as also in all other Courts is manifest) do make their conveyance as heirs in blood th'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, that is to wit, begotten of one father, but borne of sundry mothers.  
It is also a general rule in the law, that the executor shall have the good and Chattles of the testator, 
Nor that the executor shall have the goods and Chattles of the res●atour. 7. H. 4. sol. 42.  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. It is likewise a general rule, that a man attainted of felony or treason, his heir through the corruption of blood without pardon and restitution of blood, 
Nor that a traitor i unable to take lands by discente and without pardon.  is unable to take any lands by discente. Which rule although it be general, yet it extendeth not to the discente or succession of the Crown, although the same Attainder were by act of Parlament, as may appear by the Attainder of Richard Duke of York, and King Edward his son, and also of King Henry the seventh, who were attainted by act of Parliament, and never restored, and yet no disability thereby unto Edward the fourth, nor unto Henry the seventh, to receive the Crown by lawful succession.  
But to this you would seem to answer in your said book, saying, that Henry the seventh, notwithstanding his Attainder, came to the Crown, as cast upon him by the order of the law: forasmuch 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 Henry the seventh 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 notwithstanding: 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, making a difference in the law between the case of Attainder, and the case of foreign birth out of the kings allogeance: 
An answer to the Adversary making a difference be tween Attainder and the birth out of the allegiance.  saying, that in the case of the Attainder neessitie 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 proof thereof, ye put a case of I.S. being seized of lands, and having issue 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 issue 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 descent, but also and chief 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 prouf thereof? You 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. 
22. H. 6. fol. 43.  And there may you see the opinion of justice Newton, 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 descent, where the eldest son was borne beyond the seas, durst not abide in law upon the title. This authority is against your difference, and this authority I am well assured 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, that neither the King, nor his Crown is bound by these general rules, which before I have showed: so do I likewise say of all the residue of the general rules and Maxims of the law, 
The suppo sed Maxim of the adversaries touching not Kings borne beyond the sea, as appeareth by King Stephen and King H. 2.  being in a manner infinite.  
But to return again unto your only supposed Maxim, which you make so general, concerning the disability of persons 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, and by King Henry the second, who were both strangers and frenchmen, and borne out of the kings allegiance, and neither were they 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, 
The adversaries objection touching King H. 2. avoided.  how you would shift your hands from the said King Henry. You say, he came not to the Crown by order of the law, but by capitulation, 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 although 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 doubted, 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 Queen's child, and so King by the rule of the common law. Truly I know, he was an Empress child, but no Queen of England's child. For although Maude 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 Henry the second can not justly be said, to be a Queen of England's child, nor yet any kings child, unless ye would intent 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 truly, that he was the child of King Henry the first, being in deed the son and heir of Maude the Empress, daughter and heir of King Henry the first. Whereby your said rule is here foully foiled. 
As touching Arthur King Richard's nephew. ut autem pax ista. & summa dilectio, tam multiplici, quam arctiori vinculo connectatur: praedictis curiae vestrae Magnatibus id ex part u● stra tractantibus Domino disponente condiximus, inter Arthurum egregium D● cem Britamniae, nepoten nostrum & haeredem si forte sine prole obir● nos contig● rit, & filiam uestram matrimonium contrahendum etc.   
And therefore ye would feign, for the maintenance of your pretenced Maxim, catch some hold upon Arthur the son of jeffrey, one of the sons of the said Henry the second You say then like a good and jolly Antyquarie, that he was rejected from the Crown, because he was borne out of the Realm. That he was borne out of the Realm, it 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 Arthur, taking his journey toward Jerusalem, declared the said Arthur (as we have declared before) to be heir apparent 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 although King john did usurp, aswell upon the said King Richard the first his eldest brother, as also upon the said Arthur thur his nephew: 
In tractatu peace inter Richa. 1. & Tancredun Regem Si ciliae. Vide Reg. Hoveden. & Richardun Canonicum S. Trinitatis Londin.  yet that is no proof, that he was rejected, because he was borne out of the Realm. If ye could prove that, than had you showed some reason and precedent to prove your intent, whereas hitherto you have showed none at all, nor I am well assured shall never be able to show.  
Thus may ye see, gentle Reader, that neither this pretenced Maxim of the law set forth by th'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 prove, 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 clearly 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 somewhat 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 any statute, that by good and just construction can seem to inpugne the said title of Marie the Queen of Scotland, or no. For touching her lineal descente from King Henry the seventh, and by his eldest daughter (as we have showed) there is no man so impudent to deny. 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 untruly set forth, that I can not well agreed, that it is any rule or Maxim of the common law of this Realm of England. Your pretenced Maxim is, whosoever is born out of the realm of England, and of father and mother not being under the obedience of the King of England, cannot be capable to inherit any thing in England. 
A false Maxim set forth by the Adversary.  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. & 9 of king Edward the fourth, 
7. E. 4. fo. 28.9. E. 4. fo. 5.11. H. 4 fo 25.14. H. 4. fo. 10.  and also in 11. & 14. of king Henry the fourth. And although 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 thereunto 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 very plainly, that your general Maxim, where upon you have talked and bragged 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 fartther, whether there be any rule or Maxim in the common Law, that may seem 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 anno 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 feaith 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. Whereupon it is to be gathered by dew and just construction of the statute, and 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 Adversaries do mean. But to stretch it generally to all inheritances (as the Adversaries would seem to do) by any reasonable means can not be. For (as I have said before) every stranger and Alien borne, may have and take inheritance, 
the statute of Edw. 3 An. 25. to ● ch in●e ritance, not purchase. ● H. 4. fo. 25.  as a purchaser. 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 purchaser. Noman doubteth, but that a denizen may purchase lands to his own use: but to inherit lands, as heir to any person within the allegiance of England, he can not by any means. So that it seemeth very plain, that the said rule bindeth also Denyzons, and doth only extend to Descents 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 beginning 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 not, and then consider upon the consequent. 
Scotland is within the allegiance of England.  That the Queen of Scotland was borne in Scotland, it must needs be granted, but that Scotland is out of the allegiance of England, though the said Queen and all her subjects of Scotland, will stourly affirm the same: yet there is a great number of men in Eng and, both learned and others, that be not of that opinion, being lead and persuaded thereto by divers histories, Registers, Records and Instruments of Homage, remaining in the treasury of this Realm, wherein is metioned, 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 (notwithstanding it be commonly denied by all Scotsmen) then by the laws of this realm Scotland must needs be accounted to be within the allegiance of England. And although 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 fourth year of the reign of our late Sovereign Lord King Henry the eight, was out of the allegiance of the kings of England. 
The Lord loseth not his signory, though the tenant doth not his service  For the law of this Realm is very plain, that though 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 notwithstanding.  
But peradventure some will object and say, that by that reason France should likewise be said to be within the allegiance of England: forasmuch as the possession of the Crown of France hath been within a little more than the space of one hundred years now last passed, lawfully vested in the kings of England, whose right and title still remaineth.  
To that objection it may be answered, that there is a great difference between the right and title, which the Kings of England claim to the Realm of France, and the right and title which they claim to the Realm of Scotland. Although it be true, that the Kings of England have been lawfully possessed of the Crown of France: yet during such time, as they by usurpation of others are dispossessed of the said Realm of France, the same Realm by no means can be said to be within their allegiance: especially considering, how that sins the time of usurpation, the people of France have wholly forsaken their allegiance and subjection, which they did own 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 otherwise.  
For the Title, which the Kings of England 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, sith the time of King Henry the eight, have intermitted to do the said homage and fealty unto 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, not lead by affection, that the Realm of Scotland hath been, and is yet within the allegiance and dominion of England. And so is the Antecedent or first proposition false. And yet that maketh no proof, that the Realm of France likewise should now be said to be within the allegiance of the Kings of England, by reason of the manifest and apparent difference before showed.  
But what if your Antecedent were true, and that we did agreed both with the said Queen of Scotland 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 comprised within the pretended Maxim.  And that principally for three causes, whereof one is, for that neither the King, not the Crown (not being specially mentioned in the said rule or pretended Maxim) can be intended to be within 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 Crown can not be taken to be within the words of the said supposed Maxim: and that for two respects: one is, because the rule doth only dishable Aliens to demand any heritage within 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 itself. As for a like example: it is true, that all the lands within the kings dominion are held of the King, either mediately, or immediately: and yet it is not true, that the Crown (by which only the King hath his Dominion) can be said to be held of the King. 
Without the crown there can neither be King nor allegiance  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, there is no allegiance at al. So that the Crown can not be said by any means to be within the allegiance of England: and therefore not within the words of the said rule or Maim. The Title of the Crown is also out of the words and meaning of the same rule in an other respect: and that is, because that rule doth only dishable an Alien to demand lands by descent as heir. For it doth not extend unto lands purchased by an Alien, as we have before sufficiently proved. 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 of private inheritance, but goeth by succession, as other corporations do.  
No man doubteth, but that a Prior Alien being no denizen, 
40. E. 3. fol. 10. 13. E. 3. Tit. Bref. 264.16. E. 3. iurans desait. 166.17. E. 3. tit. scire fac. 7. A Deane, a Person, a Prior being an Alien may demand land in the right of his corporation. An 3. R. 2.6. C. 3. fo. 21. tit. droit 26. lib. Ass. p. 54.12. li. Ass. tit. enfant. 13. H ● fol. 14.7. E. 4. fol. 10.16. E. 3. iurans defait 9 H. 6. fol. 33.35. H. 6. so. 35.5. E. 4 fol. 70.49. li. Ass. A. 8● 22. H. 6. fo. 31.13. H. ●. so. 14.  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 deniznos, might demand land, in respect of their corporations, not withstanding the said supposed rule or Maxim, as may appear by diverse book cases, as also by the statute made in the time of King Richard the second. And although the Crown hath always gone according to the common course of a Descent: yet doth it not properly descend, but succeed. And that is the reason of the law, that although 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 Crown: even as a Person, Vicar or Deane, or any other person incorporate shallbe. Which can not by any means be said in law, to be within age in respect of their corporations, although the corporation be but one year old.  
besides that, the King can not by the law avoid the Letters Patentes 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: 
The King is always at full age in respect of his Crown.  whereas in Descents of inheritance the law is otherwise. For there the heir may avoid all estates made by the disseafour, 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 Descent only. And that is likewise an other reason, to prove, that the King and the Crown can neither be said to be within the words, nor yet with in the meaning of the said general rule or Maxim.  
The third and most prncipall cause of all is, for that in the said statute, whereupon the said supposed rule or Maxim is gathered, the children descendantes and descended of the blood royal by the words of Infants de Roy are expressly excepted out of the said supposed rule or Maxim. 
The King's children are expressly excepted from the surmised Maxim.  Which words the Adversaries do much abuse, in restraining and construing 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 word Infants, being the usual and original word of the statute written in the French tongue, countervaileth) doth comprehend by proper and peculiar signification not only the children of the first degree, 
● Liberorun ff. de uerborum signific.  but other Descendants also in the law, saying: 
L. Sed & si de in ius uo cando instit. de haere. ab intest.  That he who is manumissed or made free, shall not commence any Action against the children of the Patron or manumissour without licence, not only the first degree, but the other also is contained. 
L. Lucius ff. de baered. instit. L. justa. & L. N●torū. & L. Liberorum de verb. signif. L. 2. § s● matter ad S. C. Tertul. L. Filius. de S. C. Maced. L. Senatus de ritu nug●.  The like is, when the law of the twelve Tables saith: The first place and room of succession, after the death of the parents that die intestate, is due to the children, which succession appertaineth as well to degrees removed, as to the first. Yea in all causes favourable (as ours is) this word son Filius, containeth the nephew, though not by the property of the voice or speech, yet by interpretation admittable in all such things, as the law disposeth of. As touching this word Infants, in French: We say, 
L quod s● nepotes. ff. test. cum notatis ibid.  that it reacheth to other Descendants, as well as 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 our English tongue) to counterpaise the said French word Infants, 
Infants in French countervaileth this word liberi in lat.  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, 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 appertain 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 willbe very hard for the Adversary, to give any good and substantial reason, 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, as by a more pleasant plausible name, 
The grand fathers call their nephews, sons. L. Gall●●. § Instituens. ff. de liber. E● post. l. ff. C. de impub. Al●is substan c 1. q. 4 Father and son counted in person and flesh, in manner one  not only their children, but their sons also, and for that the son being deceased (the grandfather surviving) not only the grandfathers affection, but also such right, title and interest, as the son hath by the law, and by proximity of blood, grow and draw all to the nephew, who representeth and supplieth the father's place, the father and the son being counted in person and in flesh in manner but as one. Why shall then the bore and naked consideration of the external and accidental place of the birth only sever and sunder such an entire, inward and natural conjunction? Add thereunto, the many and great absurdities, that may hereof spring and ensue.  
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, 
Great absurdity, in excluding the true and right successor, for the place of his birth only.  gave their daughters out to foreign, and sometimes to mean Princes in marriage. Which they would never so often times have done, if they had thought, 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 the children, to succeed their grandfather.  
This absurdity would have been more notable, if it had chanced 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 grandmother, they having none other issue so nigh in degree: then would this late framed Maxim have excluded the same son lamentably 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 appurtenances, of the Dukedom of Milan, and other lands and Dominions in Lombary and Italy, as also from the Dukedoms of Brabant, Luxemburg, Geldres, Zutphan, Burgundy, Friesland, from the countries of Flanders, Artois, Holland, Zealand, and Namurs, and from the new found lands, parcel of the said Kingdom of Spaine*. 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 therein this rigorous pretenced rule, that should by one hundred part countervail this importable loss and spoil of the Crown, and of the lawful inheritor of the same? 
An evasion avoided, pretending the privilege of the King's children not to be in respect of the Crown, but of other lands.   
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 descending to them from their Ancestors. Which although 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 descendantes 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 withdraw from the Crown that 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 Art of Reasoning, which saith, that: Propter quod unumquodque, & illud magis.  
Byside 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 within this Realm, as heirs unto their Ancestors, not being able to inherit the Crown. Truly 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. 
The royal blood beareth his honour with it, whereso ever it be.  For the Royal blood, where so ever it be found, will be taken as a precious and singular jewel, and will carry with it his worthy estimation and honour with the people, and, where it is dew, his right withal.  
By the Civil law the right of the inheritance of private persons is hemmed and inched within the bands of the tenth degree. 
Vide Anto. Corsetum de potest. et excel. regi. q. 106.  The Blood royal runneth a farther race, and so far as it may be found: wherewith the great and mighty Conquerors are glad and feign to join withal, 
Conqueror's glad to joinewith the ioyall blood. Henry the first.  ever fearing the weakness of their bloody sword, in respect of the great force and strength 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, which continuing 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 fourth degree in lineal descent to the said king Edward, was revived and reunited. From this Edward the Queen of Scotland (as we have before showed) taketh her noble auncieht pedigree. These then, and divers other reasons and causes more, may be alleged for the weighing and setting forth of the true meaning and intent of the said law.  
Now in case these two causes and considerations will not satisfy th' Adversary: we will adjoin thereunto a third, which he shall never by any good and honest shift avoid. And that is the use and practise of the Realm, as well in the time foregoing the said statute, as afterward.  
