A DEFENCE OF THE HONOVR OF THE RIGHT HIGH, RIGHT MIGHTIE and Noble Princesse, Marie Queene of Scotlande, and Douager of France. The First Booke.

IT were to be wished, that as God and na­ture haue most decently, ordi­nately, and prouidentely fur­nished and ad­orned manne with two eies; two eares, and but with one mouth, and one tongue, won­derfully bridled and kept in with the lippes and the teeth: so men would consider the cause of it, and the great prouidence of God [Page]therein, and after due cōsideration, vse them selues accordingly. Then should we sone learne and practise a good lesson, to heare and see many thinges, and yet not to runne headlong, nor rudely and rashly to talke of al we heare and see, but to talke within a compasse, and to referre al our talke to a temperance and sobrietie, and to a knowen tried trueth: especially where the said talke may sound to the blemishing and disgra­cing of any mans good name and estima­tion.

But now a daies (the more pitie) there is nothing almost, but that as sone as it is per­ceaued by the eye or the eare, must furth­with be lasshed out againe by the mouth: suche a superfluous and curious itching we haue, dissolutely and vnaduisely to talke of al matters, though they tende to the great hinderance and infamie of many of our bre­therne, and though we be nothing assured of the certaine trewth of the matter, yea without respecte to priuate or publique persons.

Of such vnbrideled talke no man or woman in our daies hath (as I suppose) more iuste cause to complaine, then the right [Page 2]Excellent Princesse, Ladie Marie Queene of Scotland: whose honour many haue gone about to blotte and deface, in char­ging her moste falsly and vniustly with the death of her late husbande the Lorde Dar­ley. For the defence and mainteining of whose innocencie in this behalfe, we in­tend to lay forth before the gentle Reader, the most chief and principal reasons, groūds and arguments, whervpon the Patrones, the Inuentors and workers of al these mischie­uouse and diuelish driftes grounded them­selues, and all their outragious doomges. And then consequently to infringe and re­pulse the same. For to rehearse, answere to, and repell all their assertions and obie­ctions, it would require a very long, te­diouse and a superfluouse Discourse, in as muche, as these iolie gaie oratours, mea­suring their dooinges more by number of false obiections, then by true substantial and pitthy matter, to make a goodly florish and a trim shewe, to face out and counte­nance their craftie Iuglinges, and to couer their disordered dealings therewithal, haue raked vp and heaped together one vpon another against their good Maistres and Soue­reigne [Page]Queene no smal number of slande­rous Articles.

But in al this rablement, in al this raking and racking, what thing els do they, but vt­ter and disclose their owne spiteful malice and malicious spite, to the discrediting of their cause, and them selues also? Euen as the accusers of Aristophanes among the Athenienses did, by whome he being nine­tie and fiue times greeuously accused, was yet euery time by the Iudges cleared and found guiltlesse: as I do no whit doubt, but that this good innocēt Ladie wil be (by the verdit and sentence of al indifferent men) ridde and vnburdened in like maner, of al maner of suspicion, that these reprocheful men woulde by their malice and ambition bring her into (by thier willes) with al the worlde. For as goodly and as greate a mu­ster as they make, two partes of their slaun­derous accusation are manifest false, and opē vntruethes and foule forged lies. The resi­due thereof though in some part they beare trueth, and be nothing preiudicial to the Queene in this matter: yet they are ful ca­lumniously and meruelous maliciously de­praued, drawen and wrested to the worst.

[Page 3]The effect and drifte of the whole ten­deth to this, that first they would we should beleeue: that after her mariage her minde was as it were alienated from her husband.

Secondly they pretende certaine letters, that they surmise and would haue, to haue bene written by her Grace: wherby they seeke to inferre against her many a presum­ption, as their wily braines imagine. But the moste weighty of them al seemeth to them to be her pretensed Mariage, whereof we wil lastly entreate.

And yet though they haue done their worste, though they haue cast out al their spite and malice against her: they neuer haue bene able by any direct and lawful meanes, to prooue any thing at al, wherby they may staine her Graces honour in any one of the foresaid points. Had they brought forth any such necessarily concluding illation, we had not attēpted this Defence in her behalfe: but would haue yelded and geuen place to an open knowen trewth. But seeing that the best matter they haue to supporte their doings withal, is nothing else, but presum­ptions and surmises, which yet are not of the surest and moste probable forte, neither [Page]suche, as are presumptions Iuris, & de Iure [...] contra quas non admittitur probatio: Mē should be rather prone to absolue, then to cō ­demne. seeing also that we ought alwaies in criminal cau­ses, chiefly when a Prince is touched, who is Gods annointed, to be more procliue and prone to fauour, then to hatred, to be readier to absolue and release, then to de­teine and condemne, and that it is farre better, and a more sure and more indifferent and vpright way, to saue the guilties life, then to condēne and cast away the innocēt: I trust and am in an assured hope, that al the indifferent Readers hereof (this being the cause and woful aduersity of a Prīce, wheras the like estate of Princes ought and is wont to moue and sturre al honest harted men to commiseration and pitie, and to do their indeuour, to the redresse and reformation of suche wrong and oppression done) wil with indifferencie, and without all partialitie, weigh and cōsider the allegatiōs of the one and the other side, and iudge of the matter, as it falleth out accordingly. Which is the very thing we most desire.

And seeing the Aduersaries throughout al their cause; wander by ghesses and vn­certaine presumptions: let vs also, as I may [Page 4]say, abuse a litle parte of our Defence. What [...]y I, abuse? (perchance truely, if we had no better, or they any good matter at al) nay ra­ther vse them accordingly, for the more am­ple and better trial and iustification of our cause. We as ke thē then, why the better and the stronger presumptions should not fru­strate, auoide and set backe the weaker and the worse? This sexe naturally abhorreth such butcherly practises. Surely rare it is, to heare such foule practises in women. And may we find in our harts to beleue, that it is now at length found and practised by such a Ladie and Princesse, frō whose person, her noble birth, her honorable state and prīcely educatiō, and the whole trade of al her god­ly and vertuous life past, do farre repel and driue away al such suspicion and cōiectural presumptiōs? And whom al Christian Prin­ces haue had in high estimation and worthy price for her great prudēcie, and many other Princely qualities, the which ful goodly do adorne and beautifie the grace and comli­nes of her Roial personage.

Doth any man or woman fal to extreme lewdnes al at ones? No verily. We doo both rise, and fall by degrees, aswel to all [Page]singuler vertues, as to al extreme naughtines. Let them shew me then, if they can, any euil doinges in al her former life, wherevpon to make a sinister diuination, to fasten vpō her their treacherous accusations. What vn­semely outragiouse and vnprincely parte hath she hitherto played? Lette the noble Realme of France testifie of her demeanour and behauiour. Let her owne subiects, that be not her opē enemies, and her duble duble traitours, accuse her hardly, and spare her not. But yet let them wel thinke withal at their better leisure, and when they shalbe better aduised: whether there be any indif­ferent person, who wil not both detest and vtterly abhorre the peruers and naughty na­ture of such vngrate traitours. Or that wil not thinke it farre vnlike, that this noble Queene, who hath so gratiously pardoned them duble and treble treasons, would euer finde in her harte, so to vse her owne deare husbande. This is vnlikely, this is incredible: and the more, al circumstāces cōsidered. For if she had bene desirous to haue ben ridde of him, as they falsly, and maliciously imagin and report her to haue ben: she had good and lawful meanes to serue her turne.

[Page 5]Albe it he was her head in wedlocke, It is no­thing like, that the Queene vvould haue sought the destru­ction of the Lord Darley by these mea­nes: vvhen she might haue opē ­ly put him to death by Iustice. yet was he otherwise but a member of her commō Weale, subiect to her, as to his prin­cipal and supreme Gouernesse, and to her lawes. By the due and ordinary processe and course whereof he might iustly haue bene conuicted, condemned and executed, aswel for the murther committed vpon Dauid her Secretarie, in whose body his dagger was found stabbed: as for the imprisoning of the Queene, and for the attempting to remoue her from Ciuil gouernment, to intrude him selfe thereto, and for diuers other the like pageants by him plaid.

Who can nowe reasonably thinke, that where she by lawe and iustice might haue fully satisfied this her falsely surmised will and desire: that she would not take the op­portunities in this sort offered, but omitting them al, seeke vnlawful meanes to his destru­ction? This vehement presumption of her innocēcy is much holpen, for that she would not consent to a diuorse betwene her and the Lord Darley (as we shal hereafter de­clare) though she were moued therto by a great numbre of her Nobilitie, and by such as be now her greatest Aduersaries.

[Page]I adde thereto, as a great and an vrgent presumption and token of her innocencie and pure conscience, The Q. contrary to minde of her Nobles came into England. that she voluntarily came into England (refusing the offers of diuers of her owne subiectes, who besought her Grace to repaire into their quarters, profering to preserue her Grace safe therein) wher she knew right wel were both the fa­ther and mother of the said Lord Darley, a Noble Princesse, that would not see the blood of her nere Cosen vnreuenged, and a worthy sort of men of Nobilitie also, who would neither suffer suche a facte to passe and escape vnpunished, nor so vertuouse and giltlesse a Queene to remaine without ayde, helpe and succour, being with Re­belles and Traitours shamefully oppressed and bereaued of her Royal dignitie. The worthy saying also of the wise Cassiue is here to be remembred: Cui bono? Wherby he did signifie, that in suche doubtful coniecturall cases a man may make a great ayme and cō ­iecture against the personne appeached, if by the facte dooing he should enioye any speciall profitte, emolument or commo­ditie.

If the Queene had after his fatal and final [Page 6]ende, purchased to her selfe the matching in mariage with any great and mighty Prince for her great aduancement, or any other en­crease of her honour or aduantage whatso­euer: there had ben some colour and shew, whereby one might haue an apparent pre­sumption.

