ALLEGATIONS In behalf of the High and Mighty Princess THE LADY MARY, NOW Queen of Scots, Against the Opinions and Books set forth in the Part and Favour of the LADY KATHERINE, And the rest of the Issues of the French Queen, Touching the Succession of the Crown.  
Written in the Time of QUEEN ELIZABETH.  
London, Printed by J. D. in the Year 1690.   

THE PUBLISHER TO THE READER.  
I Thought it not improper to subjoin the following Treatise, written by a Lawyer in Queen Elizabeth's Time, whether ever printed or no I cannot say, in favour of the Title of the Queen of Scots, against the Pretences of the Lady Katherine, descended from the French Queen, Sister to H. 8. and married to Charles Brandon, Duke of Suffolk.  
The Author shows himself skilled in the Civil, as well as the Common Law; and tho he had occasion to maintain a strict Right of Succession to the next in the Line, according to which he will have it, that H. 4. H. 5. H. 6. with-held the Crown by wrong; Which I suppose proceeded from his not observing what Parliamentary Confirmations their Possessions had; Yet himself says, That we are all bound in Reason, to have always more regard to the State and Dignity of the whole Weal public, than of the private Preferment or Commodity of any particular Person. Nay, he says it appears from History, that many Princes settled in their Kingdoms, have been judged unworthy of their Callings, for what would now be looked on as a very slight Matter. And many things he speaks with great judgement, which tend towards the justification of what has lately been done for the Publick-Weal, and Preservation of the State and Dignity of this Realm.   

THE AUTHOR TO THE READER.  
AS every man may think it very necessary, both for the great weal, and great quietness of this State, to know certainly, to whom, of right, the Honour and dignity of this imperial State, and crown of this realm of England should fall, or descend unto( yf ought should hap to queen Elizabeth our supreme and most gracious governor) whom it may please God long to prosper with long life, good Husband, and many Children, to her Highnes contentation, and the general weal and reastfull dayes both of her majesty, and of the whole realm: So think I that none can like well, that any, with any coloured or deceyueable mean or argument, should go about to set forth or persuade the natural and loving elects thereof; that the Succession appertained to those, that in deed have no just Right, Title, or Interest to the same. And therfore because some have endeavoured themselves by writing to show, that the Succession appertained unto the Lady K. Grey, the which, as may appeerr, by no direct right or reason, can pretend any just Title or claim thereunto. I have not thought it unfitt, hereby to show the state and troth therof more plainly, to such, that ells, either by such practices, or ells by such works, might otherwise rest deceyvid. And that I shal be thus occasionyd to utter herein, neither is, nor shal be with any mind or motion to offer any injury, or to stain or spot the Name or Honour of any, but onely to answer those arguments, the which as they be grounded upon no truth, ar so, worthy of no favour. And to answer therein, without wrestinge or applyenge any case otherwise, then the state of the matter doth most plainly and truly crave the pronunciation of the Law. So that yf any thing be said, it is the very necessity of the cause, so necessarelie for this state and this time, to be thus touched, and the judgement of the Law towchinge the same, that speakith or vtterith any thing, and ells no other disposition. And because our Bond and Duty is rather to haue regard of the State and Dignity of the whole weal public, and of the good success, prosperity and quietness therof, then of the undue title, or interest, of any particular person or persons. I trust this travail may the rather be accepted and taken in better parte.  
And so to the Matter.  

First to the illegitimacion of the Lady K. and the rest of th' Issues of the french Q.  
And after of their Force or Interest by the will.   
touching the First. It is notorious and well enough known, that when Charles Brandon Duke of Suff. married with the Lady Mary the french Q. that he had then an other wife living, which was the Lady Margaret Mortimer, with whom after marriage he lived dyvers yeres as lawful Man and wife: and after upon certain discord between them, of his own motion, without any form or maner of lawful judgement, that he separated himself from her and forsook her. And what rashness or rather folly may it be comptid, to reply or write against so manifest a troth with conjectures? as to say, it is not likely that K. Henry would ever have consented that his Sister should mary one which had an other wife living. Since that ther is yet so many lyvely witnesses, the which of certain knowledge can be Testes, 
The said Charles matchid with the french queen 1515. She died Anno. 1532. La. Mortimer died An. 1533.  that Charles Brandon and the Lady Mortimer were Man and wife, and have seen and did know the Lady Mortimer long after the marriage, yea, and peradventure after the death of the said French Q. And touching the K. although it is to be thought, that yf he had known that the Duke had had an other wife living, that he would not have consentyd that his Sister should have married him: It might be notwithstanding full well, and it is possible that yet he had one, and that the king might not know thereof. For as Princes have ben the greater or the mightier, so much the less, commonly, have they ben wontyd to understand of the doings in such matters of pryvate Persons. But in this case ther be as perfect Clerkes, and of as good understandinge as any were, at th' advice of these books abroad, that ar of opinion certain, that the French Q. and the Duke were matchid before the king was prevy thereof: and some Pardon or Pardons obtained for the same, upon small search, may happen to be found that may testify as much; and of necessity, we can no otherwise think, but that it was so: since that as much as is said of the Lady Mortimer, may be affirmyd by the said Witnesses as a thing most certain and notorious. The which being true, then is it certain that the Lady Mary, the said French Q. could not be his lawful wife. And that the said Charles, Duke of Suff. could not live with her but in Adultery. For the words of the lord be plain. 