We stand upon the interpretation of the common law recited and declared by the said statute. And how shall we better understand, 
L. ●. ff. de legious.  what the law is therein, then by the use and practise of the said law? 
Commonuse and practice the best interpretation of the la Eod● anno Rex cum in diebus suis processisset Aeldredan Vigornen sem Episco pum ad Regem Hunga riae trans mittens, revocavit inde filium fratris sui Edmundi Eduardum cum tota fa milia sua. ut vel ipse, vel filij eius sibi succederent in regnum. Flor. histor 1057.  For the best interpretation of the law, is custom. But the Realm before the statute, admitted to the Crown not only king's children and others of the first degree, but also of a farther degree, and such as were plainly borne out of the King's allegiance. The soresaid use and practice appeareth as well before, as sithence the time of the Conquest. Among other King Edward the Confessor, being destitute of a lawful Heir within the Realm, sent into Hungary for Edward his Nephew surnamed Outlaw, son to King Edmund called Ironside, after many years of his exile, to return into England, to th'intent the said Outlaw should inherit this Realm, which nevertheless came not to effect, by reason the said outlaw died before the said king Edward his uncle.  
After whose death the said king appointed Eadgar Etheling son of the said Outlaw, being his next cozen and heir, as he was of right to the Crown of England. And for that the said Eadgar was but of young and tender years, 
Flor histo. ●066. Aelredus Regioval lens. de reg Anglorum ad Regem Henr. 2.  and not able to take upon him so great a government: the said king committed the protection, as well of the young Prince, as also of the Realm, to Harold Earl of Kent, until such time, as the said Eadgar had obtained perfect age to be able to wield the state of a King, Which Harold nevertheless contrary to the trust, supplanted the said young Prince of the Kingdom, 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 though the said king Edward the Confessors will and purpose took no such force and effect, as he desired, and the law craved: yet the like succession took place effectuously in king Stephen and king Henry the second, 
King Stephen, and King H. ●.  as we have already declared. Neither will th'adversaries shifted of foramers borne of father and mother, which be not of the king's allegiance, help him: forasmuch as this clause of the said statut is not to be applied to the king's children, but to others, as appeareth in the same statute. And these two kings, Stephen and Henry the 2. as they were borne in a foreign place: 
The adversaries fond imagination, that King H. 2. should come to the crown by composition: not by proximity of blood.  so their fathers and mothers were not of the king's allegiance, but mere Aliens and strangers. And how notorious a vain thing is it, that th'adversary would persuade us, that the said K. 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. 
Rex Stepha nus omni haerede ui duatus prae ter solummo do Ducem Henricum, recognovit in conventu Episcoporum & aliorum de regno Optimatum quod Dux Henr ius hae reditarium in regnum Angliae habebat.  and so it followed in deed: but there grew to him no more right thereby, then was due 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 Mathildis to Henry the Emperor, by whom he had no children. And no doubt in case she had had any children by th'emperor, they Should have been heirs by succession to the Crown of England. 
Et Dux benign concessit, ut Rex Stepha nus tota vita sua suum regnum pacifice possideret. Ita tamen confirmatum est pactum, quod ipse Rex, & ipsttune praesentes cum caeteris regni optimatibus iurarent, quod Dux Henr. post mortem Regu, si illum superuiveret, regnum sine aliqua contradictione obtincret. Flor. histo. An 1153. The like fond imagination touching King Richard's nephew.  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, and after her, her children.  
Not long after, she was married to jeffrey Plantagenet a Frenchman borne, Earl of anjou, who begat of her this Henry the second, being in France. Whereupon 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 abuseth himself and his Reader, touching Arthur Duke of Brittany, Nephew to King Richard the first. As though forsooth he were justly excluded by King john his uncle, by cause he was a foreigner borne. If he had said, that he was excluded, by reason the uncle aught 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 diverse worthy and noble uncles, who neither for lack of knowledge could be ignorant of the right, 
Diversity of opinions touching the uncle and nephew whether of them aught 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 probability, because 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, 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 we have said) declared the said Arthur, borne in Brittany, and not son of a King, but his brother Geoffrey's son Duke of Brittany, heir apparent, his uncle john 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 john taken for other, then for an usurper by excluding him, and afterward for a murderer for imprisoning him, and privily making him away. 
The possions of the Crown of Englad that were beyondthe seas, sealed into the French kings hands for the murder of Arthur.  For the which fact the French King seized upon all the goodly Countries in France belonging to the King of England, as forfeited to him being the chief Lord. By this outrageous deed of King john, we lost Normandy withal, 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 though the said king john by the practice and ambition of Queen Elenour his mother, and by the special procurement of Huberte then archbishop 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, by sides many other rents then in England: and the said Arthur being an infant, and remaining beyond the sea in the custody of the said Constance: yet of this fact, being against all justice, aswell the said Archbishop, as also many of th'other did after most earnestly repent, considering the cruel and the unjust putting to death of the said Arthur procured, and (after some Authors) committed by the said john himself. 
Polid. 15. flor histor. An. 120●.  Which most foul and shameful act the said john 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 Elinor, sister to the said Arthur, in Bristol Castle, where she miserably ended her life: if that gay Maxim would have served, to have excluded these two children, because they were strangers, borne in the parts beyond the seas. Yea, it appeareth in other doings also of the said time, and by the story of the said john, that the birth out of the legiance of England, by father and mother foram, was not taken for a sufficient repulse and rejection to the right and title of the Crown. For the Barons of England, being then at dissension with the said King john, and renouncing their allegiance to him, received Lewis the eldest son of Philip the French king, to be their King, in the right of Blanch his wife, which was a stranger borne, albe it the lawful Niece of the said Richard, and daughter to Alphonse king of Ca●til, begotten on the body of Elenour his wife, one of the daughters of king Henry the second, and sister to the said king Richard and king john. Which story I allege only to this purpose, 
Lewis the French Kings son claimed the Crown of this Realm in the Title of his wise Pro hereditate uxoris meae, scilicet neptis Regis loan. usque ad mortem ●● necessitas exigeret, decertabo. Flor histo. Anno 1216.  thereby to gather the opinion of the time, that foreign birth was then thought no bar in the Title of the Crown. For otherwise, how could Lewis of France pretend title to the Crown in the right of the said Bblach his wife 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 frivolous imaginations, 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 often afflicted and scourged, by reason of wrongful and usurped titles. 
Haroldus, muneribu● & genere fretus, regni diadema innasit. H. Hunt hist. Angli lib. 5 Cut regnum iure hereditario debebatur Palredus Rhie val in histo. R. Angliae ad H. 2. Cui de iure debebatur regnum An glorum Io. Lond. in Chron. Angliae. Eadem verba sunt in Math West mon. in flor. hist. a. 1066 What calamities cell to this Realm by the usurping of King harold, King Stephen, and john.  I will not revive by odious rehearsal the greatness and number of the same plagues, as well otherwise, as especially by the contention of the noble houses and families of York and Lancaster: seeing it is so fortunately, and almost within man's remembrance extinct and buried.  
I will now put the gentle Reader in remembrance of those only, with whose usurping Titles we are now presently in hand. And to begin with the most ancient: what become, I pray you, of Harold, that by bribery and help of his kindred, usurped the Crown against the foresaid young Eadgar, who (as I have said, and as the old monuments of our Historiographers do plainly testify) was the true and lawful Heir? Can he, think you enjoy his ambitious and naughty usurping one whole entire year? Not surely. ere the first year of his usurped reign turned about, he was spoiled and turned out both of Crown, and his life withal. Yea his usurpation occasioned the conquest of the whole realm by William Duke of Normandy bastard son to Robert 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 Harolde, 
Rex Eduar dus misit etc. ut vel ipse Eduar. vel filius e ius sibi succederent etc. Rich. Cicest. vid. Wil Malmest. de reg. Angl. E. 2. c. 45. lib. 3. c. 5.  forsaking the right and high way of law and justice?  
What shall I now speak of the cruel civil wars between King Stephen and King Henry the second, which wars rose, by reason of the said Henry was unjustly kept from the Crown dew to his mother Maude, and to him afterwards. The pitiful reign of the said john who doth not lament, with the lamentable loss of Normandy, Aquitaine, and the possibility of the Dukedom of Brittany, 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 lo, the great goodness and providence 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 toucheth our case, which I mean by the marriage of the Lady Margaret eldest daughter to King Henry the seven. unto james the fourth 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 cavilling inventions of the adversary. For what time King james the fourth sent his ambassador to king Henry the seventh 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. 7 with his Counsel 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 Scotland to it, as it did Normandy from the time of the Conquest. Which answer was wonderfully well liked of all the Counsel. And so consequ●tly the marriage took effect, as appeareth by Polydore the Historiographer of this Realm, and such a one, as wrote the Acts of the time by the instruction of the King himself.  
I say then, the worthy wise Solomon foreseeing, that such devolution might happen, was an interpreter with his prudent and sage Counsel for our cause. For else, 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. Whereupon 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 Marie is assured. So that now by this that we have said, it may easily be seen, by what light and slender consideration the Adversary hath gone about to strain the words Infants or children to the first degree only. Of the like weight is his other consideration, imagining and surmising, this statute to be made, because the King had so many occasions to be so often over the sea with his spouse the Queen. As though divers Kings before him used not often to pass over the seas. As though 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 contrary to the letter of the said statute. Or as though his children also did not very often repair to outward Countries: 
The marriages of King E. 3. sons.  as john of Gaunt, Duke of Lancaster, that married Peter's the King of Castile's eldest daughter, by whose right he claimed the Crown of Castille: as his brother Edmund earl of Cambridge, that married the youngest daughter: as Lionel Duke of Claraunce, that married at Milan Violant daughter and heir to Galeatius Duke of Milan: But especially Prince Edward, which most victoriously took in battle john the French King, and brought him into England his prisoner, to the great triumph and rejoicing of the Realm, whose eldest son Edward that died in short time after, was borne beyond the seas in Gascome, and his other son Richard, that succeeded his grandfather, was borne at Bordeaux, 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 Catherine to the King of Spain, and his Niece johan, daughter to his son Earl of Somerset, was joined in marriage to the King of Scots: johan, daughter to his brother Thomas of Wodstocke Duke of Gloucester was Queen of Spain, and his other daughter Marie, Duchess of Britanny.  
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 (though they had been of the nearest royal blood) after the death of their Ancestors. Which surely had been against the ancient presidents and examples that we have declared, and against the common Law (the which must not be thought by this Statute any thing taken away, but only declared) and against all good reason also. For as we would have thought this Realm greatly injured, if it had been defrauded of Spain or any of the foresaid countries, being devolved to the same by the foresaid Marriages, as we think ourself at this day injured, for the withholding of France: so the issue of the foresaid noble women might and would have thought them hardly and injuriously handled, if any such case had happened. Neither such frivolous interpretation and gloss, as this man now frameth, and maketh upon the statute, would then have served, nor now will serve.  
But of all other his frivolous and foolish guessing upon the clause of the statute for Infants de Roy, 
A fond imagination of the Adversary of the statute of 25. E. 3.  there is one most fond of al. For he would make us believe, such is the man's skill, that this statute touching Infants de Roy was made for the great doubt more in them, then in other persons, 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 obedience: it plainly seemed, that the kings children were of far worse condition, than others, and quite excluded. And therefore he saith, that this statute was not to give them any other privilege, but to make them 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 saith (as we have showed before) that this word Infants de Roy in this statute mentioned, must be taken for the children of the first degree, which he seemeth to prove by a note taken out of M. 
There was no doubt made of the kings children borne beyond the seas.  Rastal. But to this we answer, that this man sweetly dreamt, when he imagined this fond and fantastical exposition: And that he showed himself a very infant in law and reason. For this was no Maxim, or at jest not so certain, before the making of this statute, which giveth no new right to the kings children, nor answereth any doubt touching them, and their inheritance: but saith, that the law of the Crown of England is, and always hath been, which law, saith 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, wheresoever 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, were heritable to their Ancestors. And it appeareth, that th' Adversary is driven to the hard wall, when he is feign to catch hold upon a silly poor marginal note of M. Rastal, of the kings children, and not of the King's children's children. Which yet nothing at all serveth his purpose touching this statute. But he, or the Printer, or who so ever he be, as he draweth out of the text many other notes of the matter therein comprised: so upon these French words, Les enfants de Roy, he noteth in the Margin, The King's children: but how far that word reacheth, he saith neither more, nor less.  
Neither it is any thing prejudicial to the said Queen's right or Title, whether the said words Infants, aught to be taken strictly for the first degree, or farther enlarged. For if this statute toucheth only the succession of the King's children to their Ancestors for other inheritance, and not for the Crowned, 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 scotland's Title to the Crown, as not thereto appertaining. On the other side, if by the inheritance of the king's children, the Crown also is meant: yet neither may we enforce the rule of foreign borne upon the king's children, which are by the●presse words of the statute excepted, neither enforce the word In●●●s to the first degree only, for such reasons, precedents, and examples, and other proofs 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 king's Children, or at the jest the children of the Crown. There is also one other cause, why though this statute reach to the Crown, 
This statute toucheth not the Q. of Scotland, as one not borne beyond the seas.  and may, and aught to be expounded 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, out of the allegiance of the King of England: that is to wrtte, France, Flanders, 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 quatuor Maria, within the four seas, which must needs be understand, in Scotland and Wales, aswell as in England b●cause they be all within one continent compassed with four seas. And likewise be many ancient statutes of this Realm writren in the Norman French, which have these words deins les quatre mers, that is, within the four seas. Now concerning the statute the title of the same is, of those that are born beyond the sea, the doubt moved in the corpse of the said statut, is also of children born beyond the sea out of the allegiance with divers other branches of the statute tending that way. 
Vide statuta Walliae in magna Charta. Waleswas under the allegiance of England before it was united to the Crown.  Whereby it seemeth, that no part of the statute toucheth these that are born in Wales or Scot, land. And albe it at this time, and before in though reign of Edward the first, Wales was fully reduced, annexed and united to the prop●● Dothinion of England: yet was it before subrected to the Crown and King of England as to the Lord and Signior, aswell as Scotland Wherefore if this statute had 〈◊〉 made before the time of the said Edward the 〈◊〉, it seemeth, that it could not have been stretched, to Wales, no more than it can now to Scotland. I do not therefore a little marvel, that ever this man for pure shame could find in his heart, so childishly to wrangle upon this word Infants, 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 seem to impugn the title of the said Lady Marie now Queen of Scotland, 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 seem, either to take away, or prejudice the title of the said Lady Marie. And because touching the foresaid mentioned 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. and 36. of King Henry the eight, being the only sheet-anchor of all the Adversaries, whether there be any matter therein contained, or depending upon the same, that can by any means destroy or hurt the title of the said Lady Marie Queen of Scotland to the succession of the Crown of England.  
It doth appear by the said statute of 28. 