Againe, she was not ignorant, but that his death either proceding from such naughtie meanes, or otherwise naturally, was likely to be a merueilous great let and impediment to her great affaires. Among other things the testimonie and cōfession of diuers guyltie, as they be reported, and executed in Scotland for the said offence, which they opēly made at the time of their death, doth tende much to the aduancing and approbation of her in­nocencie.

These men yet peraduenture wil replie and say, that these are but slender presump­tions. And yet were it so, that they were of force sufficient: they must yeelde to an ap­proued trueth. It remaineth now then, that we consider, how sure and substantial their proufe is.

Concerning therefore the first parte, we wil not altogether denie, but that she was [Page]somewhat estranged from him: and therfore they might haue spared a great sort of then needelesse and friuolous arguments, and yet flat and plaine lies withal, to prooue the same. The Q. enemies lay to her, discord vvith the Lorde Darley, vvhereof they vvere the au­thours. But fie vpon the crueltie of these ac­cusers, who were the very authours them selues, and themselues the only workers and bringers to passe of al this discorde, training this seely yong Gentleman by ther guilefull and wily circūuentions wretchedly to con­spire with them against his owne deare wife and dradde Souereigne, to the most cruell and detestable slaughter of her trustie Se­cretarie Dauid, and to the imprisonnement of the royal person of the very Queene her selfe.

These and many other like pranks and practises, as the reuocation of th'Earle Mur­ray, and of other traitours of your allie and affinitie, without the Queenes knowledge, by the Lorde Darleyes youthful, rash and remerariouse deuice to departe the Realme, with many other like practises, purposes and attemptes for his princely person very vnmete and farre vnsemely, ye craftily sup­presse, and speake no word of, for feare of burning your owne clothes.

[Page 7]I say therefore, fie, and dubble fie vpon [...]e impudencie of these mischieuous trai­ [...]rs, now to lay to the Quenes charge, and reprochefully to obiect to her the changing [...]her minde toward her husbande, which rose and began vpon causes, for the which they had bene long earst trised vp, if they had not fortuned vpon and met with so gra­tiouse a Mastresse, as I knowe, and they, though vndeseruing it, do wel feele, that the whole worlde hath very few her like. And yet al this your pretensed alienation of her accustomed fauour from him not withstan­ding, her very motherly care (for bysides al other respectes, though they were not farre different in yeares, she was to him not only a loyal Prince, a louing and deare wife, but a moste careful and tender mother withal) was neuer a deale lessed or minished: albe it for a time she did dissemble and forbeare outwardly to shewe and vtter her most in­ward hart and affectionate loue, vpon most [...]st and good respects: As the manner and practise of prouident and moste louing pa­rentes oftentimes is toward their deare chil­dren; for the better reclaiming of the wan­dering mind and wauering wil of the youth­ful [Page]vnaduised gentlemā. And therefore hea­ring and aduertised, The Q. vvas fully reconciled to the L. Darley be­fore his death. that he was repentant and sorowfull, and that he desired her pre­sence, she without delay, thereby to renew, quickē and refresh his sprites, and to comfort his hart, to the amendment and repayring of his helth lately by sicknes sore impaired, ha­sted with such spede, as she cōueniētly might to see and visit him at Glasco. Whereas also at diuers other places, especially at Edenbo­rough, she from time to time most louingly enterteined, and most tenderly cherished him euer, euen to the very last houre, that euer she saw him. Whereby it did to al men most euidently appeare, that al maner of dis­pleasure or variance, whatsoeuer your con­iectural surmises suppose to haue bene be­twene them, or your seditious practises and ambitious procedinges had sowen in their stomakes and minds, was not only now we [...] aswaged and fully appeased, but vtterly for euer quenched, as being altogether forgottē and troden (to your muche misliking and great discomfort) vnder foote of them both, neuer to be renewed againe. But for as much as these men do wel perceiue, that if this be true, whiche is in deede so certeinely [Page 8]true, that they them selues are for the mani­fest euidence thereof; euen driuen and for­ [...] to acknowledge and confesse the same: then their great Samsons post of discorde and debate, wherewith they would vnder­proppe and vpholde al their traiterous pro­cedings, as also this their mischieuous accu­sation and greeuous crimination, the which they had fully now conceiued and brought, as they hoped, to perfection, by the mischie­uous driftes of their shrewd, wily, diuelish disposed braines, against her, would faile them and fal to the ground.

For this consideration, I say, they nowe measuring these most commendable doings of the very vertuouse and well meaning Queene, by their owne depe and dubble dis­sembling crafty nature, their former drifte failing them, began to lay a new foundation to build their long conceaued treasons on: and say: that al this curtesy, fauour, loue and amitie was but a set matter on her part, and coulorable shew, and a dissembled drift and fained pretense by her colorably conueied, vpon none other purpose, but to flatter and entice him to Edenborough to his bane, which, say thei, appereth by her own leters.

[Page]It irketh and greeueth them to the very harte, to heare of the reconciliation, and therefore they toyle and tumble from [...] kinde of lying Rhetorike, to an other, euen quite contrary. For as before they founde great fault with her, for estranging her fa­uour from him: so now at the last they mis­like at her great trauaile taken in her pro­gresse, to visit and cumfort him, iudging and reputing al her dutiful kindnes, as hypocriti­cal and counterfeited dissimulation. Wher­in by their malitious construing and wrong interpreting of wel and cōmendable doing, they represent the natural disposition and froward inclination of the Diuel, who hath that name, for that he is willingly and of purpose a malitious false reporter and accuser.

As for the letters they take hold on, and slander her for, we shal hereafter examine them, what weight they beare. Wel then, if ther were such a reconciliatiō made betwen them, as I haue said to be, as there is litle or no cause at al, why any man should thinke, that the Queene was priuie or ware of the means of his death: so may it seme but mere superfluous for vs, either to rehearse, what surmised difference were betwene them, or [Page 9]to confute the falsitie of al such allegations, The ad­ueriaties charge the Q vvith their ovvne vvicked deuises. namely seeing that in some thereof they charge the most innocent Quene with their owne most lewd, naughty and wicked de­uises, and detestable practises.

As, for an example and proufe thereof, the Earle Murray and his counsaile percea­uing, that for a time the Queene seemed not wel to like of her husbandes doinges (albe it whatsoeuer her said misliking were, it was, as is aforesaid, for the loue of him, in respect of his owne profit and commoditie) being very desirous to bring home againe their cō ­federated mate, th'Earle Morton, who then was in banishmēt, and remained in England for the slaughter of Dauid her Secretarie, without whose presence and present aduice their fetching practises were halfe maimed and lacked force to take effect: were earnest suters, that if she would pardon him, they would procure a diuorse betwene them, wherto she would not agree. The Q. moued by them. to make a diuorse vvith the L. Darley. But what haue these good men now done, thinke ye, in this part? Surely they haue plaied the said pa­geant with this innocent Susan, as the two wicked Iudges did play with the other for­mer Susan. They lay hard to her charge their [Page]owne naughty and wicked counsel and de­uise. It were therefore but a vaine and lost labour for vs, to stay and tarie long vpon the confutation of their owne craftie mali­cious inuentions and procedinges, in procu­ring an alienation of the Queenes minde from her deare and wel beloued husband, or vpon any other alienation whatsoeuer: it so being, that they them selues can not de­nie, but that there folowed a good pacifica­tion and reconciliation betwene them.

We wil consequently therfore consider the second principal point of our discourse. The accusation touching letters lent by her to the Earle Bothevvel For they say, that they haue a sufficiēt prouf to iustifie the chiefest part of their accusa­tion. A proper iustification, pardie. This, this is their ioly witnesse, this is their singuler iewel, whereby they set much store, the va­lue whereof in their eyesight they repute and accompt as of an inestimable treasure. This most necessary witnesse they haue al­wares attendant at hand and ready at a beck to serue their turne at a pinche, when nede requireth, for al their purposes and attēpts.

If ye doubt of the veritie of any parte of their accusations, this witnesse, though ye neuer sawe nor heard of any suche thing, [Page 10]wil ful faire bleate it out, and make al things according to their mind as cleare as Cristal or as the bright shining sonne. So that if this witnesse once faileth them, then al their ac­cusation faileth them therewith, and by and by quaileth. And soothly this witnesse yet, al this notwithstanding, what else is it, but a blind and deafe and a dōme testimonie of certaine obscure letters, written and indited (as they most falsly, and as vainely auouche, and hitherto were neuer able to proue) by the Queene to the Earle Bothwel.

It is forsooth a boxe of letters taken from one Doughleysh, The vn­likely tale of the Earle Both vvelles letters surmised to be sent to Master Balfoure. who was executed for the Lorde Darleyes death, the Earles man for­sooth: whiche letters he receiued at Eden­borough of one Sir Iames Balfoure, to con­uey to his Master. Thus say they. But we say to you, as is sayd in Terence: Non sunt haec satis diuisa temporibus. The very time, if no­thing else were, bewraieth you, and your whole cause withal. Is it to be thought, that either the Earle would send to the said Sir Iames, who had before assisted the faction against the Quene with the force and strēgth of Edenborough Castle, and driuen from thence the very Earle him selfe: or that the [Page]said Sir Iames would send any such thing to the Earle? Is it likely? Is it credible? Had the forger and inuentour of this tale by seemely conueiance parted and diuided the distinction of his times? Howe say ye? Whereas nowe it is in no case to be suppo­sed or coniectured, that suche a wise, ver­tuous Ladie would sende any suche letters: yet putting the case that she had sent them, it is not to be thought, that either the re­ceauer thereof, or that she her selfe, whome ye conceaue to haue sent them, would haue suffred them, for the hasarding of her esti­mation and honour, to remaine vndefaced: namely seeing there was a special mention made, and warning geuen forthwith to burn them, and make them away.

Neuerthelesse when you haue takē your best aduantage you can of them: In case the su [...]mised letters vvere sent by the Q they can make no good prouf against her. such kinde of letters missiue and Epistles, especially not conteining any expresse commaundement of any vnlawful acte or deede to be com­mitted and perpetrated, not ratifiyng or specifiyng the accomplishment of any such facte already past, but by vnsure and vncer­teine ghesses, aymes and coniecturall sup­posinges, are not able in any wise to make [Page 11]a lawful presumption, much lesse any good and substantial proufe, not only against your Soueraigne and Prince, but not so muche as against the poorest woman or simplest wretched creature in al Scotland.