Mar. 19.& Marc. 10.  Quicunque dimiserit uxorem, nisi ob fornicationem,& aliam duxerit, maechatur. Et qui dimissam duxerit, maechatur. now that one born in Adultery, and notwithstanding is legitimate, that cannot be: And therefore the Lady K. being comme of one not legitimatly born, cannot inherit, or be capable of the crown. And herein it is to little purpose to cavil with Canons or decretals of the Pope, against the plain and manifest Word of God, from whose usurped Power, as this realm is most happily delivered; so hath his laws in the same lost their force and vigore. But admit that the Pope's Lawe had in England any Authoryte, at least it should be an impious thing in what place soever it were, where the word of God is so clear and certain, to stick rather to the Pope's Law, then to the Lawe of God. 
Parnormi in ca. supper iila de secundis nuptiis.  But all this notwithstanding, let us see what Reasons they be besides, that ar brought in the favour of the Lady K. One is, forsooth, that the Lady Mary, the French Q. and the Duke of Suff. having lyved many yeres together as Man and wife, and their Matrimony celebrated publicly in the face of the church, without any thing said against them during their lives; that therfore though he had twenty Wyves then living, that yet the Children of the queen and Duke are to be taken no other then as legitimate. And th' other, that it is sufficient for the legitimation of their Children, that the French Q. seemyd to have no knowledge that he had any other wife living.  
To these great Reasons, and their Authority, it is easy ynnough to answer. For it is a maxim in the Civill Lawe, That that which from the beginning is not good or lawful, cannot with any process of time be betteryd. 
L. quod mitio ff. de regu. juris.  And therfore the matrimony not being lawful at the first, no time is sufficient or able to make it lawful. And yf that which is said of the long continuance of the matrimony, without any thing said against it, had ben such to have comme in any consideration, it might have had some colour or show of reason; the rather, yf the parsons against whom any such controversy should have risen, had ben of such degree or condition, as any might freely have proceedid against them. But they were Princes, the Woman the Kinge's sister, and the Man a Duke, and in great favour with the Prince, in such sort, that the great and the imminent danger and peril that did depend therof, was, and is the aparaunt and manifest cause why no Man did or durst begin with them, or attempt any such matter, and specially in a thing that touchid any whit the displeasure or dishonour of the king himself: And therfore that long continuance in Matrimony, after that sort, without controversy, is not to be countyd for quiet and peaceable, but rather injurious and violent. 
Arg. l. in. fi. C. de ann. exe.& l. 1.§. si quis autem ff. de iti. act. pri. C. quia. de conces. pre. l.§. 1. ff. quod vi aut clam.& l. de pupillo.§. si quis ff. de ope. novi nun. cum ibi not. per Bar.& alios.  And such as cannot help any thing to the legitimation of the Children born in Adultery.  
To th'other, touching the ignorance of the Queen, although it were granted, that some ignorance, in some sort, might the rather shadow the illegitimation of the Children; yet it is not therfore that every kind or sort of ignorance might be accepted to bolster forth such causes, but a probable ignorance: for the Lawe tendith to the favour of the vigilant and diligent in their own causes, and not to the wilful, slothful, or negligent. And those that contractith with any, they ought to know and understand each of the others State and Condition, 
l. qui cum alio contrahic. ff. de regu. juris.  and not to understand that is commonly brutyd, is to be attributed unto the Parties default. 
l. quod verba ff. de 'pon.& l. siut certo.§. nunc videndum. si. commo. cum ibi notatis.  And such a kind of ignorance is called a Voluntary, or ellis a dessembled Ignorance, and helpith nothing to the ligitimation of the Children, the Matrimony being contrary to the public Lawe of Honesty, even by the canonical and Civill Law; 
Cap. cum inhibitio. de clan. desp.  for since Charles Brandon, after Duke of Suff. had lyved with the first wife so long, being of such a calling, and she his wife, of such a House, and such a living, and in the same country; It had ben very easy, with any never so little a diligence used, to have come to the knowledge, whether he had had any other wife living, or no. And the Lawe entendith, that one that either doth understand, or ells is in ability easily to understand, to be all one. 
l. pen. ff. ad maced. l. in bonorum. in fine ff. de bonorum poss.  Since then the French Q. yf she had liked any thing to have herkened, preached, or demaundid, moght easily have had intelligence, whether the Duke had any wife living or no; It is as much as if she had known it: so doth it manifestly appear that the Children born in such Matrimony, cannot, by any mean, be reputyd or taken for legitimate, or able to any inheritance, and much less of the crown, since that for the Honor and dignity of the realm, whosoever should be worthy or capable of the crown, it is meet, that not onely they should be free from any stain or spot, but also from all suspicion of any. As Julius caesar said of his House, when, for the onely suspicion of Adultery, he did put away his wife, saying; That the House of caesar ought not only to be without vice, but also without all suspicion of any. besides, if you should consent to put yourselves in subjection to such so unworthely born; Behold, and consider, I pray you, by the way, how far off you should show yourselves inferior in consideration, from the many and noble Examples left unto us by other Countreys, as particularly of later Memory, by the Noble Nation of the Spayniardes. Where a Daughter being born of the queen, wife to Hen. 3. king of Castile, and most speech, great presumptions and secret murmuracion therof passing, that not the king, but an Adulterer, should be the Father therof. The Barons, earls, and other Nobles of the realm, did assemble together; and considering what spot and infamy it should be unto the whole Nation and country, yf in time coming they should have their Q. a Woman thought of, and esteemyd but as a Bastard, did not only deliberate not to aclowledge, or not allow of her as legitimat heir of the realm, after the death of the king; 