The statutes of King H. 8. touching the succession of the Crown.  of King Henry the eight, that there was authority given 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, then unto the Lady Elizabeth his daughter, and to the heirs of her body lawfully begotten, and for default of such issue, unto such person or persons in remainder or reversion, as should please the said 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 Letters patents, or by his last Will in writing, signed 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 Marie, and Lady Elizabeth to die without issue of their bodies lawfully begotten: then the Crown of this Realm of England, should go and remain unto the heirs of the body of the Lady Francis his Niece, and th'eldest daughter of the F●ench Queen. And for the default of such issue, 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 Elinor to die without issue of her body lawfully begotten, to remain and come to the next rightful heirs. Whereupon the Adversaries do infer, that the succession of the Crown aught to go to the children of the said Lady Francis, 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 Scotland that now is.  
To this it is, 
An answes to the fore said statute  on the befalf of the said Lady Marie Queen of Scotland among other things answered, 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 prejudicial to the said Queen. Against which answer for the defence and upholding of the said Will, it is replied by the Adversaries, 
The effect of the adversaries arguments for the exclusion of the Queen of Scotland by a pretenced will of King H. 8  first that there were divers copies of his Will found signed with his own hand, or at the leastwise 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 welliked 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 Leneux and having withal no cause to be grieved or offended with his sisters the French Queen's children, but to put the matter quite out of all ambiguity and doubt, it appeareth (they say) that there were eleven witnesses purposely called 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 Legacies given them 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, tha● there aught 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 foundation of all his doings, in procuring 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 lightly imagine, how any other, besides these two kind 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 Will, it would be considered, how many they are, and what they are: and it willbe very hard to prove negativam facti. But it is evident, say they, that there was never any such lawful proof against the said Will producted. 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 and signed, or at lest 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 ascertained, which is sufficiently done in the said Will: and seeing his own hand was required but only for eschewing 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 accomplisihed 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, because she omitted the Style appointed by Parlament, 
An. H. 8.35. An. H. 8.33. & 21.  Anno 〈◊〉 octaui●rice simo quinto: In King Henry's time, by reason there was a statute, that the kings royal assent may be given to an Act of Parlament by his Letters patents signed with his hand, though he be not there personally. And yet did the said King supply full oft his confente by the stamp only. This yet notwithstanding, the said parliaments for the omission of these forms so exactly and precisely appointed, are not destroyed and disannulled.  
After this sort in effect have the Adversaries replied for the defence of the said pretenced Will. 
An answet by the way of rejoinder to the same.  To this we will make our rejoinder, and say: first, that our principal matter is, not to join an islewe, 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 requireth. Wherefore if it be defective in the said form, as we affirm it to be, were it otherwise never so good and perfect, though it were exemplified by the great Seal, and recorded in Chancery, and taken commonly for his W●ll, 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, 
divers presumptions and reasons against this supposed will.  there occur many likelyhoddes, 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 the● was such authority given him, neither I de●y, but that he might also in some honourable sort have practised the same, to the honour and wealth of the Realm, and 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 pretenced Will furnished and adorned with issue, the late king Edward, and the Ladies Marry, and Elizabeth, their state and succession being also lately by Act of Parliament established: what need or likelihood was there, for the king then to practise such new devices, as never did, I suppose, any king in this Realm before, and few in any other beside? And where they were practised, commonly had infortunate and lamentable success.  
What likelihood 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 read Rose and the white; lately by the incorporation and union of the house of York and Lancaster, in the person of his father through the marriage of Lady Elizabeth eldest daughter of king Edward the fourth, most happily extinguished and buried? And though it might be thought or said, that there would be no such eause of fear, by reason the matter passed by Parliament: yet could not he be ignorant, that neither parliaments made for Henry the fourth, or continuance of two Descents (which took no place in giving any Title touching the Crown) in King Henry the sixth: nor parliaments made for King R●chard the third, nor Parliaments 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 without any apparent cause the next royal blood, and think all things sure by the colour of Parliament. 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 Queend 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. Surely 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 dishonourable disherision 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 Counfaile, that have reported, that the King never had any great liking of the marriage of his sister with the Duke of Suffolk, who married her first privily in France, and afterward openly in England. And as it is said, had his pardon for the said privy marriage in writing. How so ever this matter goeth, certain it is, that if this pretenced Will be true, he transferreed and transposed the reversion of the Crown, not only from the Queen of Scotland, from my Lady Leneux and their issue, but even from my Lady Francis, and my Lady Elenour also, daughters to the French Queen, which is a ching in a manner incredible, and therefore nothing likely.  
I must now, gentle Reader, put thee in remembrance of two other most pregnant 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 prejudicial to the Crown of England, for the claim of the crown of France.  For whereby do or have the Frenchmen hitherto excluded the Kings of this Realm, claiming the Crown of France by the Title of Edward the third, falling upon him by the right of his mother, other then by a politic and civil law of their own, that barreth the female from the right of the Crown? And what doth this pretenced Act of king Henry, but justify and strengthen their quarrel, and overthroweth the foundation and bulwark, whereby we mainteme our foresaid Title and claim? If we may by our municipal law exclude the said Queen of Scotland, being called to the Crown by the Title of general heritage: then is their municipal law likewise good and effectual, and consequently we 〈◊〉 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 her sister Elizabeth: it is not to be thought, that he would afterward jeopardy so great a matter by a Testament and Will, which may easily be altered and counterfeited. And lest 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 readiest way, to put the state at lest of both his daughters to great peril and utter disherison. 
This supposed will giveth occasion of ambitious aspiring.  For the kings example and boldness in interrupting and cutting away so many branches of the nearest side and 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 prove to follow evil precedents, and to climb 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 Francis. And did not, I pray you, this drift and devise fall out even so, tending to the utter exclusion of the late Queen Marie, and her Sister Elizabeth: if God had not of his mercy, most graciously and wonderfully repressed and overthrown the same?  
These reasons then and presumptions may seem well able and sufficient, to bear down, to break down and overthrow the weak and slender presumptions of th'adversaries, grounded 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 Leneux. Which is not true. And as for the Lady Leneux, it hath no manner of probability: 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. Granting 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 Francis, and the Lady Elinor also?  
Their other presumption, which they ground upon the avoiding of the uncertenty of the succession, by reason of his Will, 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 contrariwise it is subject to more uncertainty, and to less surety, than before. 
Succession to the Crown more uncertain by the supposed will, then before.  For whereas before the right and claim to the Crown hung upon an ordinary and certain course of the common law, upon the certain and assured 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 Countries politicly avoided: so now depending upon the statute only, it is as easy by an other statute to be intringed and overthrown. And depending upon a Testament, is subject to many corruptions, sinister dealings, cavillations, yea and just overthrows, by the disability of the testators 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, 
Much forgene and counterfeiting of Testamets'  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 undue and crafty means, by false and suborned witnesses, by the covetous bearing and maintenance of such as be in authority, quite undone and overthrown. Wherefore Valerius Maxtmus crieth out against M. Crassus, 
Valerius Maximus dict. et fact. lib. 9 c. 4.  and Q. Hortensiu: Lumina ●uriae, ornamenta Fori, quod scelus vindicare debebant, inhonesti lucri captura invitati, authoritatibus suis texerunt. This presumption then of the Adversaries rather maketh for us, and ministereth 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 mualiditie of a bore Testament only.  
By this that we have said we may probably gather, that the King had no cause to adventure so great an enterprise by a bore Will and se●tament. You 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 notwithstanding, having given to him by Act of Parliament the ordering and disposition of all Chantries and Colleges, he did never or very little practice and execute this authority. And shall we think, unless full and sufficient proof necessarily enforce credit, that the King, to his no present commodity and advantage, but yet to his great dishonour, and to the great obloquy of his subjects and other Countries, to the notable disherison of so many the next royal blood, did use any such authority, as is surmised?  
Again, if he had made any such assignation: who doubteth, but that as he conditioned in the said pretenced Will with his noble daughters, to marry with his Counsels advise, 
In this supposed will is no condition for the marriage of the heirs of the L. Francis, as is for thee, Kings own daughters.  either else not to enjoy the benefit of the succession: he would have tied the said Lady Francis 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 on the one side, and for the greatness and weight of the cause on th'other side, as seem not the most sufficient for such a case.  
The importance of the cause, being no less than the disherision 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 lest before some Notary and authentical person for the better strengthening of the said Wil  
Here 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, all lowed and proved? Where, and of whom took the executors their oath for the true performance of the Will? 
No order taken for the probate of the supposed will.  Who committed to them th'administration of the King's goods and chattles? 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 itself: where, or in what spiritual or temporal Court may one found 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 touchstone, 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 aught best to have done it) take convenient and sure order, that th'original might have been duly and safely preserved, or at the lest 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 Adversaries themselves see well enough, yea and are feign to confess these defects. But to help this mischief, they would fame have the Enrolment in the Chancery to be taken for a sufficient Probate, 
The enrollement in the chance rye is not a probate.  by cause (as they say) both the spiritual and temporal authority did concur in the King's person.  
Yet do they know well enough, that this plaster will not cure the sore, and that this is but a poor help and a shift. For neither the Letters Patents, nor th'Enrolment may in any wise be counted a sufficient Probate. The Chancery is not the Court or ordinary place for the probate of wills, nor the Rolls for recording the same. Both must be done in the Spiritual Courts, where th'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 accordingly. And among other things the usual clause of Saluo iure cuiuscunque, must not be omitted. Which things, I am assured, the recording in the Chancery cannot import.  
But this caution and proviso of Saluo iure cuiuscunque (which is most conformable to all law and reason) did little serve some men's turn. And therefore there was one other caution and proviso: that though the poorest man's Testament in all England hath this proviso at the probate of the same: yet for this Testament, the weightiest, I trow, that ever was made in England no such probate or clause can be found, either in the one, or the other Court. Yet we needs must, all this notwithstanding, be borne in hand, and borne down, that there was a Testament and Will, formably framed, according to the purpose and effect of the statute, yet must the right of th'imperial Crown of England be conveyed and carried away with the colour and shadow only of a Wil I say, the shadow only, by reason of another conjecture and presumption, which I shall tell you of. Which is so lively and effectual, that I verily suppose, it will be very hard for any man, by any good and probable reason, to answer and avoid the same. And is so important and vehement, that this only might seem, utterly to destroy all the adversaries conjectural proofs, concerning the maintenance of this supposed Wil  
We say therefore and affirm, that in case there had been any good and sure help and handfast, to take and hold the Crown for the heirs of Lady Francis by the said Will: that the faction, that unjustly intruded the Lady jane, eldest daughter to the said Lady Francis 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 been driven, to so hard and bore a shift, as to colour their usurpation against the Late Queen Marie only, and her Sister Elizabeth, with the Letters Patents of King Edward the sixth, and with the consent of such as they had procured. 
A great presumption against the supposed will, for that the late pretenced Q. jane did not use the benefit of the same against the Q. of Scotland and others.  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 thought, 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 and authority of the Kings Will, and of the whole Parliament, for the exclusion of the Queen of Scotland 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 pretenced Will: 
See the proclamation made the x. of julie the first year of her pretenced reign.  for that there is not so much as one word in their whole pretenced proclamation for the supposed right of the said Lady jane, by the force of that surmised Will: 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 Lady Francis. Whereupon it may well be gathered, that either they knew of no such limitation to the children of the Lady Francis 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 Letters Patentes this pretenced limitation surmised to be made for the children of the said Lady Francis. Which nevertheless the Adversaries do now with so great and vehement asseveration blow into all men's cares. which 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 ease any man do look for any other, and more persuasion and proof, 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 Angliae, est regnum Debt, 
Polid. lib. 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, though never so craftily suppressed and kept under. We say then, that the King never signed the pretenced Will with his own hand, neither do we say it by bore hearsay, or gather it by our former conjectures and presumptions only, though 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, or dying and past all remembrance.  
The Lord Paget being one of the privy Counsel with Queen Marie, of his own free-will and godly motion, for the honour of the Realm, 
The forgetie of this 〈…〉 〈◊〉 disclose● before the Parliament by the L. Paget.  for reverence of truth and justice, though in the fact himself culpable, and in a manner thereto by great authority forced, did first of all men disclose the matter, first to the said Counsel, and then before the whole Parliament. Sir Edward Mountegue 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 premises 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 advise of her Counsel, to the honour of God, and this Realm, to the maintenance of truth and justice, and the rightful succession of the Crown, for the eschewing of many foul mischiefs, that might upon this forgery ensue, caused the Record of the said forged Will remaining in the Chancery, 
A worthy deed for a Prince to cancel false Records.  to be be canceled, defaced and abolished, 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 foul act of Sextus Tarqvinius in defiling Lucretia: 
Cicero. 3. office  Not less, than the fact of the Ephesians, who made a law, that the name of the wicked Herostratus should never be recorded in the books of any their Historiographers: Not less than the fact of the family of the Manlians at Rome, taking a solemn oath, that none among them should ever be called Capitolinus, 
Sueton. de viris illustrib.  by cause M. Manlius Capitolinus had sought to oppress his Country with tyranny. 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, 
Bed. lib. 3. histor. Ecclesiast. c. 1.  numbering their time under the reign of the good king Oswald.  
The Adversaries therefore are much to be blamed, going about to stain and blot the memory of the said Queen and Magistrates, as though they had done this thing disorderly, and as though there had been some special commodity therein to them: which is apparently false. For as the said abolition was nothing beneficial to other Magistrates: so if it had been a true and an undoubted Will, the said Queen would never have caused it to be canceled, as well 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 and disgrace the testimony of the said Lord Paget, and S. Edward Mountigue. They set against them eleven witnesses, thinking to match and overmatch them with the number.  
But here it must be remembered, that though they be eleven, yet they are to slender and weak for the weight and importance of the matter. It is again to be remembered, that often times the law doth as well weigh the credit, as number the persons of the witnesses. 
L. teflium. ff. de testibus L. Ob carnem ibid.  Alias (saith Calistratus) numerus, aliâs dignitas & authoritas confirmat rei, de qua agitur, fidem. According to this, saith also Arcadius: Confirmabit ludex mo●um animi sui ex argumentis & testimoniis, quae rei aptiora, & vero proximiora esse compererit. Non enim ad multitudinem respicere oportet, sed ad sinceram testimoniorum fidem & testimonia, quibus potius lux veritatis assistit.  
It hath not lightly been heard or seen, that men of such state and vocation in so great and weighty a cause would incur first the displeasure of God, then of their Prince, and of some other of the best sort, if their depositions were untrue, and would purchase themselves dishonour, slander and infamy: yea disclose their own shame to their own no manner of way 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, 
Not just ●a●se to repel ●he testimony of the L. Paget and others.  of their fact and fault) from all sinister suspicion for this their deposition and testimony, their deposition proceeding, as it plainly seemeth, from no affection, corruption or partiality, but from a zeal to the truth, and to the honour of the Realm. And though perchance, if they had been thereof judicially convicted and condemned, and had not by due penance themselves reformed, some exceptions might have been laid against them by any party judicially convented for his better advantage: yet as the case standeth now, there is no cause in the world, 
L. Fam●● ff. ad 〈…〉 maies l. muliere ff de accusat.  to discredit their testimony: yea and by the way of accusation also such persons, as be otherwise disabled, are in treason and other public matters, touching the state, enhabled both to accuse, and testify.  