Surely the Ciuil lawe willeth, that in criminal matters (for such are these) the ac­cusers alleage and bring foorth nothing, but that they may be able to approue and iustifie by the testimonie of good and lawe­full witnesses, or by some other most mani­fest, cleare and euident proufe or presum­ptions. Sciant cuncti accusatores, L. sin. e d [...] Probat. What ex­quisite proufes be re quired in criminal causes.eam se rem deferre in publicam notionem debere, quae munita sit idoneis testibus, vel instructa aper­tissimis documentis, vel indiciis ad probatio­nem indubit atis & luce clarioribus expedita. This rule ought to be obserued and kept in the simplest and seeliest poore mans cause, that is: and thinke you nowe, you moste vngrate and vnthankefull subiectes, that ye maye lawefullye take armes against your Maistresse and your moste benigne Queene, that ye maye caste her into vile prison, and spoyle her of her Croune, and (whiche is more) of her good and ho­nourable name, fame, and estimation: and [Page]then bleare mennes eies, The surmi sed letters neither haue su­perscriptiō of the vvriter, nor subscription, neitherany date, nei­ther signed nor sealed, and the beater ne­uer knovvē and face the world out with the shew of these letters, as it were with a carde of ten? But yet, say you, they are her letters? She denieth them, and we denie them to. There is neither subscription of the writer, nor superscriptiō vnto whom they were directed: they are neither sealed nor signed, there appeareth neither date, wherein they were dated, neither day, nor moneth. There is no mention made of the bearer, who is, as it may be supposed, for any name he beareth, the man in the Moone He was neuer yet knowen, nor herd of, that did either receaue, or deliuer them. For as for him that ye surmise was the bearer of them, He that vvas the surmised bearer, at his death denied the same. and whome you haue executed of late for the said murther: he at the time of his said execution tooke it vpon his death, as he should answere before God, that he neuer caried any such letters, nor that the Queene was participant, nor of coūsayle in the cause. Think ye, that wise and expert mē are igno­rant, how perilous and dangerous a matter it is, An easy thing to coūterfeit a mans hande. to fasten any good proufe vpon illation of letters, and how easy it is to some men, to imitate and counterfeat any character? The which a Knight lately deceased in England [Page 12]could so liuely and subtilely doe, that he who wrote moste crabbedly and vnleagea­bly, could hardly discerne his owne hande writing from the Knights counterfeiting hande.

But who conferred these letters, I pray you, with your Queenes owne hande wri­ting? Dare you to warrant them, in this so perilous and weighty a cause, to haue bene so exquisitely and so exactly vewed and conferred with al suche dewe circumstan­ces, as the Ciuil law doth require, were it but a Ciuil or a money matter? You wil peraduenture answere, that there was dew collation by you made. O perfecte and worthy collation. O meete and apt men for suche a purpose.

As though it is not notoriously knowen throughout the worlde, that ye are her most mortal enemies: as though these coun­terfeit letters were not the vnderpropped postes and vpholders of your whole trea­chery and vsurped kingdome: as though that many in Scotlande could not expresse, and resemble, and counterfeit in their wri­tinges the Queenes very character: and as though there were not among your selues [Page]some singuler artificer in this hādycraft, These let­ters vvere fained and contriued by the Queenes Aduersa­ries. and that hath sent letters also in her very name, aswel into Englande, as to other places by­sides, without either her commaundement, or knowledge. How can I chose then, but say, that this deede is your shamefull handy­craft, and not her hand writing? Yea surely, al this is your owne fained forging and most vile counterfeiting.

If ye be angry with me, for thus saying by you, I hope you wil be sone colde with me againe: seeing that I wil not bring out any dead witnesses, as ye craftily do, con­trary to reason and lawe: Quia testibus, non testimonijs credendum est: nor suche like, but good, sufficient and lawful witnesses, suche as ye can not by any iust exception or tergiuersation auoyde or elude. And these are none other, but euen your owne selues.

For either you must bring foorth good and apparent witnesses, to prooue it her hande: or some suche as were priuie to the meaning of the sayd letters: whiche ye neyther yet haue done, nor are likely euer to doo. Or ye must graunte, that you were priuie to them your selues with [Page 13]the Queene, or at least with the said Earle, whom ye surmise to haue receaued these letters: or that al this is by you maliciously driuen and concluded.

If ye graunt vs, that ye were priuie of the saied letters: we truste then you wilbe good to the Queene, and if it were but for your owne honesties sake. If ye denie that, and withal that you were the contriuers thereof your selues: we pray you to tel vs, and blush not, how you could so readily and so directly hit the interpre­tation of these wordes (our affaires) and what these wordes should meane, there being so many affaires, as ye pretende in these your fayned false letters, betwene the Queene and the Earle.

That only thing, that by these wordes ye surmise, pretende and coniecture, I sup­pose, that if you were wel examined of this point vpon the sodaine, and were vr­ged and vehemently pressed by any indif­ferent and vpright Iudge, you woulde be somewhat to feeke. And yet take at your leasure as good aduisement, and as long consultatiō with your selues, as ye can and may thinke meete, and seke as many fine [Page]fetches, as ye list: ye neuer shall shift it of with honestie, nor wel ridde your handes thereof. Whereof I for my part do take my selfe ful assured, and therefore do thinke it a nedelesse discourse for me, to make any fur­ther descant vpon suche an vnpleasant, iar­ring and vntuneable plaine song of your owne setting and making: and am right wel contented, that ye do make as gaye glosing comments and interpretations, as ye list, and as your cunning and skil wil serue you, to these your owne shameful vntrue textes.

But now weigh and consider with your selues, I hartily pray you, and see whether that al your legerdemaine and close conuei­ances in your false play, aswel touching and concerning your fit iugling boxe, as al your other like trickes and cunning illusions, be not fully espied, and plainely and openly inough laied out to eche mans eye to behold and vew. And as touching your said iugling boxe, you haue ben very fouly and merue [...] ­lously ouersene in the close and cleane con­ueiāce of your fingers, for that a man more then halfe blinde may perfectly see and per­ceaue your foule play, foras much as the ve­ry selfe said Doughleish, whom amōg other [Page 14]ye executed and ridde out of the way, hath said and sufficiētly declared for the Quenes innocencie.

Nay, nay, perhaps you wil say, although our letters, although our dead witnesses, and although our other matters faile vs: yet we hope, that the litle faint mourning she made for his death, the acquital of the Earle and her pretēded mariage with him wil help your cause, and geue testimony against her. And why so, I pray you? Was not his body enbalmed, inseared and interred bysides the Queenes father, the late King Iames, accō ­panied with Iustice Clerke, the Lorde of Traquarre and with diuers other Gentlemē? The ceremonies in deede were the fewer, bycause that the greatest parte of the Coun­saile were Protestantes, and had before en­terred their owne parentes without accu­stomed solennities of ceremonies. An ansvver to the Ad­uersaries obiectiōs, that the Queene did not mourne the death of the L. Darley. Neither is there any suche order or custome, as ye pretende and make your reckning of, for the reseruation of the corps forty dayes, nor any such obseruation was kept and vsed about the corps of the very father of the Prince: neither yet was there any such order taken or appointed by the Counsaile for the en­terring [Page]of the said Lord Darleyes bodie in such sorte as ye notifie, but euen directly to the cōtrary. Yea, ye are as litle able to proue that there hath ben any such customarie so­lemnitie obserued of so straight and strange a mourning, as ye most seuerely would re­straine and bind the Queene vnto: as ye be able to proue the residue of the premisses. But in case ye could wel iustifie some such vsual order, yet shal ye neuer be able to shew, that it doth extend and apperteine to suche kinde of Queenes, as she is. For they mourne their husbands, who were Kings: her Grace mourneth after an other sort: she a Prince, her husbande a priuate man and a subiect. They, as women most cōmonly do, take their honour and chief dignitie of their husbandes. Her husbandes encrease of ad­uancement came by his matching with her▪

And further, L. Liberor. ff. de his qui notantur inf. women by the Ciuil law are in diuers cases discharged and excused for their omitting thereof, and forbearing their so doing. And yet did this good gentle Lady bemone, euen suche a one, a notable time enioying and vsing none other then candle light, as was knowen to al the Nobilitie of Scotland, and also to one M. Henrie Killi­graie, [Page 15]who was sent thither from Englande to her comfort, according to the vse and ma­ [...]er of Princes. Who had a longer time in this lamēting wise cōtinued, had she not ben moste earnestly dehorted by the vehement exhortatiōs and persuasiōs of her Coūsaile: who were moued therto by her Physitians informatiōs, declaring to them the great and (imminēt dāgers of her health and life, if she did not in al spede breake vp and leaue that kind of close and solitarie life, and repaire to some good opē and holsome aire: which she did being this aduised, and earnestly thereto solicited by her said Coūsaile. Al which yet not withstanding, this her fact is with these most seuere and graue Censors takē for and reputed, as the very next sin of al to the most greuous sinne against the holy Ghoste. But ô good pitiful men, who for the very tender loue and singuler affection, which you did euer beare to the L. Darley (the which truly was so vehemēt, that for your exceding hot and feruēt loue towards him, ye euer sought his harts blood) do now so pitifully bewaile him? But if she had by reason of the closenes of the aire, and somewhat lōger cōtinuāce in her mourning place, and in her desolate and [Page]doleful estate, accelerated her owne death withal: then had she by the Earle Murrare [...] and his adherents gostly iudgements mour­ned like a good honest wife, and to their best cōtentation: it being the right way, and readiest meanes to haue conueied and brought the said Earle to that place, where vnto he so long and so greedily aspired, and the which now at the length he hath atchie ued and atteined.