The Case of the putative Prince of Wales.  But would without delay be dischargid, and assured from that gratte dishonour and infamy. And thereupon so became most humble suitors to the K. that as it apperteynid unto the Honour and dignity of him and of the whole realm; It moght so please him to repudiate the Q. as adulteress, and declare that Daughter not to be his, but born in Adultery. showing him besides, that yf he would not have regard unto his own Honour, and to do that, that touched so much his Estate, and the dignity of the whole country; that they, for their partes, could not, nor would not so much forget their Duties to suffer it. But rather determined to depose him, as a Man that made small count, either of his calling or Honour, and therefore unworthy of the crown. By which you may see how far such Occasions may sometimes carry Men past the terms of their callings; whereof did grow afterward great Contention, and finally that Daughter never admittyd unto the crown, but the Succession transferred unto the Lady Isabell, Sister of the K. A queen, for her Valour and rare virtues, of great famed and renown. And yet, notwithstanding, according to the canonical Lawe,( of force and strength in such Cases as most proper Judge) although the Adultery of the Queen indeed were more then manifest, yet moght they have presumyd that the Child had ben rather of the Husband, then of the Adulterer; so favourable are those laws unto the Birth. But those Noble Men, as jealous of the Honour, famed, and reputation of their country, did think that it importyd a great deal more to maintain and assure the dignity of the whole realm, refusing a Person of doubtful Birth, then to have respect unto the particular Interest of that Child. And thus tendrid these so much this Honour, that they could not, nor would not tarry the time to entreat of the Succession, when it should hap, but would, by and by, put the matter out of doubt. And you, when it is so needful, and the time doth so require it, to know one certainly for your prince and just governor hereafter; Will you make no count hereof? They, I say, for these respects, did refuse one, that according to th' ordinary course of the Law, they moght easily have presumed of to have ben legitimate: And will you submit yourselves to a person, that, according to the ordinary and Canon Rule and Order of the Lawe, is so manifestly known, taken and showed, discendid plainly as illegitimate? Oh take heed, for yf ever this hap in your heads, what other thing will it turn or grow unto, but unto an open and universal declaration unto all the World, that you, between Honour and Dishonour, Right or wrong, causes of prosperity or ruin, do make no difference at all: Which opinion once conceyvid of you, boast, brag, or compare after, the nobility or Excellency of your country, or the Stoutenesse of yourselves, with other Nations, ye may well ynuough; but who will not rather mock or scorn at your madness or folly, then beleeue you as of any Reason or judgement?  
And this that is said( as is before touchid) hath authority, and is, both according to Divine, Canon, and Civill Lawe, and besides, according to the Lawe of Nature and Reason. But though we should admit, that by the Canon Lawe these descendentes of the French Q. were to be tolleratyd or allowid as legitimate, yet doth it not follow, for all that, that in this realm they ought to be taken or accounted for legitimate or inheritable: because that for any to be born legitimate, heritable or Bastard here, is judged, not according to the Canon Law, but according to the Lawe of the realm. And this doth appear manifestly, by the Statute of Merton, Cap. 9. Where the Bishops instanced the lords, that they would consent that all such as were born before Matrimony, should be legitimate according to the Canon Lawe, as well as they that were born within Matrimony. Which could not be obtained; but determination made, that they should stand unto the laws of the realm, and not unto the Canons: And that one born of a second wife( the first still living, by occasion of ignorance, that the second wife may pretend, that the Husband had no other wife alyve) should be taken or counted for legitimate or inheritable, is not authorized by our Lawe. But plainly the contrary, as may appear by Bracton, Glandvill, briton, Parkins, and the whole course of the Lawe. wherefore to allege that it is not lawful to count such for bastards after their death, though during their life they were taken or counted for no other, then as legitimate, is a poor help, a slender proof, and to this purpose maketh nothing at all; for Litleton, Cap. of Discentes doth declare, that this continuance to purge the Bastardy, is not to be alleadgid in every sort of bastardy, but in that onely that is born of the Woman that the Father doth after mary, with other Circumstances, as may appear, far from this matter. But to object that herein might further have fortunyd, though peradventure there happed never any such matter, because nothing may be thought of now, or ells remembrid hereafter, that in this case to the uttermost that might have chaunsed, may not presently be fully said unto, and answered; Let us admit, for the salvinge of the Bastardy of these Issues, that the Pope's bull might have been obteynid,( which though both against any godly and lawful Matrimony, and against the Law of the land, perhaps, might easily have been compassed) yet notwithstanding should the same have made as little to the purpose, as th' other proper Reasons before alledgid: For such a bull( though it had ben of valour in England, as it is neither now, nor yet ever was when the Pope was here in greatist Authoryte) should either haue pronounced and declared the same Children to haue ben legitimately born; or ells of bastards, it should have made them legitimate.  
In as much as it should have declared them to haue ben legitimately born, it had ben needful that it should haue ben with pronuncinge the Matrimony with the said queen and Duke legitimate, notwithstanding the other wife had ben alive; and that could not have ben grauntyd,( the case being as it was) but vpon some false or feigned surmise. And therfore, according to their own laws or Canons, it should haue ben of no force or valour. But let it haue ben according to what Canon they had listed; the Common Law of this realm of England should never haue ben bound by any such bull, and specially when the matter vpon any point of Illegitimacion is to be called in question, by reason of any Issue joined vpon bastardy, after the death of the Parties, which ar to be impeached as bastards, by reason of any second, or other marriage, during the life of the first wife, the same being never upon any suit at the Common Lawe brought in Question, whilst the parties in whom bastardy is not allegid, lyvid. 