As for the eleven witnesses, the best of of them Sir john Gates, we know, by what means he is departed out of this life. One other, the said William Clarke is so gone from them, that he giveth good cause, to misdeem and mistrust the whole matter. How many of the residue live, I know not. To whom perchance some thing might be said, if we once know, what themselves say. Which seeing it doth not by authentical record appear, bore names of dumb witnesses can in no wise hinder and deface so solemn a testimony of the foresaid L. Paget and Sir Edward Montague. Neither is the difficulty so great, as the Adversaries pretend, in proving Negativam facti. 
How a negative may be proved.  Which as we grant it to be true, when it standeth within the limits of a mere negative: so being restrained and referred to time and place, may be as well proved, as the affirmative. 
Gloss. & Doct. c. bo na de elect  It appeareth now then by the premises, that the adversaries arguments, whereby they would weaken and discredit the testimony, either of the witnesses, or of the executors, that have or may come in against the said pretenced Will, are but of small force and strength. 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, by cause 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 enough, that there was no necessity so to do. And that it was notoriously known, by reason it was disclosed by the said Lord Paget, as well to the Counsel, as to the higher 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, 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, 
How and when the later testimony is to be accepted before the former.  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 Exeoutour 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 aught not lightly to be discredited for any such contradiction afterward happening. But, as I have said, such authentical and ordinary examinations and depositions we found 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 voluntary discover and detect such forgery (although perchance it toucheth 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.  
Whereas they would now infer, that either this pretenfed 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 and discuss this thing as a matter not appertaining 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 which and of his own hand, the common sort of men make no difference, as in deed in divers other cases there is no difference, which these witnesses might take to be as it were his own hand) was set to the Wil.  
This, I say, might after some sort so be. And yet this notwithstanding 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 colourably, 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, nor yet that it appeareth, that ever they were (as we have said) judicially examined.  
Seeing now then, that if 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 lest touching the clause of limitation and assignment of the Crown) the King's 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 writ, or signed with his hand. A kingdom is to heavy to be so easily carried away by such scrolls and copies. When all this faileth, the Adversaries have yet one shift left for the last cast. They urge the equity of the matter and the mind of the Parliament. Which is, they say, accomplished and satisfied, by making this assignation for the establishing of the succession, and providing, that the Realm should not be left voided of a Governor. And therefore we must not subvert the statute, in cavilling for the defect of the King's hand: forasmuch 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 Adversaries would have us in no case to misdoubt or mistrust in this Wil Whereas the notoriousness 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, 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 break and infringe the whole Act. 
Why the stamp cannot countervail the King's hand in this case.  For this is a statute correctory, and derogatory to the common course 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 shifted or altar the words of the law. Neither may we supply the manner and doing of the Act prescribed, by any other Act equivalent. So that albe it in some other thing the Stamp or the kings certain and known consent 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, 
joan Andr. in adit. spe cull tit. de requisite. consul. ad finem.  there be certain persons appointed to do a certain act, and the whole people do the same act in the presence of the the said persons: the act by the judgement of learned civilians is vicious, and of no value: 
L. Sifundus ff. de rebus corum●c de rebus Ecelesiae in 6.  yea though the reason of the law cease, yet must the form be observed. For it is a rule and a Maxim, that where the law appointeth and prescribeth a certain plat form, whereby the Act must be bound and tied: in that case though the reason of the law cease, yet is the act void and nought.  
And whereas the adversaries object against this rule, 
An answer to the adversaries, touching Acts of Parliament alleged to prove, that the Kings own hand was not necessary to the supposed will.  the parliaments made by Queen Marie, without the usual style called and summoned: this objection may soon be answered. For it may soon appear to all them, that read and peruse the said statute of Anno 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. and 35. Henrici octavi, wherein by special words one express form and order for the limiting of the succession of the Crown by the King, is declared and set forth.  
besides that the said Writes being made both according to the ancient form of the Register, and also by express commandment of the Prince, utterly refusing the said style, could neither be derogatory to the said Queen's Majesty and her Crown, nor meaning of the said statute. Concerning the said style, and for a final and ful answer unto this matter: it is to be noted, that the writs being th'acts of the Court, though they want the prescript 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 by judgement of the Court. 
18. E. 3. fol. 30. 3. H. 4. fol. 3. & 11. 11. H. 4. fol. 67.9. H. 6. fo. 6. 19 H. 6. fo. 7. et 10 35. H. 6. fol. 12. 10. H. 6. fol. 26. 3. H. 6. fol. 8. 33. E. 3. fo. 13. Vide Prisot. 33. H. 6. fol. 39  For if the party without any exception do admit the form of the said writ, and plead unto the matter, whereupon the Court doth proceed: then doth the writ, and the judgement thereupon following remain good and effectual in law. And therefore admitting, that the said statute of 35. H. 8. had by special words appointed the said style to be put in every writ, and that for that cause the said Writes of Somons were vicious, wanting their prescript form: yet when the parties unto the said Writes had admitted them for good, both by their election, and also by their appearance upon the same: the law doth admit the said Writes and all acts subsequent upon the same, to be good and effectual. And yet this maketh no proof, that therefore the said supposed Will, wanting the prescript order and form, should likewise be good and effectual in law.  
For as touching 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 part of their prescript 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, 
9 H. 6. fol. 35.35. H. 6. fol. 34.40. E. 3. fol. 2.  either in the first person, or in the third person. Therefore if part of a Deed be made in the first person, and the residue in the third person: that Deed is not effectual, but voided in the Law. besides that, the law hath appointed, that in every Deed mention should be made, 
40. E. 3. fol. 35.21. E. 4. fol. 97.7. H. 7. fol. 15.  that the party hath put to his Seal to the same. 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 voided in law.  
So likewise the law giveth authority to 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, there to remain as a gage in law for his said rents and services. 
9 E. 4. fo. 2. 22. E. 4. fo. 47. 29. H. 6. fol. 6.29. lib. Assis. P. 64.  If the Lord shall either distrain his Tenant out of his Fee or signory, or if he shall labour and occupy the Chatles distrained: the distress so taken by him is insurious and wrongful in law, forasmuch as he hath not done according to the prescribed order of the law. The statute made An. 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 warranted in any point by the said statute.  
Likewise the statute made in Anno 27. Henrici octave, 
27. H. 8. c. 10.  of Bargains and sales of land appointeth a form and order for the same, that 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. 
32. H. 3. c. 1.  So likewise the statute made in Anno 32. H. 8. giveth authority, to dispose lands and Testaments by last Will and Testament in writing. If a man do demise his land by his last Will and Testament nuncupative without writing, this demise is insufcient in law, and not warranted by the said statute.  
We leave of a number of like cases, that we might multiply in the proof of this matter: wherein we have tarried the longer, by cause th' Adversaries make so great a countenance thereupon: and because 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 counterfeiting the kings hand: whereas in the Testamentary cause it is far otherwise, as the world knoweth, and daily experience teacheth. And so withal 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 L. Paget, nor Sir Edward Montague, and William 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 scotland's title altogether hindered. For she yet hath her just and lawful defence for the oppugning of the said assertion, as well 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 King's hand, to be duly and considerately pondered, we yed and conferred. She hath her just defence and exceptions, and must have. And it were against all laws, and the law of nature itself, to spoil her of the same. And all good reason giveth, that the said original Will standing upon the trial of the kings 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 heart and hand were doubtless 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, not not in this case, that the Queen's just Title, right and interest doth any thing fail or quail. Or rather let us without any perchance say, the justice and equity of her cause, 
The supposed will can not prejudice the Q of Scot land, though it had been signed with the Kings own hand  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 we speak not without good probable and weighty reasons.  
Neither do we at this time mind, to debate and discourse, 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 seem 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 likelihood be construed, to be the very mind and purpose of the said Parliament. You 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 William. Truth it is, there is nothing else expressed: but yet was there some thing else principally intended, and yet for all that, needed not to be specified.  
The outward manner was so specially and precisely appointed and specified, to avoid suspicious dealing, 
There must needs be some qualification and restrait of the general words of the statute.  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 (though nothing were spoken thereof) an ordinary help and remedy. Otherwise, if the Realm had been set over to a furious or a mad man, or to an idiot, 
Matthae us Paristensis in johan.  or to some foreign and Mahometical Prince (and to such a one our stories testify that King john would have submitted himself and his Realm) or to any other notorious incapable or unable person: the generality of the words seem to bear it, but the good mind and purpose of the Parliament, and man's reason do in no wise bear it. If ye grant, 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 offsprings as well of the said youngest 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 available in law, as conformable to reason, and to the mind and purpose of the Parliament? It were surely to great an absurdity, to grant it.  
There must be therefore in this matter some reasonable moderation and interpretation, as well touching the persons comprehended within 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 Wil For the king as King, could not dispose the Crown by his Will: and was in this behalf but an Arbiter and Commissioner. 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 itself. It was for the avoiding of all ambiguities, doubts 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 contrariwise partial affection and displeasure, if this arbitrement putteth not away all contentions and strifes, if the mind and purpose of the honourable Parliament be not satisfied, if there be dishonourable devices and assignments 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, 
L. 1. ff. qu● Testamenta facere. The definition of a Testament.  such as Modestinus defineth: Testamentum est tusta voluntatus nostra sententia de eo, quod quis post mortem suam fieti velit: then though the kings hand were put to it, the matter goeth not altogether so well and so smooth. But that 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 thought upon it, judge accordingly.  
The Adversaries themselves can not altogether deny, but that this Testament is not correspondent 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, whereof (as they say) were divers old copies: they infer these words, saying 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 altar it, otherwise than they found it, when they saw, that naturally it could not be otherwise disposed. Wherein they say very truly. For it is certain, that not only the common law of this Realm, but nature itself telleth us, that the Queen of Scotland (after the said Kings children) is the next and rightful Heir of the Crown. Wherefore the King, if he had excluded her, he had done an unnatural act. You will say, he had some cause to do this, by reason she was a foreigner, and borne out of the Realm. Yet this notwithstanding 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 moreover 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 marrying with the heirs of Spain, Scotland or any other Country (where the succession of the Crown devolveth 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 aught to think of women of their royal blood, that marry in Scotland, that they may well judge and take themselves much injured, unnaturally and wrongfully dealt withal, to be thrust from the succession of this Crown, being thereto called by the next proximity of the royal blood. And such devolutions of other Kingdoms to the Crown of England by foreign marriage, might by possibility often times 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 Scotland that now is, and the late King Edward the sixth with his longer life, and some issue 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 Francis, and of the Lady Elenour should hap to fail (which seem now to fail, at the lest in the Lady Katherine and her issue, for whose title, great stir hath lately been made, by reason of a late sentence definitive, given against her pretenced marriage with the Earl of Herford) then is there no stay or stop, either by the Parliament, or by the 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 Ladre Francis and Elenour, the Crown shall remain 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 Adversaries to my Lady Leneux, borne at Herbottel in England, and from thirteen years of age brought up also in England, and commonly taken and reputed as well of the King and Nobility, as of other, the lawfully Niece of the said King? Yea to turn now to the other Sister of the King, married to Charles Brandon Duke of Suffolk, and her children, the Lady Francis, and the Lady Elenour: why are they also disherited? Surely, if there be no just cause, neither in the Lady Leneux, nor in the other: it seemeth 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 for the Realm, I leave it to the farther 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 to prosecute or examine.  
Yet am I not ignorant, what impediments many do talk of, and some as well by printed, as unprinted Books, do writ of. Wherein I will not take upon me any asseveration, any resolution or judgement.  
Thus only will I propound, as it were by the way of consideration, duly and deeply to be weighed and thought upon: that is, for as much as the benefit of this surmised Will tendeth to 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 Queen's 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 meant of the Parliament, that the King without cause should disherit and exclude them from the Title of the Crown. On th'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 Parliament, that the King should not only frustrate and exclude such, whose right by the common law is most evident and notorious, but call and substitute such other, 
L. fl pater. ff. Quae in frau. credit. L. fill. famil. ff. de Donat.  as by the same law are plainly excluded. In consideration whereof many notable Rules of the Civil law do concur.  
First, 
L. 1. c quae res pign l. obligation. ff. de pigno. c in genera. de Regum juris in 6. L. quidam. ff. de verb. s●g. L. ut grada. §. 1. de number. & honour. L. permittendo cum notatis. ff. de iure dotium. In giving general authority, that seemeth not to be comprised, that the party would not have granted, being specially demanded. General voordes must be referred to able persons. L. 2. c. de Nopal.  that who soever giveth any man a general authority, to do any thing, seemeth 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, and especially of statutes, touching any persons, to do or enjoy any thing, aught to be restrained and referred to able, meet, and capable persons only.  
It is further more a rule and a Principle, that statutes must be ruled, measured and interpreted, according to the mind and direction of the general and common law. Wherefore the King in limiting the succession of the Crown in this sort, as is pretended, seemeth not to answer and satisfy the expectation of the Parliament: putting the ease 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 gently and civilly moderated, and measured by the common law, and restrained, 
L. fin. § in computation. De iure deliber. & ibi notat Alciat. in l. 1. de verb. significat.  when so ever any man should by that generality take any damage and hurt undeservedly. Yea, the Statute shall rather in that case cease and quail, and be taken as voided. As for example, it appeareth by the Civil law, that if it be enacted by statute in some Cities, that noman shall plead against an Instrument, not not the Executor: yet this notwithstanding, if th'executor make a true and perfect Inuentarie of the goods of the testator, if he deal faithfully and truly, rather than he should wrongfully and without cause pay the testators debt of his own, he may come and plead against the Instrument. Wherefore the Kings doings seem either much defective in the said Lady Francis, and Lady Elenour, or much excessive in their children. And so though he had signed the said Will with his hand: yet the said doings seem not conformable to the mind and purpose of the Parliament.  
We will now go forward, and propound 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 Francis, the same Lady then, and so long after living, the said King did not appoint the Succession of the Crown, according to th'order and meaning of the honourable Parliament: forasmuch 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 Francis could not by any means be intended: 
11. H. 4. fol. 72. 9 H. 6. fol. 24.11. H. 6. fol. 15.  forasmuch as the said Lady Francis was then living, and therefore could then have no heirs at al. By reason whereof the people of this Realm could not have certain knowledge and perfect understanding of the Succession, according to the true meaning and intent of the said Act of Parliament.  
But to this matter some peradventure would seem to answer and say, that although at the time of the said King Henry's death, the Heirs of the body of the said Lady Francis 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 mischiefs 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 hap to fall to the said heirs of the Lady Francis, the same Lady Francis should then be also living: who, I pray you, than should have had the Crown? Peradventure ye would say, the heirs of the body of the Lady Elinor, to whom the next remainder was appointed. Undoubtedly that were contrary to the meaning of the said supposed Will: forsamuch as the remainder is thereby limited unto the heirs of the body of the Lady Elenour, only for default of issue of the Lady Francis. 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 Francis. But what if the said Lady Elenour had been then also living (which might have happened, forasmuch as both the said Lady Francis and Lady Elenour, by common course of nature, might have lived longer, then until this day) who then should have had the Crown? Truly the right Heir (whom this supposed Will meant to exclude) so long as there should remain any issue, either of the body of the said Lady Francis, or of the body of the said Lady Elenour lawfully begotten. And therefore quite contrary to the meaning of the said supposed Wil Wherefore I do verily think, that it would hardly sink into any reasonable man's head, that had any experience of the great wisdom and advised doings of King Henry the eight about other matters being of nothing like weight, that he would so slenderly and so unaduifedly dispose the succession of the crown (whereupon 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. Whereupon ye may plainly see, not only the great unlikelihod, that King Henry the eight would make any such Will with such slender advise, but also, that by the limitation of the said Will, the succession of the Crown is made more uncertain and doubtful, 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 without any sufficient warrant in law.  