As for the residue of their saynges, [...] there be any fault in the Queene: it surely falleth dubble and treble vpon these A chi­tophelles. And the good innocēt Lady, wh [...] hath bene so wretchedly and so vnworthely by them abused and circumuented, is mo [...] to be pitied, then to be blamed. The Earl Bothwel was acquited by his Peeres, accor­ding to the common and ordinarie trad [...] and maner, in suche cases vsually obserued These vnnatural and disloyal subiects, thes [...] most shameful, craftie colluders, her Aduer saries and accusers, I meane, the Earle Mor­tō, the Lord Simple, the Lord Lindzay with their adherents and affinitie, especially pro­cured, and with al diligence laboured hi [...] purgation and acquital: which was after­ward [Page 16]confirmed by the three Estates by Acte of Parlament.

These, these, I say, whereof some are now the vehement and hotte fault finders, and most earnest reprouers and blamers of the said pretēded Mariage, were then the princi­pal inuenters, practisers, persuaders and com­passers of the same. They procured a great part of the Nobilitie to solicite the Queene, to couple her selfe in mariage with the said Earle, as with a man most fitte, apt and mete for her present estate and case.

First, alleaging the dangerous worlde, The consi­deration mouing▪ or rather forcing the Quene to this pre­tensed m [...] riage. and oft inculcating into her minde and re­membrance the present perilous time and dealinges of menne: whiche the better to preuent, and more surely to withstande, by their counsel and persuadings induced her, and by other their crafty doinges as it were enforced and constrained her, to take a hus­band, to be her comforter, her assister, her buckler and her shilde, to defend her against al her whatsoeuer Aduersaries.

If she would be contented so to doe, they promised him seruice, and to the Queene loyal obedience. Yea, many of them bound them selues to the said Earle by their owne [Page]hande writing, to assist, mainteine and de­fende him against al men that would then after challenge or pursue him, as guiltie of the said crime. The wihch their doings the Queene considering, and fearing dangers imminent, and withal calling to mind the sundry and diuers vprours and seditiōs alrea­dy made against her, the wretched and most cruel murther of her Secretarie in her own presence, the late strāge and miserable mur­ther of her husbād, the distresse, the discom­forte and desolation, wherein she was presently bewrapped, the Earles actiuitie in Martial feates, and the good and faithful ser­uice done by him to her mother and to her self, fearing some new and fresh sturre and calamitie, if she should refuse her Nobilities request (though very circūspect and natu­rally prudent in al her other doinges) yet ne­uerthelesse a woman, and especially neuer to that houre ones admonished, either opēly or priuately after the Earles acquital, that he was guiltie of the said fact, nor suspe­cting any thing therof, yelded to that, to the whiche these craftie colluding, seditious heads, and the necessitie of the time, as then to her seemed, did in a maner enforce her.

[Page 17]Let them now lay on lode let them now rage and raue against this acquital and ma­riage, let them lie to their owne shame vpō their owne deuifes and doinges, thereby to defame their Queene. Let them lie, that the Erle of Huntley was restored to his fathers patrimonie, to procure his sisters consent to the diuorse betwene th'Erle and her: which restitution was made, not for that cōsidera­tiō, but by cause the Queene thought in her cōscience, his father wrongfully cōdemned.

Let them crie out vpō th'Earle Bothwel, for that the sentēce of diuorse was promul­ged, partly by force, partly without the iust and vsual order of the law, and without suf­ficiēt proufs. Let them cry out vpō him, for his violēt taking and deteining the Queene. Yet if they cā not precisely proue the Que­nes consent to any of his vnlawful actes, as hitherto they were neuer able to do: then can they not get or gather any iust occasion (which is the thing they only seeke for) to suspect the Queene of this greuous acte. On th'other side, it is wel knowē, and easy to be proued, that this faction did chiefly procure (as we haue said) aswel the acquital, as the supposed mariage: and therfore by likelihod [Page]was priuie of all other consequent deuises and practises. Wherefore they do nothing but blow out and blase to the worlde, with their owne foule, filthy mouthes, their own shame: and doe fare like a man, that doth thrust a sworde through both his owne sides to pricke a litle and raise but the outward skinne only of his enemie.

Ye may now wel perceaue, gētle Reader, that hitherto they haue produced litle mat­ter of credit against their Quene: and yet, as it appeareth, very good matter against them selues, and for their owne discredit. Nowe may ye therefore easely coniecture, and by these their chiefe and principal matters and groundes easely perceaue, what accompt is to be made of al the residue of their lewde slanders, and what smal force and strength al their whole sayinges do beare. They see it, they see it wel inough themselues, good Reader: whereby they wel perceaue and fully vnderstand, that they altogether are vnable, to beare out and mainteine by reason, iustice or law these their outragious and seditious procedinges. And therefore they set vpon them the best colour and countenance they can. Wherein you shal nowe heare, what [Page 18]they did alleage, being in England, for them selues.

They say, that no man can charge them, The Ad­uersaries declaratiō before the Commis­sioners of England. or the residue of their Nobilitie, that they haue gone as much as one onely step from the office and dutie of good subiectes, in ta­king armes against the outragious enormi­ties already committed, and to preuent the great dāgers imminēt to the persons of their Queene, and her dere sonne, to their Nobili­tie, and to the whole state of their weale publike. And that it was no smal harts grief to them, to heare, what vilanie al Nations thought, and openly spake of them, for suffe­ring such a Tragical matter to scape vnpu­nished: which thing ingendreth of vs (say they) among strangers and al forain Nations an ill and sinister opinion of some common consent thereto made by our whole Nobili­tie. Yea, to see also the very Executour thereof him selfe by violent force, to take, deteine and kepe his and their Souereigne, and with mariyng with her to disteine her honour.

Wherfore to set her Maiestie at freedom out of his bondage, to preserue her honour and the personne of her sonne, and by due [Page]punishment of suche a malefactour, to re­couer their good name and estimation with the rest and quietnes of their Cōtrey: when they had but in vaine attempted aswel al o­ther meanes, as by the offring to the Earle singuler battail, they were driuen to gather force to resist them, who came to the fielde against them with a strong army. But he re­fusing either to wage singuler battail, which was then offered to him, or to ioyne in bat­tail with their cāpe, escaped by flight. The Queene in the meanewhile rendred herself into the Nobilities hands there assembled, and by them was conueied to Edēborough: but afterward they were of very necessitie compelled, to sequester her, vntil such time, as some remedie might be found for these maters, into Lochleuē. Wher she hauīg now aduised with her self, and fully perceued her owne disabilitie, to susteme the weight of so great a roome, frely and volūtarily (by their saying) gaue ouer the Croune to her sonne, appointing the Earle Murray, being at that time out of the Realme, to be Regēt therof, during her sonnes minoritie. Th'Earle Both­wel not long after being by them pursued, fled the Realme to escape their handes.

[Page 19]Now this said resignation by the Queene ones made to her sonne, he was forthwith by them solemnly crouned, and he as King, the Earle Murray as Regent, obeyd, and the state of both these Regimēts was by Acte of Parlamēt established. Whervpō quietnes be­gan to encrease, and iustice more and more daily to take place: which yet some persons (sai thei) much enuiyng at, to the disturbāce of the same and of the kings authoritie: first practised, contrary to the said their Acte of Parlament, the Queenes deliuerance out of Lochleuen, and then shewed them selues in armes. But as their attēpt (say they) was vn­lauful, so the victory fel against them on our the righteous side. Whereby God him self semeth to haue geuē sentēce for the equitie of our whole cause against our Aduersaries.

These are the principal allegations that these good men haue proposed for the iusti­fication of their proceedinges against the Quene, before the Cōmissioners of Englād. Finally, they say, that the moste parte of them selues are for particuler benefits pri­uately so muche beholding to their said Quene, that a number of them could be cō ­tēted and wel willing, if they might preserue [Page]Scotland in the state of a Kingdome, preser­uing also the professiō of true religion, with the Kinges person, and the whole state frō danger, to liue willingly in perpetual exile and bannishment.

God be thanked, that after these sedi­tious and trayterous subiectes haue bene so stout and storming in the rekoning vp and accumulating of faults and offenses of their innocēt Maistresse and Quene, they are yet at the lēgth forced to answere for thēselues, and for their excessiue outragious rebelli­ous dooings. Their glorious and glittering excuses may perhaps at the first shew seme, to some of the Readers to haue a ioly face of much probabilitie, great trueth and fer­uent zeale to the weale publike. But may it please them, aduisedly and depely to pon­der and weigh, aswel what we haue said, as what we farther shal say in supplement of ful answere, and then to iudge and deme of the mater none otherwise, then reason, equitie and law do craue: they shalat length fynde out, and throughly perceaue and know these mennes dealinges and doinges, who as yet couer their foule filthy lying, detestable practises and trayterouse enor­mities [Page 20]with suche a visarde of counterfeit fained holines, and suche exceding greate shew of zeale to the Queenes honour, in punishing malefactors, and to the preserua­tion of the state of the Realme: as though al the worlde would fal and go to ruine, if it were not vpholden and vnderpropped by the strength of their shoulders. They shal see, how they wil appeare in their owne na­tural likenes, so ougly, that al good harts wil vtterly detest them, and thinke them moste worthie for example sake to al the worlde hereafter of extreme punishment.

We affirme then first, that as they haue produced nothing in the worlde, touching the principal points: as of the Lorde Dar­leyes death, the acquital of the Earle Both­wel, and the Queenes mariage with him, iustly to charge her withal: so are they them selues, aswel for the said acquital and ma­riage, as for their damnable and rebellious attempts against their Souereigne, and for many other enormous crimes, so farre and so depely charged, so foule stained, and so shamefully marked and noted: that neuer shal they with al their hypocritical fine fet­ches be able, to rubbe out the dirty blottes [Page]thereof from their skirts. which thing wilb [...] easely perceaued of them, that wil vouche­safe aduisedly to consider the friuolous and contradictorie excuses, they make in their defence.