Vid. Bracton, F. 216. upon the Statute of Merton, he mentions a special return at that time required. Of which more in the second Part.  The greatest doubt that in such case might haue happed, is, that if the matter had ben called in question at the Common Law, during the Pope's Jurisdiction in the lives of any of the Children of the said Duke and the french queen( which be now all deceased) and an Issue had ben joined vpon general Bastardy, or vpon some other general Issue of Divorce, the same should then haue ben tried by the Certificate of the Ordinary; and thereby, perhaps, by somme such sleightful Certificate, the unlawful Doings of the Pope( if any such had ben in his time) might so haue ben allowed covertly. But allowing it were triable at this day by the Ordinary, the Pope's Dispensation carrieth not in our Law the Jurisdiction of the Ordinary; nor is not so to be receyvid, but it must recyve a trial directly by th' Ordinary, whose Certificate must proceed according to such matter as may inform a truth, or ells it must receive the trial by a Jury of twelve Men, according to the common usage of Tryalles. And who can think, if the cause of any such separation, stirred upon no just Motion, but onely of corrupt or fleshly disposition, should come now in question; that either any Ordinary, or ells any Jury, in so plain and open Bastardy, would either so far forgeete or hazard theimselfes, or elles exceed the bonds of their duties to God, their country, or all honest Reputation to the World, to certify such Issues to be legitimate; whereby no Controversy should be decided, but rather dangerously increased, and the whole Government of such a Noble realm thereby brought unto a double Bastardy as the case now standeth: For touching th' Issues between the Duke and the French queen, yf question be asked whether they be lawful? answer is made, They are not, because the Duke was first lawfully married to the Lady Mortymer, and continued with her above seven Yeres; and that he was married after to the French queen, during the said Lady Mortymer's life, who overlyved the birth of all the French queens Children: Which answer, by our Law, clearly destroyeth the second Marriage, and maketh it void, and so all the Issues clearly bastards. And this is th' absolute Judgement of our Lawe, so as now th' Issues of the French queen cannot any way help theimselfes, but they must first destroy the first marriage, which our Lawe will never disallow until it be first disannulled. And therfore yf the Duke of Suff. had had any Issue by the L. Mortimer, those Issues should haue ben allowed his heirs, by our Lawe, notwithstanding the marriage after with the French queen. And therfore for that the French queens Issues rest dissabled in point of Common Lawe, they must make theimselfes able, by some such proof as may satisfy the same Lawe, before they can be receyvid. And yf they seek their relief by any dispensation from Rome( as is said) it servith not, although ther were a Dyvorce to be proovyd by any such Instrument. And it is most true, that they ar able to prove no lawful Devorce within the realm, though by search it hath not onely ben perceyvid, but is evidently to be provyd howe many corrupt and subtle attempts by sundry means hath ben taken in hand to cowntenance those matches with the French queen and other, as by a supposition of a suit sued between one Anne brown and the said Charles Brandon, whereof should arise the displeasure between the Lady Mortimer, and the said Charles her Husband, seven Yeres and more after their marriage: During which time the said A. B. God wot, never took it so earnestly as she once complaynid to the Lawe, or ever thought of the matter, nor as it seemith would ever haue done, yf in this time the said Charles had not consumyd the said Lady Mortimers wealth and Lyvelyhoode, and found her Yeres not answerable to his Yeouth and wanton Disposition; for satisfyenge whereof, this acquaintance, that Bely rising, and these practices after happed with the same Anne. whereof riseth now these feeble-groundid Histories, this speech, and these Devices, that she forsooth should be precontracted to him before, and had a child; which child, eight Yeres after, is known well inoghe, was but two or three Yeres old at the most. A strange case; and yet she had it at seventeen, or nineteen, and was but twenty at the time of this supposed Divorce, when the said Charles and she came together. Well, I say no more, for the Case is scant worth the speaking of; but yf this matter were to be showed, ye should see such a patron of a Divorce, as they that faynest would have it, would soonest be ashamyd to countenance their Title upon the same; and yet these Passages thus happed in these Dayes, and in that life, from better to worse, advoutry upon advoutry, and such other stuff.  
But how vain is it to write, or to occupy you with these Digressions, as with what might haue ben, what is supposed to haue been, or such other vain and frivolous practices or shifts; as hereafter may be, when it behoovith so much presently to consider what in this case properly may and ought to be? And therfore because it is one of the most assured ways to understand what the Lawe willeth, or is in any question to admit, that the matter were at present to be decided by dew course of Lawe, with all the policies that on both partes may be used for their most avail and purpose, and so to bring the same in form of Lawe to such a point, as judgement may be therof given rightly. Take herein for Ensample, that I. S. made a gift of land to Charles Duke of Suff. and the french queen, after their marriage, and the Heires of their bodies; and now the same I.S. bringith his Action of Formedowne in reverter for the same land, against the Lady K. and her Sister, and the residue of that line; and supposeth that the Land ought to him to revert, for lack of Issue lawfully begotten between the Duke and the French queen: and they come and plead, by way of bar, the marriage between the French queen and the Duke, and convey the pedigree lineally. whereunto I. S. replieth, and showeth a former marriage with the Lady Mortimer, and averrith her life after their Birth. And the Lady K. and the rest, cannot by Lawe maintain their bar, and destroy his Title, unless they plead a lawful Divorce; and yf they plead any such, yet the same shall not be under the Pope's bull, but by the Certificate of th' Ordinary, and for that th' Ordinary hath no record, or other lawful proof, whereupon he can lay any Foundation to certify any lawful Divorce, therfore the Certificate cannot be avaylable. And so to conclude, ther is no doubt in the troth of the case, and by like reason no doubt in Lawe( if you will allow the proceedings according to troth) but that the bastardy remaynith, and is not able to be purged.  
And yf the bull should have ben to make the Children of the said queen and Duke of bastards legitimat, besides the Reasons before alledgid, which ar as effectual in this purpose as in the other; yet it is most true, that such legitimation had ben of no more force or virtue here in this realm of england, then they be of in those Contreyes that ar at the Pope's Obedience. And who soever is legitimated ther of the Pope, is not to be understandid for all that, to be legitimate to inherit, but in the Lands that do belong unto the church. 