But peradventure some here will say, that although these dangers and uncertainties might have ensued upon the limitation of the said will: yet forasmuch as they have not happened, neither be like to hap, they are therefore not to be spoken of. yes verily, it was not to be omitted. For although these things have not happened, and therefore the more tolerable: yet forasmuch 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 Francis had no issue male, but only three daughters between her, and Henry Duke of Suffolk. Afterwards in the time of our late sovereign Lady Queen Marie, the said Duke of Suffolk was attainted, and suffered accordingly. After whose death the said Lady Francis, to her great dishonour and abasing of herself, took to husband one Adrian Stokes, 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 Suffolk begotten, which thing was neither intended, nor meant by the makers of the said Acts. Who can with any reason or common sense 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 Scotland lineally 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 Suffolk's, to be King and Governor over this noble Realm of England. The inconveniences whereof, as also of the like that might have followed of the pretenced Marriage of M. keys the late Sergeant Porter, I refer to the grave considerations and judgements of the honourable and worshipful of this Realm.  
Some peradventure will say, that King Henry the eight meant by his Will, to dispose the Crown unto the Heirs of the body of the said Lady Francis by the said Duke lawfully begotten, and not unto the heirs by any other person to be begotten. Which meaning although it might very hardly be gathered upon the said supposed Will: yet can not the same be without as great inconveniences, as the other. For if the Crown should now remain unto the heirs of the body of the said Lady Francis by the said Duke begotten: then should it remain unto two daughters jointly, 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, into the government of many. For the Title of the Lady Francis being by way of remainder, which is counted in law a joint purchase, doth make all the issue female inheritable a like, and cannot go according to the ancient law of a descent to the Crown: which is, that the Crown by descent must go to the eldest daughter only, as is aforesaid. For great differences be in law, where one cometh to any Title by descent, and where, as a purchaser. And also if th'one of those issues female die, than 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 that Act of Parliament.  
What if the said King had by his last Will disposed this realm into two or three parts, dividing the government thereof to three persons, to rule as several Kings: as for example, Wales unto one, the north parts unto an other, the South parts unto the third, and by that means had miserably rend this Realm into parts? Had this been according to the intent and meaning of the said Act of Parliament? Or had it been a good and sufficient limitation in law? Not 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 heirs of the body of the said Lady Francis by the said supposed Wil  
Now to complete and finish this our Treatise touching the Queen of Scotland's Title to the fuccession 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 Francis come forth in God's name, and lay forth to the world their demand and supposed right against the said Q. of scotland's interest. The Queen on th'other side, to fortify and strengthen her claim, layeth forth to the open sight of all the world her ●ust title and interest, signed, and always afore this time allowed, not 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 by sides: yea signed with God and natures 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 Francis, 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 handfast thereon, as they can: but yet let them show the said Queen the said original Wil It is well known, that they themselves have said, that that to do they can not. Yet let them at lest lay forth some authentical Record of the same. It is also notorious, that they can not. If then the foundation 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 authorized, remain of the same: by what colour will they exclude the said Queen? They must claim either by proximity of blood, or by Charter. For the first, nature hath excluded them: Charter they have none to show.  
They will perchance cry out, and complain of the loss and imbeaseling of the same and say, that such a casualty should not destroy and extinguish their right. This were some thing perchance, if it were in a private man's case. It were somewhat, 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 frau dulent 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 sought not to avoid damage. For damage it is, when any person is spoiled of any right due to him by law and reason. And there is a great odds in the consideration of the law and reason, between avamcing our gain (and gain we do that, that doth grow and accrue unto us by mere gift or legacy, 
Non est par rati●. lucra non capere. & damna sentire. L. sin. C. de co dicil. & L. Proculus ff. de damno infect. Insti. de legate. Si res.  as doth the Crown, to these competitors and Heirs of the Lady Francis) and eschewing 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 overweigh 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 issue of the Lady Francis had no farther, nor better right, than these pretended writings, the defendants cleaving to the only possession, were self and sure, and were not bound, to show to them their Title. 
L. qui ●ee● sare C. d● edendo §. commodum. lust. de indict.  For it is a rule of the Law, that if the Plaintiff fail in his proof, the Defendant shallbe discharged: yea, though he have no better right, then bore and naked possession. Neither could they any thing be relieved, though the pretenced Record of the Chancery were yet extant, not for such causes only, as we have specified, but for divers other. For it may well be doubted, though the said Record might bear a sufficient credit among the subjects of this Realm, whether it may bear the same against one, that is no subject. 
L. st qui● i● aliquo documento C. de edend●.   
Again it is a rule, that the public Instrument, making mention of an other, doth nothing prove against the party, in respect of any thing so mentioned, unless the original itself 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 thereby their lucrative advancement and commodity, not the person, that demandeth nothing else, but that to him lawfully and orderly is due.  
Yea, they, and we to, have good cause to think, that this thing (in case any such Will were) is wonderfully wrought by God's 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 compriseth) to be 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, by certain (I can not tell what) interlined papers and scrolls be derived and transferred to any other wrongful heirs: it would be a wonderful and strange thing to the world to hear, and to importable to us and our posterity, to bear it. It will then be so far of, that that thing, which the Parliament most regarded in this Commission, shall by this pretenced Will be produced and purchased to this realm, as to have a certain known undoubted lawful Governor and King, to have strife, contentions and divisions for the Crown cut away: that even the very thing the Parliament most feared, is most unfortunately and most lamentably like soon to chance. He that remembreth the tragical procedings of the last, by name, and not by right, King Richard, needeth not greatly to doubt, but that as he could found in his heart, to bastard his eldest brother and lawful king, and to defame his own natural mother as an harlot: even so now there will some be found, that will easily be induced, for avamcing 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 once chance (as God forbidden) then may we cry out, and sing a woeful and doleful song: then may we not without cause look for the bottomless Ocean sea of infinite troubles, miseries and mischiefs to overwhelm the Realm. The which my mind and heart abhorreth to think upon, and my pen in my hand trembleth to writ thereof.  
Finis.   

Hos libros à viris Catholicis, ijsque, eruditissimis lectos, & examinatos, intellecto ab ijsdem librorum argumento, unà cum editionis necessarijs causis, iudic avi merit● edendos esse.  
Actum Lovanij. 6. Martij. 1571. Thomas Gozaeus à Bellomonte, sacrae Theologiae Professor, & authoritate Pontificis librorum approbator.   

A TREATISE WHEREIN IS DECLARED, THAT THE REGIMENT OF WOMEN IS CONFORMABLE TO the law of God and Nature. * ⁎ *  
Made by Morgan philip's, bachelor of Divinity, An. 1570.  
LEODII. Apud Gualterum Morberium. 1571.   

A TREATISE WHEREIN IS DECLARED, THAT THE REGIMENT OF WOMEN IS CONFORMABLE TO the law of God and Nature. The Third Book.  
ALBE it (good Reader) you have now heard a convenient and a sufficient prouse, so far as the Laws of this Realm may serve, for the right Title and Claim of the Queen of Scotland, and so we might right well seem to have fully discharged our promise and office: yet as the matter now falleth our, 
An infamous libel made lately against the Queen of Scot  especially, if we shall give any credit to any infamous libel, or rather a fierbrande of sedition late cast abroad, all our cost is forlorn all our travail employed in vain, and must begin a fresh.  
For all this notwithstanding, her right is doubtful (saith 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, not, not by her best friends: so will the Crown never be given her 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 amongst the best, for the love of Religion and of the common wealth.  
Surely these are only words, this is confidently spoken But yet let us hear withal, what proofs this sober brained man, and so fervent zealatour of Religion, and of the common wealth bringeth forth, for the avowing 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 al. And as he layeth forth not so much as one jot this way: so no doubt, he shall never be able, to lay forth any thing of like weight, as that, that already is alleged.  
Not, not (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 bore countenance) by Civil or any other humane law. This extraordinary wily fellow runneth another 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 low matters, but aspireth, and amounteth aloft, and fetcheth a marvelous high fetch and reach, and being as it were ghostly ravished, contemning as it seemeth all humane laws and policies, he maketh as it it were a plain demur with us in law, that we have pleaded our matters all this while in a wrong Court.  
For lo, this matter by this sober man's judgement, seemeth not triable, either in the Arches or Consistory of Paul's by the Civil or Cannonlaw, 
The Author of the same seemeth little to regard touching, the succession of the Crown, any law, but holy Scripture only.  or in Westminster Hal by any law or Act of Parliament. This plea must be only maintained with the records of holy Scripture, but of his own sober brains interpretation only, and held before himself, and his new erected tribunal, furnished and adorned with such quiet and sober spirits as himself is. Th'infallible verity, the high M ie. of the sacred scriptures I do most heartily confess and most humbly reverence. But yet, if ye will intrude yourself and others, with the promulging from your new Tribunal seat, such and so strange paradoxes and sentences to the utter overthrowing of all humane policies and laws, yea to the present and and imminent danger not only of this of Scotland, but also of all other whatsoever Queens: we must be bold to see what warrant and commission you have, and to examine and 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, 
He groundeh himself chiefly upon the 17. of Deuteron.  whereupon he groundeth himself, is this: Thou shalt make him King over thee, whom thy Lord thy God shall choose from amongst thy brethren: him shalt thou make a King amongst them. From this authority he fetcheth out all his high mystical and supernatural conclusions. And first he excludeth the Queen of Scotland, because 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, 
●. Samuel. ●  as the Israelites said to King David: Ecce ●s tuum, & caro tua nos sumus: We are of one nation and blood. Thereunto he adjoineth, that it is assigned, as one just cause, 
2. Reg. 11.  why Athalia was turned out of her kingdom, because she was alienigena, an alien, maternum genus ducens à Tyriis & Sidonian.  
These now are all the proofs deducted by this man out of holy Scripture. For other hath he none, why the Queen of Scotland, being a stranger, aught to be disherited, and rejected from all such claim, as she pretendeth to the Crown of England.  
Now for answer, and first to the 17. 
An answer touching the 17. of Deuteron.  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 again. I say then farther, that this authority of deuteronomy, can not fitly serve your purpose, for that it taketh place, when the people chooseth a King, and not when there is a lawful and ordinary Succession, as was even amongst the jews from King david's time. Albe it he, and King Saul before him, came in by Gods and the people's special election.  
Wherefore I do admit your Principle to be well grounded upon Scripture: That the choice and election of Princes must be directed and measured by God's Holy word, will and pleasure. What then? I would fame know, by what Logic, by what reason a man may thus conclude: we aught to choose no stranger to our Prince: ergo a stranger, though he be the just, and next inheritor to the Crown, must be displaced. The one dependeth of our own free will and election, which we may measure, and rule, as we see good cause: the other hangeth only upon the disposition and providence of God. 
Great difference be twixt succession and election.  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 th'other: here do we injury to god that doth sand, and to the party, that is by him sent. And to say the truth; it is but a malapert controlment of Gods own direction and providence. For in the former part, we be the choosers, and must direct and govern our choice by reason and discretion by the merit and worthiness of the person: here all the choice all the voices, are in God's hand only. As good right hath the infant in the swaddling clotheses, as hath any man called at his perfect age and wisdom.  
It is a true saying, Christiani fimus, 
August. de merit. & remis pecc. count. Pela. li 3. c 8. & 9 to 7 & in quaest. ex novo Test. ca 8. to. 4.  we are made Christian men● we are not borne Christian men, non nascimur. But in this case of succession, Reges nascuntur, non fium: men are borne and not 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 the blood Royal: as far as the man shooteth, he shooteth 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 jewrie, 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 oftentimes in deed) to 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 al.) The Scottesmen and we be all Christians and of one Island, of one tongue, and almost of one fashion and manners, customs, and laws. So that we can not in any wise account them amongst such kind of strangers, that this place of Moses mentioneth: namely the Lady Marie the Queen of Scotland, being not only in heart well affectioned and minded to all Englishmen, as hath by many experiments been well known: but also by descent 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, 
Queen of Scotland no stranger.  and Edward the third, and of late days from the excellent Prince King Henry the seventh, and his daughter Lady Margaret her grandmother.  
All which causes, with some other in such number concurrant, aught rather to enforce us, to think and to take her, as no stranger to us, rather than 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 Osbred, bounding at Starling bridge.  
Last of all, touching the foresaid Chapter of Deuteronomie, 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 Deuteronomie at the hands of the Levitical Tribe) as that ye say, that God gave here a law to the jews, to make or choose a King: and so consequently, all your illations out of this place seem to be of small force. For to say the truth, as God neither gave them this or any other law, for choosing of a King, nor did bid or will them to choose a King: so did the people most grievously offend God in demanding a King.  
For though by the judgement of Aristotle and other Philosophers, Monarchy, 
3. Politico.  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, as well in the Desert, as in judea, by a several, peculiar and distinct order and Government from other Nations, and after such wondered and miraculous sort, as the like was never hard of in any Regiment by sides: so would he also reserve to himself only, the said Supremacy and Monarchy.  
Neither was he a little 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 testifiet: 
1. Reg. 8.  Nonrie (inquit) reiecerunt, sed me, ne regnem super eos. And the people afterwards acknowledged their fault: 
2. Reg. 12.  Addidimus universis peccatis nostris malum, ut peteremus nobu Regem. God therefore did not bid them, or will them, to choose a King, but forknowing 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 the 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, & possederis illam, hab●●auerisque in illa, & dixeris: constituam super me Regem, sicut habent omnes per circuitum Nationes: ●um constitues, etc. And when thou shalt come into the land, which the Lord thy God giveth thee, and shalt possess, yea and dwell therein, if thou say, I will set a King over me, like as all the Nations that are about me: then thou shalt make him King over thee, whom etc. Which words making for the illustration of this place, ye have omitted. Wherefore as this place serveth nothing for any absolute election of a King, the second, which you seem 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. Th'other two authorities, may be much more easily answered. The people meant nothing else, 
An answer to the 2.  by their said words spoken to David, but that they were the seed of Abraham, Isaac and jacob, as well as he, and intended with true and sincere hearts unfeignedly to agnize him as their chief Lord and Sovereign. 
Samuel. 5.  For at that time the Tribe of juda only (whereof King David came by lineal descent) did acknowledge him as king. Now the residue, which before held with Saules son, did also incorporate and unite themselves to the said kingdom. If this man look well upon the matter, he shall found, I trow, that the Queen of Scotland may as well call herself, the bones and flesh of the Noble Princes of England, as this people call themselves, the bones and sheshe of King David.  