At the beginning, The causes that the Rebelles pretended at the be­ginning. their open surmised quarel, whereby they went about to drawe the peoples hartes to them selues, and to strēgthen their owne faction, stood in three points, as appeareth by their excuses, and by their pretensed Proclamations.

The first was, to deliuer the Quene from the Earle Bothwel, who violently deteined her, and to preuent daungers imminent to her person.

The second, to reuenge the Kings death vpon the said Bothwel, whom they knew (as they pretended) to haue ben the principal doer in the execution of the said murther.

The thirde was, to preserue the yonge Prince, the Queenes sonne. This is their ioly and holy pretense.

Nowe let vs see, Ansvvere to the first. how conformable their worthy procedinges are to these their co­lourable cloked holy collusions.

The first gentle and humble admonition, that these good louing subiectes gaue her, to [Page 21]refourme these surmised enormities, was in [...]attail array at Bortwike Castle, which they thought vpon the sodaine to haue possessed with the Queenes person. Wherevpon they being disapointed therof, gat into the Town and Fortresse of Edenboroug, by the treason of Balfoure the Captaine thereof, and of Cragmiler the Prouost of the Citie: where­by they being the more animated, to follow and prosecute their wicked enterprise, begā now to be strong in the field. The Queene hauing also a good strōg army, and thinking her self wel able therby to encounter with th'enemie, and to represse their furious out­rage: yet notwithstāding, for the great loue and pitie she had to them (though rebellious subiects) willing as muche as in her lay, to kepe and preserue their blood from sheding offred them faire of her owne free motion, that if they would vse her as their Queene, she would peaceably come to them, The Lord Grange promised vpō his knees obe­dience in al the Re­belles names. and take due and conuenient order for the redresse of al suche thinges, as might appeare by law and reason mete to be refourmed.

Wherevpon the Lorde Grange was sent by the Lordes to her, who in al their names moste humbly vppon his knees assured [Page]her of al dewe obedience, of securitie an [...] safetie of both her life and honour. And [...] the good Ladie, her conscience bearing he [...] witnes of al her iust and vpright dealinge [...] and therfore nothing mistrusting, dismissing her army, yelded her self to the Lordes: wh [...] conueyed her to Edenborough, and there set her at suche a meruelous libertie, and [...] suche securitie and safetie, that al good me [...] to the worlds ende wil wonder at their ex­ceding good loyaltie.

First they keping her owne Palaice, se [...] and placed her in a merchants house, and vsed her otherwise very homely. She now considering and perceauing, to what ende these matters tended, most pitifully cried and called vpon them, to remember their late promisse: or at the least, that she might be brought before the Counsaile, offering to stande to the order and direction of the States of the realme. But, God knoweth, al in vaine. For now had they the pray, where­on they intēded to whet their bluddy teeth, ere they did dismisse or forgoe her, as the euent doth declare. Wherefore in the night priuily she was conueyed, and with haste in disguised apparel, to the strong Forte of [Page 22]Lochleuen, and after a few daies being strip­ [...]ed out and spoyled of al her princely at­ [...]rement, The Q. impriso­ned at Lochleuē. was clothed with a course broune [...]assoke.

After this these good loial subiects, pra­ [...]ising and encreasing more and more daily [...]he performance of their saied promised [...]bedience, neuer ceassed, vntil they had vsurped the ful authoritie and Regiment of the whole. Into the which though they had intruded themselues, yet seing, as blinde as they were, by disordinate, vnseemely and vnmeasurable ambition, that the Queene remained and was stil Queene, and that there was no iust cause, by the ordinarie course of the lawe, or for any her demerits and deserts to bring her forth to her trial, that she might be conuicted and deposed: went like good honest plaine men and wel meaning subiects, bluntly to worke, and cō ­sulted and determined, to dispatche and rid her out of her life: vnlesse she would yelde to them, and subscribe suche writinges, as they would send to her, concerning the di­mission of her Croune to her sonne, and the Regiment of the Realme to the Earle of Murray.

[Page]Wherevpon th'Earle of Athele, Secret [...] ­rie Ledington with other principals of thei [...] factious band, sent Robert Miluen to Loch [...] ­leuen, to wil her in any ease, if she sought the safegard of her life, to cōdescend to such demaundes, and set her hand to al such wri­tinges, as should be proposed and brough [...] to her. Whiche (as they said) to doe, neu [...] could be preiudicial to her, The Q. thretned to be [...]id avvay, if she vvould not re­noūce her Croune. being by for [...] and violence extorted. Sir Nicolas Throg­morton also, being then Ambassadour the [...] from England, gaue her the like aduise.

Now at the last cometh the Lorde Lind­zay, sent in Commissiō from their Coūsaile to present and offer vnto her the writinges who most greuously with feareful wordes and very cruel and sterne coūtenance thre [...] ­ned her, that vnlesse she would therto sub­scribe, she should lose her life.

But cal you this voluntarie yelding ou [...] and Resignation of the Croune? A volunta­ry assignation of the regiment to you, Earle Murray? yea surely, as free and voluntary, a [...] a man with his owne hands casteth into the sea his goods in a maine and raging tempest freely and voluntarily: sauing that peraduē ­ture ye may replie and say, that there is so [Page 23]much wil in him, that he had rather bide the [...]duenture of his goodes and riches, then of his life, being contented to redeeme the [...]afegard of his life, with the losse of his goodes.

And yet as voluntary as ye make it, free and voluntary ye shal no more make it, then ye shalbe able to prooue, that the peoples good wil was alienated from her, as ye sur­mise. For the procuring whereof, ye haue by your craftie slaunderous leasinges and wretched practises done all the endeuour, that your malitious and spitefull braines could inuent and serch out. But surely your dooinges haue bene so gratious, that if she had bene deadly hated before, they might haue procured and gotten her a wonderful loue and fauour of the people againe. And whereas she was (euen as she wel deserued) most entierly and tenderly beloued before: now ye haue by these your so Tragical and Tyrānical procedings purchased to her such an augmentation and encrease of the same (specially whē that the people, amōg whom for a while some ye haue through your cou lorable craftie conueiances made to mis­deme and haue somwhat the worse liking of [Page]her, shal throughly and perfectly vnderstand and knowe your said wily policies, as more and more daily they doe) that she shalb [...] much beholding to you: but no God hau [...] mercy to you therefore.

But now to procede and go forward with your louing loyal procedings towarde her ye neuer ceassed nor staied, vntil ye had pro­cured and obteined a coulorable Parlamēt whereby ye gotte your vsurped and vnna­tural kingdome ratified and confirmed: and not onely al your wicked practises already past, but euen what mischiefe soeuer y [...] wold, should afterward passe also, against her quietnes and safetie And thus behold, how these humble, obedient and louing subiectes haue purchased and procured a Commiss [...]o long before hande: the like whereof (as [...] suppose) was neuer in the world heard of a fore, in any whatsoeuer rude, sauage and bar­barous Nation or Countrey, to slay, kill and murther their owne Souereigne Queene and a most innocent Ladie, at their owne willes and pleasure. The which their saied Commission they had in this wise executed long ere this as it is credibly thought: if God had not wonderfully eluded, and miracu­lously [Page 24]frustrated this their mischeiuous ma­litious purpose and intent.

And yet is there one iniurie more, that doth greeue and molest this good guiltlesse Ladie more, then al these foretold villanous prāks plaied of them against her. And surely not without iust cause of griefe. For in dede it farre passeth and excedeth them al. And that is, their shameful and most traiterous diffaming her, being altogether innocent therein, with the death of her husbande: as though that she had suborned the Earle Bothwel therto, and rewarded him therfore with the mariage of her owne body.

Here perchance they will say: The an­svvere to the secōd. Mary this is our chief quarel in dede, this was the marke, we principally shotte at. The great loue and zeale we beare to Iustice, and the earnest desire we haue to purge and rid the Realme of the slander and infamie, that ari­seth therto by this horrible facte, moueth and stirreth vs vp, to seke by al meanes we can, the punishing of the said Earle, who was the cōmitter and chief perpetrator thereof.

If it so be, surely there is vppon the sodaine commen vpon you a meruelous de­uotion. For why? Were not ye, and your [Page]band and Adherēts the chief and principa [...] authours, assisters, fautours, aiders and abet­ters, for the clearing and iustifiyng of the said Bothwel accused and indited as gilty of the said murther? 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 Que­nes ene mies di­missed the Earle Both vvel, vvhē thei might haue takē him. Yet tel vs, we pray you in good earnest: was your principal scope and zeale, to apprehend th'Erle Bothwel? Tel vs then a good cause, why ye did dismisse him, when you might haue had him at your pleasure? Did not the forsaid Grange, comming to the Queene from you, speake to him also? Did he not take him by the hand, and wil him to depart, assuring and telling him, that no man should folow or pursue him? Did not th'Erle remaine in the Countrey at hand many mo­nethes after, vntil the returning home of the Earle Murray? And then for a face and coū ­tenance, ther were made out to the seas cer­taine ships to apprehend him: it being of you pretended, that he was now become an ar­rant Pirate and Rouer vpon 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 [Page 25]the Earle to flee whether he would. But yee you say in your Accusation put vp to the Commissioners of England, that as he was the chief executor of the said Lord Darleys death: so she was of the foreknowledge and counsel, yea and the mainteiner therof also. And therefore she both stopped the inquisi­tion of the facte and punishment of him, and also matched her selfe in mariage with him.

I aske then, as before, of you: why through the special sute and procurement of your faction he was acquited and set on cleare bord? Why did you with a great number of the Nobilitie moue further, and worke the said mariage, The Que­nes ene­mies boūd by their haud vvri­ting, to o­bey the E [...]le Both­vvel if he matied the Q. as most metee and necessary for your Quene? Why did you, as by your hand writing it wilappeare, proffer and pro­misse to him your faithful seruice, and to her your loyal obeisance? Why did none of all your factiō, nor any other els, either openly, or priuately declare and detect this matter to your Queene, before the pretended ma­riage? Was there no time, occasion and opportunitie, to geue her warning thereof, but by the terrible and feareful blast and soūd of the Martial trumpet? For she good inno­cent Ladie, hath vpō her honour protested, [Page]and plainly declared (the which her prote­statiō also, the disorderly, ambitious and Tra­gical doinges of these rebellious and traite­rous subiects do much helpe and confirme) that afore her taking and inprisonmēt, she ne­uer knew, who were either principal, or ac­cessarie, or by any meanes culpable and blame worthy, concerning the said murther.