Imo, in caper venerabilem qui filii sint legi.  And besides, who soever, is legitimate, and abled generally to any dignity, is not in that neither to be understandid legitimatid unto a royal dignity. 
Barthol.& ball. in l. eam quam. C. de fide. con.  And the Reason is, that whosoever is born Bastard, though he be after made legitimate, is ever reputyd, notwithstanding, as infamous. 
ball. in lege generaliter§. cum autem. C. de inst.& substi. sub condi. factis.& Alexan. in 3. ff. de il.& post.  And these Reasons may serve also to the Allegations before said, of the innocency of the queen, and the continuance of the Matrimony without controversy: for they do declare plainly, that although the laws, where they entreat of any other inheritance, should make as legitimate the Children so born( the which indeed they no ways can do, as we have partly proovyd) notwithstanding that the same Laws could never be alledgid in case of Succession to any great dignity, and chiefly unto a Royal dignity, in the which the whole state of the Common Wealth hath interest.  
And besides, touching the double Bastardy before remembryd, though we should admit that of the legitimacion of the Lady K. there were no doubt or question, yet such hath ben her Life, and Behavour, and so much hath she stained her self and issue; as she is to be thought unworthy of the Crown: for she was married( as ye know) to the Lord Herberd: The marriage was perfected by all necessary Circumstances, ther was consent of the Parties, consent of the Parentes, open solemnizinge, continuance after, till lawful Years of consent, and in the mean time carnal Copulation, all which, save the last, are commonly known by dyvers that saw them, and the last, which to all other might be most doubtful, is known by the confession of them both, and so made the more likely to be true, because she her self( though in such things that sex be most covert and shamefast) hath yet earnestly acknowledgid the same: after which Consummacion every Man knoweth that albeit the Matrimony had been before for lack of Years not vaylable, that yet thereby it cometh and is made perfect, and of full force and valor. In sort that the Divorce and Sentence that was so dryven, procured and practised by the means of the earl of Penbroke in Queen Maryes Reign( for respects then well enough known) agyinst both the Parties Wills as most manifestly appeeryd, not onely by their great unwillingness unto it then, but also by their affectionate and willing manner of living, continent many Years after, continuing in mutual Love testified by sondrey means, many Tokens, Messingers, and other signs of the same, cannot be of any force to break the said Matrimony, nisi de facto. 
De sponsal. cap. 30. is qui fidem.  But during this delay, she by dalliance fell to carnal company with th' earl of Herforde, which was not descried till the bigness of her Belly bewrayd her ill hap. In which what was commityd on both their behalfs, while he th' earl unlawfullie companied with the wife of an other Man, and she the Wife of one Man, did give her Body to be used of an other Man unlawfully, ye may easily judge. But this done the L. Herbert seeing himself thus deceyvid by his wife, did( as he might lawfully) join himself in marrying with an other Woman, and that life and Usage between the Lady K. and the earl being confirmid by double Issue, as it was utterly unlawful before God, so was it found unlawful before such bishops, and other Commissioners, as had the heeringe of the same, and their Issue bastardid; whereupon doth fall out, as ye see, great wickedness and lashnes of Life in the Mother, and bastardy in the Children. And it is not unknown, to those conversant in the histories, that many Princes settlid in their kingdoms, have ben judged unworthy of their calling for living in Whoredom; And how can she be countyd worthy to come to a kingdom, which, as her Case standeth, cannot but live in like manner? Surely, yf she were the next heir of the blood Royal, her Fault is much the greater so fowlie to have spottyd the same: For as by this whoredom she hath deservyd grievous Punishment, in disparaginge and disablinge the blood; so hath she, by vyolatinge marriage, cut off all hope of having lawful Issue by her to succeed and possess the crown hereafter: For by the Law that God giveth, 
Deut. 23.  Deut. 23. A Bastard, and unlawful born Person, may not bear Rule in the Church, or commonweal: He is counted a Stranger, as the hebrew word importith; and to the perpetual detestation of whoredom was this Lawe made, to punish the Parentes faults justly in their Children. The Civil Lawe likewise doth not onely punish such Personnes as make such unlawful Matches, but removith the Issue, so born, from the Inheritance, or taking by Legacy any thing of the Parentes. 
Co. de incest.& inut. nup.  And thus do you see, by the way, thus much of this double bastardy; and what Stay, Comfort, or consolation is likely to come to this realm of England, by the L. K. and such Issue as she now hath, or is likely to haue hereafter, though she her self were by her Parentes free from Bastardy, as by the process, and Allegacions before alledgid doth plainly appear she is not. wherefore, to return to the matter before in hand, and to conclude therof. Since any spot, or suspicion of any, is sufficient bar from th' Inheritance of a crown, much more cause is this plain and open Bastardy; for we ar all bound in reason to haue always more regard to the State and dignity of the whole weal public, then of the pryvate Preferment or Commodyte of any particular Person. And so doth it appear, that by no way, neither by the Divine Lawe, nor by the Common Lawe of this realm, nor yet by the Canon or Civill, that the Children descendid of the said queen and Duke, can be capable of the crown by their Birth.  