But yet the great terrible battering Cannon Athalia is behind. She being in possessession of the kingdom seven years, was justly thrust out, by cause she was an Alien. We may then, (saith this man) justly deny the Queen of Scotland the right of that, which if she had in possession, she should not justly enjoy. Yet Sir, if the Queen of Scotland be no Alien (as we have said) then is your Cannon shot more fearful, then 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 you allege. Surely for my part after diligent search, I find no such Author. Truth is it, 
joseph. judaic. An tiq. lib. 9 cap. 6.  that josephus writeth as ye do, that she descended by the mother's side, of the Tyrians and Sidonians: yet nevertheless, he assigneth no such cause, as ye do.  
And as ye are in this your pretty poisoned pamphlet, 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 Doctor, as M. Knox, or some the like, neither jew, Chaldee, nor Arabian) that hath thus strangely glossed and deformed this place of holy Scripture, against the ordinary succession of women Princes: so are you the first also of all other Divines, or Lawyers throughout the world, that hath set forth this new fond foolish law, that the King's child must be counted an Alien, whose father and mother are not of the same and one Country. 
A new, fond and mad in terpretation, who is an Alien, made by the Adversary.  If the French or Spanish King chance to mar●e 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 are, have been and shallbe Aliens, by this your new oracle. For what other cause show you, that this Athalia was an Alien, 
joseph. ibi. cap. 6.  but by cause her mother was an Alien, genus ducens, say you à Tyrijs & Sydo●iis, coming by lineal descent, by the mother's side, from the Tyrians and Sydonians?  
King Achas married her mother, daughter to Ithobal King of the said Tyrians and Sydonians. This Athalia, whom josephus calleth Gotholio. Achas daughter, married Ioram King of uda, her brother called also joram, being king of Israel, after the decease of his father Achas. So than ye see, that this Athalia was no more an Alien among the jews, 
Athalia was no Aheamong the Iewes  than ●●ing Edbalde Baldus was, the son of Bertha a French woman, and of King Ethelbertus, the first Christian King of th'English nation: no more than was the noble King Edward the third borne of a French woma: ●more than Queen Marie was: no more ●en should have been the issue of the said Q. Marry, in case she had had any by the king ●f Spain. I perceive, that your fellows, that ●ould feign make King Stephen, King Hē●e the second, and Arthur nephew to King ●ichard the first, Aliens: had but rude, dull, ●nd gross heads, in comparison of your ●●e, subtle, and high fetches.  
If I should now desire your patience, notwithstanding the allegations of all your Di●initie, to be content a while, and touching this matter to hearken to the most excellent Civilian Vlpian, though 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 truly, in this I offer neither to you, nor yet to God's holy word, any injury in the world. For Christ's high and Divine Doctrine doth not subvert and impugn humane and Civil policy, being not repugnant to his express word and wil Let us then hear, whom the said Ulpian maketh an Alien. 
Who is an Alien by Ulpian.   
He is a Campane (saith this Ulpian) that is borne of father and mother being Campaines: panes: 
Who is an Alien by Ulpian.  yea if his father be a Campane, and his mother be a Puteolane: yet is the child a Citizen or Burgess of Campanie. And then he showeth farther, that in some Countries, as among the Ilians, and Delphians, and them of Pontus, the Child shallbe counted to be originally of the mothers, and not of the Father's Country. His words in Latin, as he wrote them, 
L. 1. ff. ad municip.  are these: Qui ex duobus Campanis parentibus natus est, Campanus est. Sed si ex patre Campano, matre Puteolana, aeque municeps Campanus est: nisi fortè privilegio aliquo materna origo censeatur. Tunc enim maternae originis erit municeps. Vipotè I lain sibus concessum est, ut qui matre Iliensi est, sit éorúm municeps. Etiam Delphis hoc idem tributum & conseruatum est. Celsus etiam refert, Ponticis ex beneficio Pompeij Magni competere, ut qui Pontica matre natus esset, Ponticus esset. Which his saying is direct against you, for this your strange declaration of Alienigena, 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 the Holy Scripture: we are content, to join issue with you, and 〈◊〉 be tried by the same only. Christ came Lineally of Booz, 
Matth. 12 joshua. 6.  whom Solomon begat of Raab (as the most common opinion of Writers is) that betrayed Hiericho to joshua: and may we now falsely think, that this Booz was a stranger, an Alien, and no jew? and so withal infringe, break and pervert the Genealogy of Christ, and the continual Succession of the jews, Christ's progenitors? You know, that as Athalias mother was a Tyrian, or a Sydonian: so was Ruth 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 ye say, he was not: then must you needs confess, the same of Athalia. If you say, he was: then the holy Scripture maketh evidently against you. For of this Obed Christ came lineally. And if you step forward (as you lustily begin) a foot or two more, ye will, 
David and Christ descend of Obed Ruthes son.  or as well you may, make king David also, to whom Obed was grandfather, yea and Christ himself, not much better than Aliens. And so hath Athalia at length spon a fair thread for you. We deny then, 
4. Reg. 11.  that this Athalia was an Alien among the israelites: and therefore she could not be barred from any inheritance due unto the daughter, among the Children of Israel. Neither was she removed from the kingdom, as this sober man being best awaked dreameth, because she was a stranger. But for that she most cruelly, and unnaturally, slaying and murdering her Nevewes, the sons of her son King Othozias, lately killed by jehu, by shameful means usurped herself the crown appertaining to her Nephew joas, who by the providence of God was (she being usurper of it) preserved from her boutcherie. And after seven years, by the help of joada the High Priest, was anointed King, and she deposed, and worthily put to death. And this cause doth appear even in the very Chapter and place, that this brawling brain doth allege. As for the cause he himself proponeth, we will not stick with him, to give him a longer date, to fetch out and show us his records, and 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 harpeth upon the next string: which surely doth give as il favoured a jarring, and as untunable a noise as the first, or rather more untunable. Wherein our good quiet brother doth so strain and wrist the word, ex fratribus, among the brethren: that he wresteth away not only the right, and interest, that the Queen of Scotland pretendeth to the Succession of the Crown, but doth wrist withal 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, by th'interest, and title of their mothers, which have no better Title, than their progenitors from whom they claim.  
For amongst his new notable notes, that he noteth out of this seventeenth Chapter of Deuteronomie, for the choosing of a King, we may note (saith he) the sex, by the masculine gender, used in this word ex fratribus: for under the other sex, Ataxia most commonly creepeth into the stock and Country.  
He saith also afterward, this politic law, that God did give the jews, is grounded upon the law of Nature, and is also as everlasting, as Nature itself is, and is of all natural men to be observed. It is (saith he) of Nature, that the prescribed sex should govern the other: he meaneth, women should be governed. Then he knitteth up the Conclusio of his new pestiferous policy: which I conclude, that God's law, Nature, and good reason do reject the Queen of Scotland, and deny her that kingdom, which she would feign possess. Who would ever have thought that such a quiet sober brain, out of this one word fratribus, could have found in his heart so unbrotherly, and so unchristianly, and so fond withal 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? Yea and as fond, and unnaturally to frame of himself a new law of Nature also: and so most wretchedly to corrupt, deprave, and maim both the law of God and Nature? Yet because this man giveth out his matters, as it were compendious oracles, 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 gloss upon the holy Scriptures: I willbe as bold upon him a little, to sift, and examine the weight and verity of them. 
An answer to the Aduer far, touching the law of, Nature, which he wresteth against women's government. L. 1. ff. de just. & iure l. veluti l. ex hoc. l. omnes cod.  And first touching the law of nature, which he maketh as a pikaxe to undermine the state of so many Princes: we might here enlarge many things, how and in what sort the law of Nature may be taken. But we willbe therein compendious and short. The law of Nature commonly is proper, appertaining aswell to other living things, as to man, as Vlpian 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 Nature, because the discourse of natural reason forceth all Nations, to obey and keep this law, as to honour God, to obey our Parents, and Magistrates, to keep and maintain our bargains and promises, 
Est enim non scripta. sed nata lex, etc. Cicero pro Milone.  in buyng and selling, and in other contracts, to defend ourself from violence and injury, with a number of such other. I suppose th'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 and 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 was any Nations of people, and ever shallbe. This sergeant law of Nature neither is, nor ever was, nor as far as reason may reach to, ever shallbe, It shallbe enough for us, to overthrow and cast under foot this sergeant law: 
The practice of women's Regiment in Asia. Aphrica and Europa.  to show and prove, that women have from time to time, borne Princely Regiment in the most notable parts in the world and in the best and most famous common wealths, that ever have been. For the knowledge whereof, 
Straebo ge● graph. lib. 14.  I refer the Reader to ancient histories, being the registers of Antiquity, which do plainly testify, the same to have been often practised in Asia, Aphrica, and Europa.  
Concerning Asia, 
First in Asia. Queen Artemesia  I find, that Artemesia, who builded the sepulchre of her husband Mausolus, one of the notable spectacles and wonders of the world, 
Queen Ada.  and her sister Ada with others, 
Solinus in collect. lib. 67. Plinius lib. 6. cap. 20. Adrianus lib. 8. de gestis Alexan. mag. justinus li. 1 Herod. li. 1. Strab. li. 16  reigned in Caria. 
Woman's regiment in Pandea a country in judea. Queen Semiramis and Nitrochris Queen Thomiris.  This Ada being thrust out, was restored by Alexander the great. The country also of Pandea, in judaea, was governed by women. The government of the Queen Semiramis and Nitrochris in th'Empire of Babylon, of Queen Thomiris, among the Mesagites, is to her great praise and commendation in ancient monuments recorded. 
joseph. lib. 20. & 21. Antiq. c. 2. Euseb. lib. 2. cap. 12. Ruff lib. 2. Eccle. hist. c. 6. Clemens Alex. lib. 1. stromat. justinus lib. 1. Tacitus lib. 2.  josephus maketh mention of Helena the Queen of the Adiabens. Eusebius of Maumia the Queen of Saracens. Atossa was governess of the Persians, a most excellent woman also for her learning.  
It may also appear by the story that justine writeth of Astyages the King of the Medians, that in in Media the women supplied the lack of male children, 
Queen ●rato.  in Princely government. There is mention made also of Erato, whom the Parthians chose to be their Queen. We will now make up our conclusion for Asia with Claudians verse. 
Medis, 
Claudianus lib. 1. in Eutropium.  levibusque Gabeis  
Imperat hic sexus, Reginarunque sub armis  
Barbariae pars magna jacet.   
Out of the which we have purposely left judea, reserving it as a principal help, for the utter overthrowing of this man's fantastical interpretation of the foresaid word, Fratribus. 
Woman's Regiment in Aphrica Queen Dido. Queen Cleopatra Queen Isis.  In the stories and monuments touching afric, 
Strabo, 12. & ●● justin. 〈◊〉 18. & ●● Diodor. Sicul. lib c. 2. & 〈◊〉  we read of Queen Dido at Carthage, Cleopatra in Egypt, and of divers other Queens there. The first King of Egypt was Ofiris, who in his absence committed the whole Regiment to his wife Isis. In AEthiopia, where reigneth a mighty Prince, a Christian man, and one that hath many Kings subjecteth to him, not many years sithence in the nonage of King David, 
Damianue● Agoes de side & moribus Aethiopun.  his grandmother the Queen did most politicly, wisely, and godly rule those Realms. And it appeareth in the old stories, that in Christ's time, and before, that Country had no other Princes, than women, 
Beda ca 8 in Acta Apostolorum. Euseb. lib. 2 Ecclesiast. cap. 1. Plinius li 6 c. 29. Strabo lib. 17. Act. Apostolor. ca 8.  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 S. Philip. By whose means the Queen also upon his return, become with her subjects a Christian woman. And that is thought to be the first Country, 
Dorotheus de vita & obitu Prophetarum & Apostolorum. Hieronym. in cap. 52. Esaiae. Hilar. in Psalm. 61. Euseb. lib. 2 cap. 1. Sabel. Strabo lib. 16.  that publicly embraced the faith of Christ. 
●hiopia 〈◊〉 first ●stia●amō. 〈◊〉 other ●un●s. But stain 〈◊〉 first ●ong the pounces Rome.  And thereupon the saying of the Prophet David seemeth to be verified, saying: Aethiopia praeveniet manus cius Deo. And yet that notwithstanding our worthy Brittany, among all the Provinces, that were of the Roman Empire, hath thereof the noble prerogative.  
Women were the chief Magistrates among the Tenesians and Sebrites. In the time of King Solomon, the notable woman, that came from the uttermost part of the earth, to hear the wisdom of the said Solomon, whom the old Testament calleth the Queen of Saba, the new Testament the Queen of the South, was a Queen, 
3. Reg. 10. 2. Paral. 9 Math. 12. Luc. 11. joseph. Iudaicar. antiq. lib. 8. cap. 12.  and as josephus writeth, the Queen of Ethiopia and Egypt, Countries of such greatness and largeness, as no one Prince throughout all Europe, hath so ample dominion within the same. Perchance her dominion did stretch to Cephalia, which draweth well toward the farthest part of Aphrica. 
Salomon'S ships fetched gold from Cephalia.  Wh● interpretation seemeth not far a square fr● the words of the holy Scripture. Fr● thence, as the Annals of the said Coun● record, Salomons ships every third ye● brought marvelous plenty of gold a● silver. Other suppose, that the said Na● went to the late found lands of west I● dia, especially to the Island now called Sp● gnola.  

Stobaeve 4●2. ex Nicolao de moribue gentium.  I find in the said Aphrica one strange and fond kind of people, called Buaci, wh● men governed men only, and women go●uerned women only: and yet were the● not so hard masters to women, as ye are, no● thought 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 o● strange thing, to see a woman a Prince, as appeareth by these words of Queen Cleopatra: 
Non urbes prima tenebo  
Foemina Niliacas, 
Lue●n. lib. 10.  nullo discrimine sexus  
Reginam scit far Pharos.   
As for Europe, as it is better known to us, so therein have we withal greater store 〈◊〉 examples of this kind of Government. 
Woman's regiment in Europa. Queen Olimpias in Epyre. Olimpias in Macedonia. Irene. Theodora Eudocia. Zonara's Tom. 3. Annalium.  ●●●pire, as it appeareth by Olympias daugh●●● to Pyrrhus: In Macedonia, where a wo●●● called also Olimpias, succeeded after the ●●●th of Alexander the great: yea and in the ●●●at and famous Empire of Constantinople, ●●ere Irene, Theodora, Zoe, an other The●●●●a, and Eudocia were the chief and high magistrates. The said second and last Theo●●ra answered the Ambassador herself, ●●d judicially in her own person gave sentence, as well in public, as in private causes. ●hose government was also prosperous, ●●ppie and fortunate.  
Moreover, it appeareth, that the Illyrians and Slauons were ruled by Queen Teuca. 