Touching the third point, An an­svvere to the third. it is not worthy the cōfuting. For these men knew right wel, that the Queene had put her sonne safe and sure inough in the guarde and custodie of the Earle of Murray. But see, I pray you, the impudencie of these men, and consider, how much it is to be mused and merueled at, who are not ashamed to publish by open Edictes and Proclamatiōs, that the Prince should be in more securitie and safegarde vnder the protection and keeping of the Regent and vsurping Rebelles, then vnder the hādes and bringing vppe of his owne most natural and deare mother, with diuers other like vnna­tural, ridiculous and absurd propositions.

God blesse him, and graunt him no worse to speede, then this most tender and louing mother daily wisheth and cōtinually praieth for. Who, good swete babe, if he had age [Page 26]and discretion, to vnderstand their dooings, The Prīce, if he vvere at age, vvold not like the en [...]mies doinges a­gainst his mother. would geue the Earle Murray and his fel­lowes but colde thankes for the intruding of him, against his good mother, vnto the Croune and gouernment of the realme: but would and might wel say, that this was but a colour, vnder his shadow to strengthen him (the said Earle) against his good mother, and perchance against his owne selfe to.

His owne vnnatural Coronation also (though these men much bragge it solemnly and orderly to haue proceded) he would as much mislike. Neither would he buye it so deare, nor come foorth to be a King so vn­naturally, as the Vipers enter into the world eating and gnawing out the mothers wōbe. He would demaūd and aske, what a strāge newe found solennitie, He vvas vnlavvful­ly crouned and fond manner of Coronation this was? For the matter being of so great and weighty importance: of one hundred, Earles, Bisshoppes, and Lordes, and moe, that haue voice in Perlament, wherof al, or the more parte of them should haue an agreement, liking and consent, as to al other, so to these publike doinges also: there were no more present, but fower Earles onely, wherof the most honourable had not the so­uenth [Page]or eigth voice in the Parlamēt among the Earles, nor yet the first of twenty voice [...] among al the States.

Ye had farther but six Lordes, who also were such, as had laied their violent hande [...] vpon their Quene afore, and put her in pri­son. And least al should be voide, if they should seme to lacke their ful Congregatiō of the Spiritualitie and Temporaltie: in lea­peth me one Bisshop, and two or three Ab­bats and Priors. But yet were ther not solēne Protestations, I pray you, then openly made and authentical Instrumentes thereof made also, that whatsoeuer was that day done, e [...] ­ther for the Coronation, or inuesting of the King, or for the establishing of a Regent, or otherwise against the Queenes Royall estate and personne: it should not be to her in any point hurtful or preiudicial, as being then violently deteined and imprisoned? Why the confirma­tion of the Rebelles doinges made by an acte of Parlament is nothing vvorth.

Wel, you wil alleage peraduenture, that al these procedinges were ratified and con­firmed by acte of Parlament. Yet al this not withstanding, this Noble Impe (if he were at ripe yeares) would, no doubt, acknow­ledge and allowe no suche disordered Par­lament: but would enquire of you, what [Page 27] [...]uthoritie you had, to cal and sommon the said Parlament? He would say, that the ra­tifiyng of the said dimission of the Crouno by his mother, is not allowable, or to be ap­proued.

First, by cause she was then in prison, and not at her owne libertie. Next, by cause it was done by violence, and forced with feare of life, and so whatsoeuer was builded vpon this foundation, being of such weakenes and so vnstable, could neuer be firmly and surely established and corroborated. He would farther say, that diuerse of the chiefe and most principal among the Nobilitie, name­ly the Earles of Argile and Huntley with the Lorde Harris, would not in any wise accorde or agree thereto, otherwise then it should stand with the Queenes voluntarie wil, voide and free from al manner threat­ninges, force and violence. Whereof they did ful earnestly and solemnly protest, requi­ring their Protestations to be enacted and recorded.

He would moreouer say, that he could in no wise wel like of that Parlament, that should so dishonour his owne good mother and make her to be an infamous Princesse, [Page]hauing none other ground and proufe to leade them to do so, but only a few vncer­taine ghesses, and vnknowē obscure letters. He would, no doubt, for al these mennes vayne bosting and bragging of Iustice and quietnes, most tēderly lamēt and wofully be­waile the miserable and pitiful case and do­lorouse state of that sely poore ragged and rent Realme, the wretched and infinite rob­beries and spoiles committed and done vpō the true loial subiects thereof, being daily most greeuousty oppressed, and shamefully murthered, and the whole Realme so mer­uelously maymed, that the very outward enemie doth sore lament to see it or heare thereof, and that wilbe wondered at of all the posteritie, so long as the world doth stand. He would yet say, that in case there had bene no iniurie offered, either to his mother, or to any other: he would not such miser [...]e should through him, or vnder his name be caused or occasioned, though he might purchase thereby the greatest Empire in the world.

Thus may euery man see and perceaue, how dishonourable and how disloyal your actes and doinges haue bene, and also how [Page 28]disagreable to your sayings, protestations and pretenses. For ye pretended at your first seditious motion (as we haue declared) the Queenes libertie and honour, and, that ye would duely and faithfully serue her: which your seruice what it was, let your doings declare.

Ye make pretense, that ye toke armes chiefly for the apprehension of the Earle Bothwel: and yet ye dismissed and let him go being present, and neuer (but long after, and coulorably) sought him.

Ye pretended the quietnes and peaceable gouernement of the Realme. But the Re­alme was neuer these many hundred yeares so disquieted and turmoyled with so sore stormes and blustering tempests.

Ye pretended at your first inueiyng and conference against your said Maistresse be­fore the Commissioners of England, The incō ­stancy of the Quee­nes ene­mies, first pretēding before the Counsaile of Englād her volun­tary dimis­sion of the Croune. and after vvard that she vvas deposed. that she finding her selfe vnable and vnmete to rule and gouerne her Realm and subiects, volun­tarily yelded vp and surrēdred the Croune. But the contrary is most apparētly knowen: yea, you your selues about two monethes after, quite forgetting your first allegations, say, that the States of the Realme of Scot­lād [Page]depriued and deposed her. At what time ye also made solemne hypocritical and clo­ked protestations, how loth you were, to publish and detect any matter to her disho­nour. Wherto might be replied against you aswel the rule of the law, that Protestatio cō ­traria facto, non releuat, as also the old pro­uerb, Crotodili Lachry [...]a, the false traiterous teares of the hypocritical Crocodile.

Fie therefore, and out vpon these your Crocodile teares, whereby you would per­swade and make the world beleue, that you wold redeme and saue her honor with your perpetual bannishment. And as for the reli­gion ye speake of, it were much to be mer­ueled and sore to be pitied, if it could not be mainteined and borne out, without suche soule, dishonest and outragious meanes and shifts. But al this your great feare, least that Scotlād otherwise shuld not be able to haue and beare the coūtenance and maintenance of a Kingdom, is mere vaine and altogether nedelesse. For why should you thus feare, ha­uing such a noble Queene, lineally descen­ding frō the Roial race of the noble Kinges of Scotlād, and inheriting the Croune ther­of of right: she hauing bisides (God be thāked [Page 29]therfore) so goodly a noble Impe, when the time and law calleth him therto, A strange doctrine of Maister knoxe a­gainst vvo mans Go­uernment. to succede his mother, vnlesse that you be M. Knoxes owne good scholers, and such of his affini­tie, that haue set vp and erected a ioly new schole (as we haue declared) teaching, that it is not lauful for a woman Prince, to haue Ciuil Gouernment.

These and many the like thinges would this good and gratious Impe, reasonably and like a good natural louing childe, tel and re­proue you of, if he were of discretiō and in­telligēce, to weigh and cōsider your strange procedings and diuellish dealinges against his most deare and tender mother. Yea, he would tel you, that his mothers inestimable and vnmeasurable benefits were wel and worthely employed and bestowed vppon suche a wicked and vngrate generation.

He would also say and tel you, that you should purchase your selues smal renoune and litle reward of God or of the world, for this your false fained patiēce, in hearīg your selues called (and that ful worthely) traitors and Rebelles. No more surely, then if ye had hard, as now ye must (for this dainty dish we haue reserued for you to the last course) [Page]and so proued withal the deuisers and pro­curers of the shameful, vile, vilanous mur­ther of the noble yonge Lorde, the Lorde Darley, your owne Mastresse and Queenes most dere husband. Whose tender hart ne­uer any worldily thing so nigh and so depe­ly pearced, as did this mischieuous note.

Ye triumph and vaunt of your glorious victorie, The Que­nes ene­mies fond­ly triumph of their victory against her true subiectes. and of the vnmerciful slaughter, that you haue made vpon the Queenes most louing, loyal and faithful subiects. Ye valew, measure and rule thereby the good­nes and equitie of your quarel and cause. But this rule doth not alwaies holde as ne­uer hauing exception and instance.

The Israelites quarel against the Tribe of Beniamin, rising vppon a trueth and hor­rible facte perpetrated, and commited by the Gabaonits, whome the Beniamits did defende, and not vpon false fayned doinges and outragious ambition, as yours doth against your Souereigne, was a thousand times better and more iust, then is this your pretensed quarel and seditious vprore. And yet the Beniamits gaue them a sore gree­uous and pitiful ouerthrow.