But touching the other Parte, they allege in favour of the Lady Katheryne, king Henry the Eight his Will, by which they say she is left as heir. Which may be as plainly and easily answered; For it is as certain that king Henry should have had no authority or Power to dispose of the crown by Will, yf by Parliament it had not ben given him. And therfore as much as the Force and authority of the Parliament doth extend unto, so much might he do, and no more. And the words of the same Statute, though they be general, they may not, for all that, be so largely taken or understandid, as they may be stretched unto: For who will say, that by those words, there is Power or faculty given to appoint or give the crown to any Person, 
☞  that according to the Lawe and dignity of this realm, is not meet or capable of the same? As unto a turk, an Infidele, an infamous or opprobrious Person, to a fool, a madman, or generally to any kind of such Person; as of the which, if special mention had ben made, it is likely that the Parliament would never have consentyd or agreid thereunto: as at the making of the same Statute, yf any had gone about to have pennyd it in this sort; that such should succeed and enjoy the crown, as K. Henry, either by his Letters patents, or elles by his last will, signed with his most gracious Hand, had named, what Parsonnes soever they had ben, although they were infamous, mad, impious, or such other before rehearsed: it is not likely that in this maner or form the Parliament wholde have allowed or passed such a Statute. And that, that is not likely they would have consentyd unto by words in such sort specially expressid, It is not to be thought, or understandid, that such Persons should be capable and fit for that calling, & omni exceptione majores. And it is plain and notoryous( as is before-sayd) that to be born in Adultery, or of any other unlawful sort or match, is reputid and taken a spot, and that a great one, not onely by the laws of Man, but also by the laws of God, 
Sapien. 3,& 4. Deut. 2, 3.  and so unworthy and unfitte, ar such to be thought capable of the crown, that in all States, where they use to give or grant any countries, Titles, or Liberties in Fee, as Baronyes, Erleshippes, Markeshippes, and such other, the bastards ar never thought worthy to be admittid unto the Succession, although that they be made legitimate. But they must specially be ablyd unto the succession of the Fee by the Prince. 
Bartol.& Bald. in l. eam quam. C. de fidei come.  And yf they cannot inherit, or be capable of their Titles and Honours, which ar not, nor cannot be comparyd unto a royal dignity, how should they be thought worthy or capable of a crown? And that, that is said of bastards, is to be understandid also of those that pretendith the Succession as Heires of bastards. And since this realm maketh no less esteem of the Honour and Dignity of the same, then any other Nation doth of theirs, it is not likely that specially they would grant unto the king Power or Authoryte, to give or leave the crown to any Person not legitimately born, or to their Children, or to any such Person, upon whose Birth and proceedings there might grow such strife, dispute, or contention, according to the saying of caesar, and example of other a little before remembryd. And since it is not likely that the Parliament would haue condiscendid specially unto it, it followith, and we must conclude, that such a grant cannot be comprehendid by general words.  
But though he had Power or Authority to dispose of the crown, to the Heires of the Lady Francys, and the Lady elinor, it is true yet notwithstanding he could not do that, but with the Condition and form, that by Power of the Parliament was given him, that is, either by his Letters patents, under the great seal of England, or ells by his last Will, signed with his most gracious hand.  
By Letters patents without doubt he hath not done it, and so of the Will is the Controversy. But being able to make a sufficient and perfect Will, to all other intents and purposes, either in putting to his Hand, or ells in not putting to his Hand; yet yf the king have made his Will, without putting unto his Hand( as ther be witnesses sufficient, and some of those that subscribed the same Testament, in that behalf can so truly and plainly testify, that he hath, as there is no such Cause left therfore either of such doubt, or elles of such conferringe, or comparing the Prothocall with the sign or stamp, as those that haue set forth these Books would seem to make; then it is plain and manifest that he hath not done it to this purpose, according to the form and maner prescribed unto him by the Statute. And every act or deed that is done without the form prescribed by Lawe, is insufficient, 
L. 1. in pr. ff. de stipula. l. traditionibus. C. de pac. l. 1. C. de pred. cur. lib. 10.  as well according to th' Exposition and Rules of the Civill Lawe, as ells by th' Exposition and Rules of the Common Lawe of this Realme● for according to the Civill Lawe it is plain, and so taken, though the Matters they entreat of be in favourable Causes; yet the lack of form is no ways born withall or excused. 
L. cum hi.§. si praetor. ff. de transa. ball. cons. 324. volu. 20.  And much less herein, considering the form requyrid by the Statute, is compiled with so many great, good, important and probable Reasons: For the Succession of the crown being a Cause of such great weight, and in which ther was so great occasion to doubt so many hassardes of indirect or subtle dealing, they had good cause to prescribe such a Maner and form to make the Will by, as whereby they had least occasion to fear or suspect any counterfetinge, confuse, or sinister behavour in the same. And so, according to the Civill Lawe, in that Testament that they call a solemn Testament, in the which there is required many Circumstances; yf any of those do lack, the Testament, or Will, is of no force or valour. 