●nius lib. ●. cap. 6. ●●●ca.  What shall I speak of spain and Portugal, and of the Dukedom of Burgundy, 
Woman's regiment in Spain, Portugal, Burgundy and Flanders.  and of the Earldom of Flanders, and of other parts of low Germany? Conrade the Duke of Franconie and Landgrave of Hesse was made County Palatine of Rhine, 
Irmelgardis daughter of Conrade Duke of Franconie  and Duke of Lorraine, by the inheritance of his wife Irmelgardis. He had but one daughter, who was married to Conrade Duke of Suevia, whereby was made County Palatine of Rhine. T● Conrade had a daughter called Agnes, ●●ried to Henry Duke of Saxony and Li● burge, 
Agnes wife to Henry Duke of Saxony.  who thereby enjoyed the County P●latine. The like may be said of divers oth● parts of the Germanical Empire, yea a w● man hath ruled and governed the said who Empire, 
Agnes wife to Henry the 3. Emperor. Pau. Aemil. lib. 3. Car. lib. 3.  as it is evident in Agnes the wi● of the Emperor Henry the third, duri● the time of the minority of her son H●rie the fourth. And yet the same Empire ye wot well, passeth by choice and election and not by lineal succession of blood: ye● many hundredth years, 
Ful. de dict. & fact. memor. lib. 8. cap. 16.  ere she was borne and in the flourishing time of the old Ro●maine Empire, Mesa Varia grandmother to the Emperor Heliogabalus and Alexander Severus, sat with the Senate at Rome, heard and examined the weighty causes o● the Empire, 
Crana Nōah's daughter Beros. lib. 5 Livi. lib. 1. denc. 1. AEneas Syl nius de Asia. c. 20. Lavinia.  and set her hand also to such things as passed, touching the public affairs.  
I do now adjoin the kingdom of Sicily and Naples in Italy, of the which Italy Noah, whom the profane Writers call janus, made Crana his daughter ruler and Queen, where also Lavinia reigned after the death of Aeneas. And as for Naples, this precedent of womanly Government is not there only of later years in both the Queens called johann, but even from very ancient time: which thing the stories do record in Amalasintha, 
●●ene ●aples ●la●a.  that governed after the death of her father King Theodoricus with her son Athalaricus. The said Amalasintha was mother to Almaricus King of Spain, 
●ias lib. Regum ●an.  and after his death ruled herself the said Realm.  
Let us now add farther, 
Chronie. Palmerij. Herald Contrac. Munstunivers. Cosm. lib. 4 AEneas Silvius in descript. Asiae. d. ca 20. Hect. Boet. lib. 1. Histo. Scoti. vide la geneal. des Rois d● France impre. Paris 1561. in Carolo Magno.  the Dukedoms of Lorraine and Mantua, 
●omans ●giment 〈◊〉 Lorain, ●d Man●a.  the kingdom of Swetia, and Dania, and of Noruegia, whereof Margaret the daughter of Waldemarus was governess and Queen: 
●n the kingdoms of Swetia Dania and Noruegia.  the kingdom of Beam and of Hungary. And to draw near home, the Realm also of Scotland, which realm hath denomination of a woman, as their stories report, as hath likewise Flaunders. 
Boemia. Hungaria. Scotland.  The like, some of our stories report of England, wherein I will make no fast footing.  

England.  Now touching the feminine Success to the right of the Crown of England, it● no new found Succession, and much le● unnatural. We read in our Chronicles Queen Cordel the third heir and daughter of King Leyre the tenth King of Eritan● that restored her father to the kingdoms being deposed by her two other sisters. W● read, that about three hundred, fifty an● five years before the Nativity of Christ● Martia Proba, 
Martia Proba.  during the nonage of he● son, did govern this Realm full politicly and wisely, and established certain lawe● called Leges Martianae.  
There be aswell of our own, as of exterternal historiographers, 
Helena mo●her to Constantin the great. Onuph. de Rome Principib. Euseb. de vita Constantin. lib. 1. Eccl.  that for a most certainty affirm, that Helena the noble Constantine his mother, was a Britain, and the only daughter and heir of Coelus King of Brittany, and that the said Constantine was borne in Brittany. Surely that his father Constantinus died in Brittany at York, and that the said Constantinus began his noble Victorious race of his most worthy Empire in Britain, it is reported by ancient Writers, and of great faith and credit. And that likewise, long before the said Helen's time, women bore the greatest sway, both in war ●nd peace: and that the Britaines had women or their Captains in warfare. Among other Cornelius Tacitus writeth thus: 
Voadicae.  His at●e allis invicem instructi, 
In vita Agricolae.  Voadica generis regij ●mina Deuce (neque enim sexum in Impertis ●scernunt) sumpsêre universi bellum.  
We have now already showed of Henry he second, 
Henry the second K. by his mother's right  who obtained the Crown by ●he mothers right. Which said King by the Title of his wife, and after him his Successors Kings of England, did enjoy the Dukedoms of Aquitania, 
Vide Alligeneal cap. 1561.  and the Dukedom of Poiteer, as the said King's Successor should ●aue done also (as we have showed before) the Dukedom of Brittany, if Arthur King Richard's nephew had not by the usurping of King john, and his unnatural cruelty, died without issue. And by what other right, then by the woman's inheritance dew to King Edward the third by his mother the French King's daughter, do the Kings of this Realm bear the Arms and Title of the Kings of France? 
The French make not women's Regiment unnatural.  And though the French men think 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 Regiment is unnatural.  
Which Regiment ye stoutly affirm to b● far a sunder from any natural Regiment, ye● truly, as far as was the boys head from the shoulders, the last Bartholomew Fair at London, which many a poor fool did believe to be true. For as the boys head remained still upon his neck and shoulders, though i● seemed by a light lively legerdemain, to be a great way from the body: so would you now cast a mist before our eyes, and make us believe, that woman's government and nature be so divided and sundered, that they may i● no wise be linked and coupled together. But surely the French nation was never so unwise, to think this kind of Government repugnant to Nature, or to God's holy Word. For than they would never have suffered their Realm to have been so often governed and ruled by women, 
Adela K. Philippus mother and Blanch the mother of S. Lewis. See the prefaces of the said alliances.  in the time of the nonage or absence of their Kings. As by Adela the mother of King Philip, and by Blanch the mother of S. Lewis, and by the wife of the late King Francis taken prisoner at Paura, and by divers others. Neither should the said Adela and Blanch have been so commended of their said noble and worthy rule and ●uernment. The said Frenchmen, 
The French men hold great principalities by the woe man's right.  though by ●oli●ie they have provided, to exclude foreigners from the inheritance of the Crown: 〈◊〉 they themselves hold at this day, by ●e woman's title and interest, the Dukedom ●f Brittany, with divers other goodly pos●ssions. And we have showed before, how ●ewis the Dolphin of France made a Title 〈◊〉 the Crown of this Realm, in the right ●f his wife. Thus I have, as I suppose, 
The conclusion against the Adversaries, touching the la of Nature.  sufficiently proved, that this kind of Regiment 〈◊〉 not against Nature, by the ancient and continual practice of Asia, Aphrica and Eu●●pa. For the perfecting of the which last ●●rte of Europa, and of the whole three ●artes, I end with the notable Poet Virgil's verses: 
Filius huic fato Diuûm prolesque virilis  
Nulla fuit primaque oriens erepta iwenta est: 
Virgi. li. 7.   
Sola domum, & tantas seruabat filia sedes.  We knit up therefore our conclusion against you after this sort. That law and usage cannot be counted against the law of nature, or ius Gentium, which the most part of all countries, and one great or notable part of the whole world doth and hath used: but this law or usage is such: Ergo it is not against the law of Nature. The Mayor needeth no proof: and fo● the proof of the Minor, we need to employ no farther labour, than we have already done. Whereupon the consequent must nede● be inferred: that this law or usage doth we● agreed and stand with the law of nature. The reason thereof is, that it is most natural, the daughter to inherit her father's patrimonies whereunto if there be a dignity annexed● both are so united and knit together, tha● they can in no wise be unlinked.  
Marry, if you had driven your argument, of the duty and 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, 
〈◊〉 he wife 〈◊〉 some ●ase may b●e head to her husband.  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: then play you the Sophister, making a fallible and vicious argument, and making a confuse mingling of those things, that be of sundry and divers Natures.  
The child must obey his Schoolmaster, ●●d Parents, and may justly of them be chastised, though he be a Prince: yet this notwithstanding, the said child may use ●is authority, by his Magistrates, against his schoolmaster, yea and if the cause so require, against his Parents to, as did Edward ●●e Confessor, and King Edward the third against their mothers. Even so the case fareth with the husband and the wife. The wife ●ay without any impairing or maiming of ●er duty, to God, or to her wedlock, re●●esse her husbands misdemeanour, if it be needful to the common Wealth. And yet 〈◊〉 she not thereby exempted from such dew●●e, as the matrimonial conjunction craveth of the wife, towards her husband.  
You frame an other argument of inconveniences, as though under the woman's Regiment, Ataxia, that is to say, disorder most commonly creepeth in. I will not deny, but sometime it is so: but that most commonly ●t 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 rate, will overpaise the other. And it is full unmeet, unseemly, and a dangerous matter, to rule Princes right and Titles, by such blind guesses.  
Well, you will yet say, you have Scripture on your side: you say, the jews were commanded, to take no King, but exfratribus, a brother: Ergo we can have no Sister to our Q. 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 you never be able to do. Which thing you saw well enough, and therefore you 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 hard, is but the force of a bulrush. Our second answer also will soon infringe and break this your conclusion, which respecteth only the free and voluntary election and choice of a King. But we speak of birth and Succession, wherein we have none interest, but God, who is th'only judge and umpire, and hath by his Divine providence, made to our hands his choice already, which if we should undo and reverse, we might seem to be very-saucy and malapert with him. But we will remove and relinquish all these helps, and see, what, and how far this authority forceth by the very words.  
Frater, 
What absurdity followeth by the straining this word ex fratrib'. Marc. ulti.  is the masculine gendre (you say) and therefore women are to be removed. Then by this rule women also must be excluded from their salvation, because Scripture saith: He that shall believe, and be baptized, shallbe saved. Holy Scripture abundeth of like places. As, Beatus vir, qui non abijt in consilio imptorun, 
Psal. 1. et 4.  etc. Beatus, qui intelligit etc. And by this rule women are excluded from the eight beati●udes. But we will not shift your own word (brother). We say therefore, that this word must not be taken so strictly and narrowly, as you take it. For first, not only in Scripture, but in old ancient profane Authors, 
L. Luci' §. quaesitum ff. de legate. 3. & ibi Barto. Genes. 13.  it comprehendeth the brother's child: yea and sometime in Civil law cousin germans coming of two brethren. Abraham called Loath his brother's son, brother. Medea also calleth her sister Chalciopes' sons, her brethren, speaking to her sister in this sort.  
〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉  
〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉  
Again, 
L. 1. ff. de verborum signific. L. Tresfra tres. ff de pact. & l. Lucius. fa●ni. Ercis. Dict. l. Lucius §. Quaesitum. Quaesitum. est. an quod baeredes fra tribus rogati assent restituere, etiam ad sorores per tinet. Respondit, pertinere, nist aliud sensisse testatorem probetur. Levit. 9 Deut. 23. Zacha. 7. Math. 18. 2. Thes. 3. 1. joan. 2.  as in the Civil law the masculine gendre comprehendeth the feminine: so doth it in your word (brother). Modestinus writeth thus: Tres fratres, Titius Mevius, & 〈◊〉 Paulus also & Titius, fratres. Scevola saith, the bequests made by the testator fratribus, to his brethren, shallbe beneficial to his sisters also, unless it may be proved, that the testator meant otherwise.  
Now when the holy Scripture saith, thou shalt not hate they brother: Thou shalt not lend upon usury to thy brother: let every man use his brother mercifully: if thy brother trespass against thee, forgive him: withdraw yourself from every brother walking disorderly: he that ha●eth his brother, is in darkness, with a number of like sort: shall we infer thereupon, that we may hate our sister, that we may oppress our sister with usury, that we may use our sister as unmercifully, as we will, without any remorse of conscience, and are not bound to forgive her, nor to eschew her company being excommunicated, or a notorious offender?  
Wherefore neither this word (brother) excludeth a sister, 
Neither this word brother excludeth a sister, nor this word King a Queen by any Scripture. Melech. Malcah.  nor this word King in Scripture excludeth a Queen. In the Greek ●ongue, one word representeth both brother; and sister, saving that there is a difference of gender, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. After the same rate, the words King and Queen are ●●it up both in one, aswell in the Greek, as in the Hebrew 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉, and in the French, Roy & Royne: and from this the Latin tongue Rex and Regina, doth not far disagree.  
Seeing then by interpretation, this word (brother) containeth the word (Sister) also in Scripture, and the word (King) by propriety of one and the same voice and signification expresseth the Queen, both in Scripture, and 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 itself? 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 and dignity of the Crown, and the laws of the Realm unto the King: yet all manner of the for said jurisdiction and other prerogatives are, and aught to be fully and wholly, and as absolutely in the Prince female, as in the male. And so was it ever deemed, judged, and accepted, 
Anno Mariae 1. c. 2.  before the Statute made for the farther declaration in this 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 clean extinguishing of the same, we will refer the Reader to the noble Civilian Paulus, and to the rule before, by us touched. 
L fi. ff. de Legibus.  Si de interpretationelegis quaeratur: inprimis inspiciendum est, quo iure Civitas retro in eiusmodi casibus usa fuit. Optima enim legum interpres consuetudo. 
the jews never in terpreted this word after the sort, as the adversary doth.  It is for us then to consider, whether in judea 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?  
Surely at such time, as Christian men bore rule at Jerusalem, we know well, there was no such interpretation. For among other ●ulko the County of Anjou, 
Alliances c. Paradin● Fulko and others kings of Jerusalem by their wives right.  who left his said County to Geffrey his son, Father 〈◊〉 Henry the second, by th'empress Maude, and went to Jerusalem to King Balduin the second, and there married Melysand his daughter ●nd heir, was afterward by his wives title King of Jerusalem. Salome Herodes sister was made Governess by Augustus Cesar of jamnian, Azorum, Phasilides and Ascalonia. Which thing is a good proof, 
joseph. lib. antiq. jud. 17. c. 13.  that the romans thought it not unnatural (as ye think) for a woman to enjoy civil government.  
I might hereto add the wives of joannes, 
Iose. lib. 13. c. 19 & 20 Egesip. de excid. Hiero. l. 1. c. 12 the wives of joannes Aristobulus and Alexander governed the jews  of Aristobulus and of Alexander, who governed and ruled the said jews, after the death of their husbands, with such other. Which stories though they be not in Scripture, yet are they. Authentical, and of good credit. And yet are we not altogether unfurnished of a scripturely example, but rather we are so furnished, that God so long before foreseeing that there should come such unnatural cavilling quarrelers against his creature and providence, hath as it were all at once met with them, and answered to all such calume nious cavilling of yours and such others, as you shall by and by understand.  
A woman, pardy (if we believe you) must not keep the state and honour of a Prince and Queen. 
Genes 2. & 3  And why, I pray you? Was not she created to the image of God, as well as man? And doth not she represent the Majesty of God? Did not God bless them both? Did not God bid them rule over the fish of the sea, and over the foul of heaven, and over every beast, that moveth upon the earth? But what thing mean you by th'image of God? Mean you, as S. 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 representeth the blessed Trinity, which is (as such an high thing may be) somewhat 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 women have not, or may not achieve and attain? For learning, there have been many women exactly learned, in Music, A strononie, Philosophy, Oratory, Physic, in Poetry, in Law and Divinity.  