And surely it were no il counsayle for [Page 30] [...]ou, to remember withal the olde saying, [...]spice finem: take good hede, what may fal [...]t at the ende. Ye do litle weigh and con­ [...]ider the greate prouidence of almighty God in this facte, whereby he seemeth to [...]une prouided suche an indifferent way [...]nd so free from al sinister suspition, for the [...]rouf and iustification of the Queenes in­ [...]ocencie and integritie, and for the mainte­ [...]nce and preseruation of her name and [...]onour (the which she estemeth and pre­ferreth afore al earthly thinges) and for your [...]tter confusion and shame, the like wherof could not by man be found.

What shal I then say to you? How shal I beginne, or wherein to accuse you? Surely I may wel cry out: O heauē, ô earth, ô God, ô man. Hearken, hearkē to such a heighnous diuelish deuice and drift, as doubtlesse nei­ther Tragedy, nor any record of Antiquitie can lightly report a more heinous. Hearkē, I say, to this detestable and abhominable facte. Hearken of subiectes that haue con­sented vnto, and caused their owne Princes Husband to be slaine: and not contented to enioye their owne impunitie of so horrible and greeuouse a crime, haue sought and in­uēted [Page]meanes and waies, willingly and w [...] tingly to haue slandered therewithal the [...] most innocent Maistresse and Souereign [...] and haue most wrongfully and ful iniuriou [...] ­ly cast her in prison, and spoiled her of a [...] her Princely estate, being in a readines eue [...] ry howre to haue bereaued her of her li [...] and al: and as they haue of them selues re [...] ported, haue bene of nothing more repe [...] tant and sorie, then that they haue not full [...] executed their purposed mischiefe.

We say then no lesse boldly, then truely First, that the Queene for this facte is far fr [...] al fault. We say next, that ye Murray, an [...] your companions are the very deuisers and cōtriuers of the murther of this noble gētle man, your selues. But to disclose and ope [...] these matters at the ful, it requireth a very large scope and discourse. Yet wil we, a [...] briefly, as the cause wil suffer, prosecute the same. For the first part, that may suffice, that we haue already declared, and shal here after declare for her innocencie.

Now before we procede to the seconde, for the more euident and open condēnation of these men, let vs imagine that to be done, that neuer was thought of her parte to be [Page 31] [...]one. Let vs imagine and suppose, that the Quene was therin guilty, In case the Queene vvere cul­pable, yet are her enemies procedigs vnlavvful. as these men most [...]lsely and slanderously report: yet are all [...]hese their procedings of no validitie or [...]orce, and she remaineth stil their Queene, [...]nd in her fulauthoritie, by good reason and [...]awe. The zeale to punnish greate crimes is [...]ōmendable, It is not inough to do a good thing, vn­lesse it be vvel done. so it be measured by order and [...]we. For as Aristotle saith: It is not inough [...] do [...], a good dede: vnlesse it be [...], wel done also. The one whereof respecteth [...]he fact, the other the forme, manner and fa­ [...]hion, the qualitie, meanes and order of the [...]oing thereof: Quia forma datesse rei. This [...]orme and fasshiō of wel doing hath not ben obserued in your procedings. For it can not [...]e wel done, that is vnlawfully, and disor­ [...]erly done. If it had ben but a pore priuate mans cause, for the lacke of dew and conue­ [...]ient forme in the treating and handling thereof, The lavv geueth ex­ceptions to the De­fendant, against the Iudges the Accu­sers and vvitnesses. the whole procedinges had ben of none effecte or purpose. The lawes of wel ordered cōmon wealthes, especially the Ci­ [...]il lawe, the Principal and Mastresse of all other Ciuil policies and ordinances, do re­ [...]uire in aliudgements to be geuē against the [...]efendāt, three seueral and distinct persons: [Page]the Iudge, the Accuser and the witnesse [...] The defendant hath the benefit of iust an [...] lawful exceptions, C. Qui ac­cusat, non po. L. Ini­quum & l. fin. L. qui accusat. ff. de accusa. aswel against the Iudge [...] as against the Accusers and witnesses. Ech [...] of whom may be reiected for open enim [...] toward the Defendant, and for diuers othe [...] causes. Accusers may be repulsed, some [...] that they haue receaued a singuler benes [...] of the partie defendant, as a bondeman m [...] numitted and made free, in case he wil a [...] cuse his patrone and manumisser: or if a ma [...] wil accuse his educatour and bringer vpp [...] Some for nearnes in blood and consangu [...] nitie, as the brother. Some for naught [...] and infamous behauiour, and some for othe [...] respectes.

Shal these vngrateful Traitours then, tha [...] iustly neither can be Iudge, nor accuser, no [...] asmuche as witnesse against their Sou [...] reigne (and to them a most gratious Quene by any reason or lawe, play them selues a [...] the three parts in the Tragedie? For the haue in al these their worslipful procedinge against her, made suche a hotchepoche suche a minglemangle, suche a confuse an [...] disordered Chaos against Iustice and Na­ture: that they them selues were the Accu­sers, [Page 32]they them selues the witnesses, they them selues the Iudges and examiners of her cause.

Is there any honest meaning and gentle natured harte, that can once patiently abide and suffer to heare these their taunting and intolerable outragious inueyings and accu­sations; especially of the Earles Murray and Murtō, the Capiteines, ringleaders and chief practitioners thereof against her, to whome they are most depely bound, aswel for high preferment vndeserued, as for diuers par­dons of death, by manifolde treasons wor­thely deserued? To whom the one of them is by nature and blood (albe it base) as a bro­ther entierly conioyned. And to whome they both ought to be with the rest, as to their Irege Ladie most loially subiected. Shal they now with the Lord Lindzay be admit­ted, to staine and defile her honour, to seeke her harts blood, who long sithens had wor­thely lost ther ingrate chorlishe traiterouse blood, if they had not ben preserued by her singuler and incredible clemencie?

Yet let vs cōsider their precise and most holy forme of Iudgement. The Queene was disorderly and rebelliously apprehēded, she [Page]was cast in prison, not once heard to answer for her selfe, most instantly and pitifully cra­uing audience. She was forced and con­strained by most vehement and iust feare to geue ouer her Croune, and dimisse the regi­ment to the Earle Murray. A good ar­gument that the Queene by cōpul­sion dimis­sed the Croune. One great ar­gument of the said constraint and compul­sion among other is, that she neuer readde such writinges, as were offered to her, to be by her subscribed, nor entred into any coue­nant or talke for the maintenance of her li­uing or safegard of her life. Which thing she would neuer by any indifferent mans iudge­ment haue done, if she had freely and volun­tarily yelded vp her Regal Dignity. Neither can the pretensed Parlamēt be preiudicial to her, standing vpō no better nor surer groūd, then vpon such as we haue rehearsed, and vpon such worshipful letters missiue, as are by them, I can not tel more falsly, or more fondly counterfeited. Surely such Traitours, as durst laye violent handes vppon their Queene, and intrude them selues into the Regal Gouernement, will make but smal▪ curtesie in the faining and forging a let­ter, thereby to worke their purposed mis­chiefe.

[Page 33]I would then father demaund of them, what authoritie they had, to somon and as­semble a Parlament? And whether this fact of hers, supposing she were therein guil­ty, deserueth in her, being a Prince, and con­sidering how heinously the Lorde Darley had offended her and the Croune of Scot­land, such extreme punishment to be leuied vpon her for one simple murther: especially by them, that committed that shameful mur­ther vpon her Secretarie, that haue commit­ted so many treasons, and daily do committe so many horrible murthers vpō the Quenes true louing subiectes. How many and how cruel and terrible deathes do such Traitours deserue?

We haue moreouer to demaund of them whereas they pretende a merueilous and a singuler zeale to religiō and holy Scripture, and to measure al their doinges precisely by Scripture and order thereof, what sufficient warrant they haue therein, by their priuate authoritie to set violent handes vpon their annointed Prince? I find ther, that King Da­uid was both an adultrer, and also a murthe­rer? I finde, that God was highly displeased with him therfore. Yet find I not, that he was [Page]therefore by his subiectes deposed. And here might I take occasion out of the sacred Scriptures, to declaime and discours against your disordered doinges: but that it is nede­lesse, and our matters otherwise growe long.

But yet consider ye with your selfe, you the Earles Murray and Murton, with your consociats, that euen adiudging the Queene were culpable and in some fault, as she is not in this matter: whether it had not ben much better, and more auaileable to your commō wealth and to the state thereof, prudently to haue dissembled the matter (as your fore­fathers haue heretofore done in a greater cause then this, The Duke Robert of Scotland. namely in Duke Robert the Gouernour, Kings Roberts brother) then to haue permitted your cōmon wealth to haue commen into so miserable and wretched a state, as it is now fallē in, and dayly like to be in worse case and worse. I suppose it wilbe found, that it had ben a much better policie to haue reserued the punishment thereof to Gods owne rodde and iustice, in this, or in an other worlde: then to haue taken from him, that he hath reserued to his owne only iudgemēt, and to haue geuen to the subiects [Page 34]of other Princes suche a wicked president, that if these other subiectes treade fast vp­pon your steppes, there wil shortly fewe Kinges and Princes haue any sure and fast holde of their Sceptre and Ro [...]al Dignitie.

We conclude then against you (speake and doe the worste by her that ye can in­uent) that your proceedinges be not agre­able or correspondent to law, order and Iu­stice, and therfore to be reuoked and adnul­led. We say, that the common rule of the lawe ought here to take place, Spoliatus an­te omnia resti [...]uendus est: vnlesse where all lawes, aswel Gods, as mans lawe, doe fa­uour and preferre Princes causes with sin­guler priuileges and prerogatiues, ye haue now espied out a newe law, whereby Prin­ces shal haue and enioye lesse benefits and preeminences in their owne defence, then other priuate persons.

We say, that for these and many other good and necessary considerations, all is voide that ye haue busied your selues about. We say, that al your dooinges ought to be remoued, reuersed and clearly annulled, and the Queene wrongfully by you displaced, to be restored to her state and former digni­tie [Page]and honour. Then let the whole mat­ter be, if there be any iuste cause, before competent and meete Iudges, to sitte vp­pon a Prince, iustly and orderly heard and determined. For as for you, especially the Earle Marray and Murton, ye are to be charged and chalenged, byside al other iust exceptions, euen as the principal inuentours mainteiners and workers of this shamefull and cruel murther, for the whiche ye haue made al this hurly burly, and as I may say, stirred heauen and earth against your owne very natural Prince.