Justin. de testa.& lege jube. C. ibidem.  besides, according to the same Lawe, all Statutes, or Agreements made, that taketh away, or correctith any thing of or from the Course or Body of the Lawe, is reputed and taken as odious, and ought to be taken strictly, even according to the Letter as the word standeth. And this Statute whereof we now speak, is such a One: For where the Succession of the crown should have gone whither the Common Lawe had appointed or directid it, as unto the next by the Statute of 35 of Henry the Eighth; K. Henry had authority to leave it to whom he listed. And therfore this Statute is to be interpretid strictly and precisely as the word giveth: That is, that king Henry onely by his Letters patents, under the Great seal of England, or elles by his last will, signed with his most gracious Hand, might name whom he would to the Succession of the crown, and not otherwise. And likewise by the Common Lawe of this realm, the Statute is most plainly a direct abridgement of the same, by reason it taketh from the Common Lawe, the natural limitation of th' Inheritance of the crown, and appointith it owte of the Rule of the Lawe, to the Order and Limitation of king Henry; being in this respect authorised but as a private Person. And it is in some degree a Penal Lawe, for it taketh the Title of a kingdom from those that by the Common Lawe have a Right, and maketh, in point of execution, a Subject of a Prince, and contrariwise a Prince of a Subject; which is not onely penal, as having respect to the loss of their Title to the crown, yf it should so hap, as God forbid; but also it is so penal, that if such ill chance should unfortunately befall, it maketh Traytors of those that will claim their Inheritance, although their intent were but to try their Titles. And it is a learning by the Common laws of England, that long hath ben so receyvid, that in every such case as any of these happen, no Exposition is to be allowed; but the Lawe willith us to cleve to the Letter, without any further wrestinge therof, then the Letter naturally and strictly will reach unto. So that if it be not a strict observation of the Letter, according to his natural intent, in any of these cases the Common Lawe allowith it not. And the rather the Lawe is precise herein, for that it is a new Statute, which seldom ar taken by equity in any point, because they ar all pennyd at large. As for Example; I will remember one or two, which may suffice to such as be Learnyd, to search for other of like effect, whereof ther ar not a few. In Anno 1. of king Edward the 6th, ther was a Statute made, That if any were condemnid for the stealinge of Horses and Mares, they should lose their Clergy; and because the words Horses and Mares were the plural nombre; it was taken not to extend to one Horse, or to one mere. And so for that cause a new Statute was made, Anno 2. of the same K. that made like Lawe for stealinge one. Horse, or one mere. And the chief cause of this was, because it is a penal Statute, in taking from a Man that, whereby his life might be savid. In K. Richard the 3ds time, there was a Statute made to Auctorize Cest a queen use to enter vpon his Feoffees, and make Feoffementes. And it was in question, in Anno 9. of H. the 7th, yf he made a Letter of attorney, whether this were good by the Statute, and left therfore a doubtful question, by reason the Statute giveth authority onely, which must in all poyntes be observed. And ther is a great deal more colour to make that feoffment good, being by Letter of attorney, then to make this Will to this purpose good, not signed with the kings own hand: For if any other put his hand thereunto, and not the king himself, then it is signed with an other hand, and not the kings hand. And yf I give authority to my Executors to sell my lands, and say no further; then, yf they sell the same by writing, or without writing, it is sufficient; but if I add these words, That they shall sell my lands, so that they do it by writing, signed with their proper hands; yf now they sell the same, and th' one cause the Residue, in all their presence, to write all their Names, as though every one had severally subscribed; I hold it no question, but this Sale is not good; for they must pursue their Auctortie strictlye, and otherwise it is of no effect: And considering, as is partly before remembryd, how great a matter it was to committe such a Trust, it were a great lack and slander to the whole Parliament, to think that they would condescend to the committing of so high and weighty a Confidence, as whereof the whole Estate and weal of the realm should depend, but that they did foresee that their doings therein should not be blinded by a writing signed with a stamp, 
The same thing was urged by Lethington the Secretary of Scotland, in a Letter to Sir Will. Cecil. Appendix to the 2d Vol. of the Hist. of the Ref. F. 269.  which might be put unto, either when the king was void of Memory, or else when he was deceassid; as indeed it after happenyd, as most manifestly appeeryd by open declaration made in Parliament by the late L. Paget, and others, that King Henry did not sign it with his own hand, as it is plain and probable enough by the Pardon obteynid for one William clerk, for putting the stamp unto the said Will after the king was departed: and who doubtith but yf his meaning had ben such, so to haue disposed of the crown, but that he would have put this matter out of doubt, by signifying the same with his own proper hand.  
And touching the two chief Examples that ar brought forth, the one of the 21 and 33 of K. H. th' Eight, whereby K. H. was aucthorized to give his royal Assent to acts of Parliament, by his Letters patents, and so forth: and th' other, for that queen Mary omittyd the style that was apoyntid by Parliament, in 35 of H. th'eight, in her Parliament writs, howe little they make to the matter every Man may judge: For the Statutes of 21, and 33 of H. 8. were only made in affirmance of the Common Lawe, and such a Royal Assent would suffice, by Letters Patents without any assurance thereof by the sign. And this Statute was but to put such matter out of question; for if the Common Law had ben such before, there is no doubt but that he must haue signed every Patent with his proper hand; and so these Cases are no way like. And touching the second, yf the Statute that conteynith the King's Style be well consyderid, there would be made thereof no such Collection. For the same apoyntith a punishment to such Subjects as of purpose depryve the K. of the Realm, of that style. But there is no doubt, but the writs that wantyd the style, were in Lawe sufficient, and the Parties that made the same, punishable. So that these Examples cannot be wrestid to serve any whit for the purpose.  
And where ther is made a great matter by reason the Will was inrollid in the Chancery, and Constats thereof made under the broad seal, and the legacies thereof in all poyntes performyd. To that may be answered; That all that is therein affirmed may easily be confessed, and yet it proovith nothing to th'intent applied; for it was his Will is ever he condescendid thereunto, though he did never sign it with his stamp, nor with his hand, and a good and a perfect Will to all intents and Purposes, whereof he had by Common Lawe authority to make his Will of.  
But it is not, or cannot be the more a perfect Will to this respect or purpose, unless he did execute the authority apoyntid by the Statute of, 35 of H. 8. as is before remembryd. Since then the Duke had a wife living, when he maryd the french queen, and by the Statute ther is nothing to be Claymid, unless K. Henry had passed any things either by his Letters patents under the broad Seal of england, or ells by his last Will signed with his most gracious hand: And that it is true, that he had a wife living when he maryd the french queen; that so if it were requisite, or hereafter may be, there might be avouchid more then one, with much other matter touching that point of Illegitimacion and Inhabilitie, as well in things paste, as also in things present: And that most certainly there was never either any such Letters patents past under the great seal of England, nor yet any such Will signed with his most gracious hand, as sufficient Witnesses yet living can well testify. these two matters touching the legitimation and validity of the Will in that behaulf, of any indifferent Person, I trust, may be accepted as fully and truly answered.  