Atossa the Queen of the Persians, 
Women earned.  of whom we have spoken before, was the first, that invented the manner of writing of epi●●les. 
Clement Alexand. Stromat. lib. 1. Plato in Mene. Socrates in Simposio Platon. Albericus l. Qui filium Vbi pupit. Hieron. In Praefat. in Sopho. ad Panlum & Eustoc. Tripart. lib. 11: c. 12. Diodor Sicul. lib. 1. & 5.  Aspasia was Scholemaistresse to that ●oble Orator and Captain Pericles. The ●oble Philosopher Socrates was not ashaned, to be taught of Diotina. Accursius his daughter professed the Civil law openly at Bononie. The Sybils be famous among Writers, aswell Christians, as other. Paula and her daughter Eustochia were notably learned: and divers other women in S. Hieromes time, as it appeareth in his works, besides divers other before his time, of whom he maketh mention, as also of the aforenamed Aspasia, Sappho, Cornelia, and such like. Hyptachia passed all the Philosophers of her time, and succeeded Plotinus in Plato his School, openly professing at Alexandria divers liberal sciences. 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 woman 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 Sycambricae: 
Illa Numae coniunx. consiliunque fuit. ovid. 3. Fastorun. justinian and other Princes consulted with their wives in public affairs. Women the occasion that the Kings their husbands were converted to the faith. Theodelida Bertha. Clothildis. justinian. Authen. ut judic. sine quo. qui suffrag in princip l. been. c. de prescript. quadrienna. Hero. Hal lic. lib. 1. Tripart. lib. 9 c. 31.  of Martia Proba, of Helena, and such other like. We need no● run up to so high and far years: w● have hereof at home date and also present and worthy examples. Perchance you wil● object, that women are unable and insurf●●cient, to consult of great and weighty affairs, as being but of weak and feeble wit and counsel. If this reason hold, you must exclude from all princely Honour and Regiment, al. Kings that be under age, or otherwise that lack discretion, as well as women. And yet, as weak as they are, Numa King of the Romans, the great Monarch justinian, besides others, did consult to the great commodity of themselves and their commonwealths, with their wives, for the better ordering of the public affairs. The life of the great Monarch Cyrus was preserved by the counsel of the wife of an herdman. Theodosius also th'Emperor took great benefit, by the good counsel of his wife. Theodolinda was th'occasion, that her husband Agilolphus K. of the Lombardes, and Bertha, that our King Ethelbertus, Clotildis, that Clodoveus the King of France, received the Christian faith. The Lacedæmonians, the wifest people amongst the Grecians, 
Paulus Diacon. de gestis Long. Beda lib. 1. Eccl. Hist. Paulus Ae. mil. lib. 1. Plutarc. in come Numae & Lycurg. & in vita Aegidis. August. d● Civit. Dei lib. 18. c. 9 Plato and Aristotle do not utterly reject women's government. Tacitus de moribus Germanor. Plato. Dialog. 5. Repub. Polit. lib. 2. c. 7.  and the Athe●ēses also used in the old time, to have women present at the debating of public affairs. Which thing was practised among the old Germans. Neither Socrates, nor Plato ●o altogether remove women, being apt and meet thereto, from public administration. A●stotle confesseth, that in the commonwealth of the Lacedæmonians, many things were done by women. The said Aristotle, though he preserre the rule and government of men, yet doth he not reject the other, as unnatural, but granteth, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. That sometime women, being great inheritors, have the principality. Now that many commonwealths have been commendably and worthily governed by them, and that in their government lacked neither wit, policy, dexterity, prudence, liberality, justice nor morcy, neither any other thing meet for a Prince: I could easily declare, but I do forbear by reason of tediousness, and for that in the perusing and discussing 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 you think it still to be unnatural and against Scripture, for a woman, that is ordained to be subjecteth to her husband, to be Governess and Head to a public state: and that you think also, that 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 seem in no wise agreeable to a woman, and is surely the dificultest matter of all in our case and question, and that you can not, nor will not be satisfied, unless you may for this, and all other doubts, be by Scripture persuaded: lo than I bring to you one authority of Holy Scripture to serve all turns. I bring, I say, noble Deborah, to decide and determine all this controversy and contention. who, you can not deny, 
Deborah was Governess of the jews by God's special appointment. judic. 4.  was the chief and supreme Magistrate over the people of God, to Gods well liking, and by his own special gracious appointment. She heard, determined, and decided all manner of litigious and doubtful controversies, aswell for bargains and contracts, as for doubts and ambiguities of the law: and that not by other Magistrates intermediant, but by herself personally. Erat autem Prophetissa: she was a Prophetess. 
Homil. 4. in 4. cap. judic.  which words Origen singularly well doth ●ote, saying: that holy Scripture doth not use such phrase of speaking of any other of the judges, lest any man should grudge and repined (as this froward natured man doth) at woman's regiment.  
Let no man tell me now of the courageous Amazons. 
Pollio V●pistue in vita Aurelian. Herod. lib. 8. justi. lib. 2.  Let no man tell me of Zenobia the Queen of the Palmeries, and besides her excellent learning, of her noble Chivalry, nor of Artemisias, that white liuered and coward Perses manly wife, nor of our manly Voadica, nor of any other the wise politic victorious Queens, that we have before named, or of any such like. Our Deborah shall serve us, one for al.  
jabin the King of the Cananees had kept the people of Israel for their sins and offences to God twenty years in great misery, slavery, and bondage. 
judic. 4. joseph. antiq. jud like. 5. c. 6.  He had three hundred thousand footmen, ten thousand horsemen, and three thousand charnotes, 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 Sisara, ●abins captain. But Barac would not go, 
The great victory of Deborah.  unless she went also. Well, saith she, I will go with the. When they should have buckled, Barac and th'israelites, fearing the huge multitude of th'enemies, would have recoiled back into some safer and surer places. Nay, saith Deborah, departed not, pluck up your hearts, for all is ours. And upon this they encountered with th'enemy, and behold there fell suddenly upon th'enemies faces so vehement a storm of rain and hail, that it took from them their sight, and did so sore beaten them, that for very cold and weakness, they were not able to hold their weapons in their hands. Thereupon being wonderfully discouraged, breaking their array, they took them to their feet, and in fleeing, some were slain by th'Israelites, some by their own horsemen and Chariotes.  
I speak not this of Deborah, because I think warlike matters properly, and so well to appertain to women, as to men. I know and do well allow the saying in Homer, of Hector to his wife: 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉.  
I speak it to this purpose only, to show, that a woman may not only have civil regiment in other things, but may intermeddle also, when the case requireth, with warlike matters, and be present with the Army in the field. 
The ceremonies that Kings of England used in their coronation.  And this also among other ancient and solemn ceremonies, the girding of a Queen at her Coronation with a sword, the setting of a pair of spurs to her heels may well signify.  
Which Ceremonies though they have been used from the time of King Edward the Confessor at lest, and from the noble Alured and that upon Kings only, except our own time: yet the reason and signification of the same, 
Vide specu lum Histor. Rich. Castrens. lib. 3. cap. 3.  may and doth take place in women Princes also, to put them in remembrance, to chastise all malefactors with convenient justice. Yea with speed to pursue not only by their underofficers, but in their own Royal persons (if the necessity of the time require it) their inward and outward enemies. Wherein they have a precedent in this worthy Deborah.  
This Barac, 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 wise to the husband doth nothing repugn to the public administration and office of the wife. Each without other may friendly and preaceably agreed. She may serve all turns, to the contentation of God, her husband, and the Commonwealth. For the respect whereof, the said husband being but a member and parcel of the same, and as subject to his wife, in that respect, as any other: she may, yea and aught to command the said husband, and as the case may stand, severely to punish his outrageous behaviour, and doings towards the said Commonwealth. This noble Deborah therefore condemneth your Conclusion, as 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 bore and an extraordinary privileged and personal example, having none other the like in Scripture. 
One only example in Scripture a sufficient precedent.  And therefore not to be drawn, to make thereof a rule or precedent for womanly government. If this your reply be effectual, then farewell the Baptism of young children, whereof it willbe hard to found more than one, if that one example may be found in all the holy Scripture. Then farewell a numbered of rights, Ceremonies, customs, and orders, aswell in ecclesiastical, as in political affairs, all which have but one, and some no one example at all therein. Yet it so being, that the use thereof is not repugnant to the said holy Scriptures: they have been, they are, and may well hereafter be kept, used and observed.  
And yet I know no cause, but that the worthy judith may be another example also: 
judith. 19  who though she were not governess of the Commonwealth at that time, but others: yet played she that part, that seemed most abhorring and strange to woman kind, devising, yea and most manfully and marvelously executing in her own person, the renowned slaughter of the arrogant, haughty and proud Tyrant Holofernes. 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 withal, and so was taken and 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 government would have been as well profitable to the commonwealth, as conformable both to nature, and the holy Scripture also. Which example though it may seem sufficient to overthrow your answer (be it never so artificially forged) to Deborah: yet to refute and refel it utterly, not only by examples, but even by plain and full authority of holy Scripture, 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 without 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. If you grant it, them ask I farther, what if any civil government more or less be annexed and united to this inheritance (as it is not only in Empires and Kingdoms, but in many Dukedons, Earldoms, yea and Lordships also) whether she shallbe excluded from the said her inheritance? If ye say, yea: than you say against Scripture. If you say, that the inheritance must remain in her, and the civil government to others: then say you against all reason, against the use, manner, and custom of the whole world: it is but your own fond foolish gloss. Whereupon I do infer, 
It seemeth by the rules and words of holy Scripture, that a worman may have Civil government.  that womanly government is admitted, not only by these examples, but even by the very words, rules, and decrees of holy Scripture. And so I trust you are, or have cause to be fully satisfied, aswell touching your allegation, that womanly Regiment is against nature, as also touching a brother to be chosen king. 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 Queen Marie from the succession of the Crown of England.  
You reason, that where the people erect themselves an Head of their own kind and Nation, there nature assureth the people of natural government: and where a stranger carrieth opinion of unnatural tyranny, it assureth the ruler of unnatural subjection. To a stranger is murmurre, 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 withal avoided, which may and doth oftentimes take place in more strangers, coming in by violent and forcible means. But here, as natural a man, as you make yourself, ye seem 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, and a great folly in the noble Kings of this and of many other Realms, to give out their daughters to foreign Princes in marriage. And in stead of preferring and advancing them by their marriage, and 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 seemeth by your kind of reasoning, to purchase and procure beside to them thereby an opinion of enmity and tyranny.  
This, this, I say, is a froward and an unnatural interpretation. Nature moveth and driveth us, to think otherwise, and that both 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, and that the people likewise will bear singular love and affection to such a one, specially of such known Princely qualities, as this noble Lady is adorned withal. 
The Q. of Scotland no stranger to England  Surely it is no more unnatural to such a Prince, descending from the ancient and late royal blood of the Kings of England, to bear rule in England, and as it were to return to the head and fountain, from whence originally she sprung: than it is for all floods and rivers which (as Homer saith) flow out of the great Ocean sea, 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉. to revert, return and reflow again to the said Ocean.  
This coherence, conjunction, copulation, inclination, and favour running 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 fountain and the River issewing from thence, then of the son and of the son beams, and finally then is the conjunction betwixt the old ancient living grandmother, and her young and tender daughter. Neither do I well know, how I may better call noble England, than a living grandmother to this good gentle Lady, whom we (I do not doubt, if ever God call her to the Royal state thereof) shall not only found 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 this realm which by reason of the said mutual inclination and benevolence of th'one to the other, standeth with the law of God and nature, and with all good reason. And therefore your conclusion is against God's law, Nature and all good reason. Whereby you full ungodly, unnaturally, and unreasonably, do conclude, an exclusion of the Q. of Scotland (pretending her to be a stranger) to that right, that God, Nature and reason, and the true hearts of all good natural English men do call her unto. 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 this being the principal, aught to breed 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 disable her right, or to disgrace her, and bleamish either her honour, or this happy union of both Realms, if God shall so dispose of it, aught much less to move any man. An happy union I call it, 
A great commodity that shall come to England and Scotland, by the union of them, in case this Succession chance.  because it shall not only take away the long mortal enmity, the deadly hatred, the most cruel and sharp wars, that have so many hundred years been continued, betwixt our neighbours, the Scotsmen and us, but shall so entirely consociate, conjoin and so honourably set forth and advance us both and the whole Island of Brittany, as neither tongue can express the greatness of our felicity and happiness, nor heart wish any greater. The old enmity hath trodden down, and 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 ugly slaughters, as it will grieve and pity any man's heart to remember: and yet neither to the great augmentation of our possessions at this day, nor to their much loss, they having lost nothing of their old aunciene inheritance, saving Barwike only. If this conjunction once hap, and if we be once 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, fashions, and behaviours: then will all unnatural and butcherly slaughter, so long hitherto practised cease, then will rest, quiet wealth and prosperity increase at home: then will all outward Princes our friends rejoice and be comforted, our enemies dread us. Then will the honour, fame, and Majesty of the Island of Albion daily grow more and more, and her power and strength so greatly increase, as to the friend willbe a good shield, and to the enemy an horrible terror. Then shall the outward enemy little endamage us: then shall we with our children after us reap the pleasant fruits of this noble conjunction, wrought thus to our hands by Gods good and gracious providence, without expense, force or slaughter, which hitherto a numbered of our courageous, wise and mighty Princes, have this thousand years and upward sought for (but in vain as yet) with so excessive charges, with so great pains, and 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, by side 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 th'English Kings withal, as well long before, as sithence the Conquest: yea and of the Britaines also the most ancient inhabitants and Lords of this Island, do wonderfully, and (as it were) even for such a notable purpose, by the great providence of God, most happily concur. The evident truth whereof, the said Queen's pedigree 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 unthankfully 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 withal coming thereby (as I have said) to whole Albion, as a greater we cannot wish. And finally we shall procure and purchase (as much as in us lieth) such disturbance of the commonwealth, 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 and pray serve us.  
FINIS.   

Hos tres libros à viris Catholicis, ijsque eruditissimis lectos, & examinatos, intellecto ab ijsdem librorum argumento, unà cum editionis necessarijs causis, iudicavi meritò edendos esse.  
Actum Lovanij. 6. Martij. 1571. Thomas Gozaeus à Bellomonte, sacrae Theologiae Professor, & authoritate Pontificis librorum approbator.   

Errata Libri secundi. Fol. Pa. Lin. Errata. Correction. 4 2 16 Ad And 10 1 18 world word. 11 2 14 good goods 28 2 17 Bblach Blanch. 32 1 3 in Chancery In the Chancery. 53 2 16 lands and testaments lands and tenements 58 2 24 lawfully niece lawful niece. 64 2 5 unto heirs unto the heirs. 66 2 27 be produced be procured. 67 1 17 put out wrongfully. Errata Libri tertij. 9 1 2 Solomon Salmon. 9 1 5 falsely safely. 15 2 22 father Constantinus father Constantius.