And thus( loving Reader) have I vtteryd and laid before the these cases as they ar. And whom would it not move to commpassion, to behold the state of these things? or whose English heart would it not grieve, even to every parte of it, to finde any such books countenanced, or account made of such bastardy slips( as appeerith by those Opinions and books, spread) to enherite so noble a realm, our most deere and natural country? as though it were either so infortunate, so cursed of God, or else so far from Mercy, that such should be fitter for the same, without any colour of any just Title, to plague it with most infamous dissension, war, and all other Confusion, and so to bring it to utter ruin and destruction; then those to whom of right it ought, both by the Lawe of God and Man most justly to belong unto. What is he that esteemith or tendrith the prosperity of the country in the favour of God, or the good famed or fortune of the world, that would seek to exalt unto the Government therof such infamous and spottyd titles, with which is linked always such wrath of God, and th'Effectes thereof, with such continual strife and contention; before the vnstaynid true and perfect Inheritors appointed by him, and by his laws, to set forth his Glory: and by whose Justice such ar always prosperyd and defendid: to their own honour, and the great weal and safety of their Subjects, as long as they remain in his fear, and obedient unto his laws and Ordinances. But what might be said further: Yf those in great face and show of great zeal and iustice, and in great authority, hath so much neglected their Duties, and so much preferryd their own Ambitions and corrupt desires, before the Honour and Service of the realm, as such have not sticked to further these spottyd and coulerid Titles, and also to encourage other to fall unto the same. What a case is this, that such so placyd, should go about to extol such motions of Dishonour and ruin of their natural country, and yet remain with their calling in so great countenance of honour for their Good and faithful Service. O England, blame thow not the inferior sort so much, that doth but receive these things as it is ministryd unto them, by whose credyte and persuasion they may be easily abused. But seek thou to decifer and discover such Abusers, as have more regard to maintain theimselfes, by whose overthrow, or what wrong so ever it be, then to proceed dirertly to thy Service, either to the Honour of GOd, Author and Favorer of all Truth, or else to thy weal, prosperity, and quietness. And I exhort thee, and exhort the again, not to suffer thyself to be led and caryd away with any such foul injurious persuasion, either of ambitious Abuser, or such other corrupt or unadvised Person. For such foul injurious and false persuasions ar apt to no other end, but to serve Sedition, Discord, and dissension in thee, and overthrow also all those that dealith with them. And how hard and perilous it is to obtain a crown by any injust or sinister Title, and how much harder the things gotten, it hath ben to continue and keep the same, we may daily see and learn in dyvers histories of sundry places by such like Fortunes, and of thee in that of K. H. 4. H. the 5. and H. the 6. who after they had withholden the crown by wrong, with the loss of many a Manne's life, two discentes, wherein passed forty Yeres and more; at last were overthrown and quiter confoundid, and it restoryd to king Edward the Fourth, that rightly requyrd and lawfully obteynid the same. Compare these together, and consider what multitude of Friends such continuance in possession was like to make, and of what famed and worthiness the Princes were, and yet that the 3d. and last could not enjoy the same, all that notwithstanding. And it may be supposed, that there is few so simplo, so far from reason, or so affectionate, but may think that K. H. the 6 was much more abler to defend so long a continued Possession, then the laid K. or any coming of the French queen is able both to gain the like, and afterwards to keep it. By which, and such other Examples, we may call to mind, that God doth not favour those that doth usurp with any injust or indirect Title against his Will and Ordinance. And what greater mishap, discomfort, or Misery can hap to any, then after the liftinge up to such a degree, or th' attaininge of any such desire, in a moment to lose all, and to be cast down to utter confusion, both they and all their friends for ever. Consider, for the love of God, the Honour of your country, the surety and quietness of your friends and Neighbours, Kynsemen and deere Country-folkes! remember the Threttes pronouncyd of God against all Injustice, and call to remembrance where about you go, ye that study and endeavour yourselves to set forth these false and deceyvable Titles in the parte or favour of any; and behold, that instead of the shadow of your vndewe Desire, to the great hazard and peril of the tranquil and peaceable state of your most deere friends, and natural country, that you do but procure both to such as how would seem to favour, and also unto yourselves, such danger, grief and sorrow, with such ill and adverse Fortune, as your most bitter and deadly enemies could no way wish you greater.  
And to conclude, thus much is due to th' Answer of the books abroad, with th'advancement of the Lady Mary the French Queen's Issue, and setting forth of these Cases of Bastady, before you: that after these matters thus manifestyd, there should insewe of such Errors the less inconvenience, and that ye might thereby hereafter the better judge what were in these cases the fittest, both for the honour of God, and the weal, prosperity, and quietness of the whole realm. But thow, O England, ar, by the Grace and great Mercy of God, under the government of our most Gracious and Prudent queen, who hath the same tender and loving care of the weal-public, that the most careful and loving Mothers have not greater for the weal& Saufety of their most deere and best-belovyd children; of the which there may be daily seen most apparente and manifest Examples. Her majesty having governid thee, with the noble assistance of her counsel, so many Years, without manifest Danger, and great peril of Civill war, and most miserable slaghter( as the case yet standeth) it is not to be thought, but that the flood of blood( from which God defend thee) that otherwise might be shed, doth continually flow before her Highnes pitiful and most merciful Eyes. And that her majesty tarrieth but some good tide, most carefully to provyde for the same, as may be possible. Which it may please God to grant unto her Highnes, for th'Honer of Him, and the great Benifyte of the whole realm, with most convenyent speed. Amen.  
20. Martii 1565.  
God save queen Elizabeth.