Neither may the Lord Lindzay be heard or suffred, to intermedle against her, if lawe take place, for diuers his demerites, a­mong which he standeth charged, aswel for that, that he was one of the chiefe instru­mentes in the slaughter of the Queenes Se­cretarie Dauid, as also in the apprehending and imprisoning of her Grace.

But I much muse and merueyle, how the Bisshoppe of Orkney for shame coulde so presumptuously and heynously inueigh and declaime before the Commissioners of Englande against his Maistresse pretensed mariage with the Earle Bothwell, seeinge [Page 35]that he him selfe did celebrate the solemni­tie thereof. Who also was your onely Bif­shop, that was present at the Coronation of your newe erected King. A man moste apte and ready to serue all worldes and turnes.

Against you the Earle Murton, bysides the murther of the Queenes Secretarie and of the Lorde Darleye her husbande, there are many iuste exceptions and cha­lenges to be layed and taken, aswell of o­ther misdooinges, as of manyfolde and ap­parent treasons, whiche ye seeme to haue sucked with your mothers milke: ye haue ben a Traitour so often times to your Prince and Souereigne.

But the Earle Murray it is, Exceptiōs most iust against the Queenes accusers, [...] ­ly against the Earle of Murray. whom aboue all other, we haue to charge and burden. His base natiuitie, his baser conditions, the notable saying of the foresayd Cassius, Cui bono, the trade of all his former life, will muche stayne and presse him: if wee doo well weygh and marke the weyghtie pre­sumptions, that be euident and playne a­gainst him. I will make my beginning with the greate and vnnaturall vnkindnesse and ingratitude, by him shewed to his [Page]deare Sister, and his louing and most bounti­ful Maistresse and Souereigne.

At what time she minded, after the death of her first husband the French Kinge to repaire into her owne Realme of Scotland, she sent forthwith for him into France, The great benefits emploied by the Q. vpon the said Earle. and vsed his aduise and counsel in al her affairs, euen as she did also after her returne into Scotlad, so farre, that she had but, as it were, the name and calling, he bearing the very sway of the Regiment by her intituled to, and honoured and adorned with the Earl­dome of Murray, and at length by one mea­nes or other furnished with so greate and ample possessions, that bysides other com­modities and aduantages, the yearely rent thereof passeth and surmounteth the summe of twenty and six thousand poundes after the rate of their money.

Behold now the thankfulnes of this good and grateful nature. He laboured and en­deuoured al that he possibly could, He vvent about, to entaile the Croune of the Realm to him self and the Stevvardes to with­holde the Queenes mind, and stay her from al manner of mariage, and to entaile the Groune of the Realm vnto himself, though he were illegitimate and vncapable therof) and to the name and the blood of the Stew­ards. [Page 36]But when he saw and throughly per­ceaued, and wel knew, that the Queene was fully minded and earnestly bent, and had now determined to ioyne her self in ma­ [...]ge with the Lorde Darley: he practised meanes by his afsistance and procurements, to haue slayne him and his father, and to haue imprisoned her at Lochleuen, and to haue vsurped the gouernement himselfe, as he now doth.

But now when he saw this his intent and purpose disclosed and preuented, His tebel­l [...] against the Q [...]ene and that the solemnization of the mariage was alrea­dy past: he shewed himself with his adhe­rents in open field and in armes against the Queene his Maistresse. Whervpon he was dr [...]en to flee into England. At which his there abode, he instantly solicited and be­sought for aide against his Souereigne, which was worthely denied him.

Then beganne he to practise with the Earle Morton by his letters and messengers about the derestable slaughter of Dauid the Queenes Secretarie, who by their mischie­nous sleights and craftie persuasions, indu­eed the Lorde Darley, promising him to re­moue the Quene from the medling with al [Page]politike affaires, His cōspi­racy vvith them, that slevve the Secretatie Dauid. and actually to put him i [...] possession of the Croune, and of the rule and gouernement of the Realme, to ioyn [...] with them in this traiterous conspiracie against the Queene his moste deare and louing wife and moste dreade Soueregne. Wherevpon the murther was in most hor­rible and traiterous wise committed in the Queenes owne chamber of Presence, A charged pistilet set to the Queenes belly. vpon him violently plucked from the Quene: she also being cruelly manaced and sore threat­ned, hauing also a charged pistolet set to her belly, being then greate with childe, and then remoued from her priuie chamber in­to an other, where she was kepte as priso­ner.

The yong vnexpert and rash Lord Dar­ley, who being blinded with outragious ambition, could not forsee the diuelish drifte of these craftie merchants, beganne now, but almost to late, to espie it: and seeing him selfe as nigh the danger as was his wife the Queene, repaired to her, moste humbly as­king her pardon of his heinous attempt, and pitifully crieng out to her to prouide and finde out some present way, to preserue them selues both. Who by the Quenes po­litike [Page 37]industrie was priuily with her selfe conueied away out of the Rebelles danger: The Q. by her in­dustrie cō ­ueied her selfe avvay vvith the L. Darley. and by him, this wicked drift, and the driuers and contriuers thereof were discouered to the Queene.

But lo, the next day after this slaughter, the Earle Murray entred into Scotland, and repaired to the Queene with as faire a coū ­tenance, as though he had ben cleare, aswel for that fact, as for alother treasons. Wherof the gentle and merciful Queene pardoned him, admitting him againe into her Graces loue and fauor. Wherat the L. Darley much misliking, and vehemently repining: feared, that he would be, as he was in dede, whē he saw his time, reuenged vpō him, The cause, vvhy the Earle Mur­ray hated the Lorde Darley. by cause he was of him detected to the Quene, for being one and the chiefe of the counsailers, aiders and assisters in the conspiracie about the murther of the Secretarie now committed.

These and the like imaginations so depely sanke into and pearced the yong mans harte, that he finally resolued with himself, by one meanes or other, to ridde the Earle Murray out of the way. Whereabout he went so farre forth, that he cōmunicated his purpose to the Quene, who did most highly mislike [Page]therewith, and most vehemently deterre him from the said his intēt. Yet did he brea [...] the matter farther as to certain other nobl [...] nien, by whome at the last it was reueale [...] to the [...] arle Murray. Wherfore the Ear [...] did continually after beare him a deadly enmitie and hatred. Wherevpon at length al other attempts failing him, this execrabl [...] murther was by him the said Earle Murray and by the Earle Murton first deuised, an [...] afterward in such strange and heynous fort as the worlde knoweth and detesteth, most horribly practised and put in execution.

What? peraduenture some man wil say of al the men in the worlde, the Earle Mur­ray is farthest of from al manner of spot and finister suspicion touching this matter. For he was not at the Court, when this murthe [...] was committed: and when the Queene was apprehēded he was out of Scotlād and who did driue out of Scotlād the Earle Bothwel, but the Earle Murray? Who is he, that hath taken so much paines and trauaile, to boult and find out, and execute such, as were cu [...] ­pable therein, but the Earle Murray?

In deede for his bodily presence at the deede doing, I wil nothing affirme: he must [Page 38] [...]eld the price thereof to his companion the [...]arle Bothwel. He must be contented for [...]s share, with the preeminence and prero­at [...]ue of his special deadly foade towarde the Lorde Darley, and preposterous policie [...]nd witte, so closely and so smothly to con­ [...]ey and compasse it, and beare out with so greate countenance so heinous a facte, and [...]o reward him self for his paines taken ther­ [...]n, with the extrusion of his Maistresse and Queene, and intrusion of him self, though absent, to the regiment and gouernment of the whole Realme.

This, this, I say may sufficiently serue him for the aduauncement of his cōmendation and praise, and for the significatiō of his fine politike head and inuentiō: I meane, for that before his departure out of Scotland into France, with his Matchiauels practises, he had so conningly cōtriued the whole mat­ter with his faction, that they should procure not only the Earle Bothwel to be acquited of the murther, but for his good seruice to be rewarded with the Quenes espousalles, intending by this mischieuous policie, the vtter vndoing and ouerthrow aswel of him the Earle Bothwel, as of the Q. her self also.

[Page]There neuer lacked good wil in them, a [...] it wel appeareth by their vngratious doing to haue long before ouerthrowen their fa [...] Maistresse: but there euer lacked apparent matter, to blinde mens eyes withal, and to make her odiouse with the people. Now these wily men wel knew, that if they migh [...] once compasse and bring this mariage to passe with the Earle, whome they intended then as fast to blase abrode for the murther by him committed, as they did suppresse the same before from their good Ladie and Queene, The cause vvhy the Enemies did im­pute the slaughter to the Q. vntil they had brought her to the baite: it would seeme very probable, not on­ly to the eyes and iudgemēt of the rude and cōmon people, but also of many sage, graue, wise and learned men, that she was priuie o [...] her husbands death. Whereby they might pretende one execrable acte against her that al men would detest and abhorre, to colour and cloke their rebellious treache­ries. Lucifer him self could not haue fet­ched a finer and a more mischieuous and diuelish fetche, then herein these men haue done.

As for the Earle Murraies absence, it doth nothing releaue or excuse him: yea, it is [Page 39] [...]ingulerly to be noted and marked, The vvor­king of Murray in the time of his absence that his [...]ery iourneyes lacke not their fine fetches [...]o serue his turne. Through his first iorney [...]nto France, he wan and purchased the high [...]ue and fauour of his benigne Maistresse. [...]e returneth out of England, at the very point seruing two turnes at once: by th' one thereof, to circumuent his good innocent [...]adie, thinkīg to make her beleue by reason of his absenc, ethat he was farre from the so­cietie of that conspiracie: by the other, to [...]ssist the better with his presence the con­ [...]ederates, and sodenly to ioyne with them, as he did.

I graunt, that he was absent bodyly at the facte doing: but yet nothing was done, the whiche was not by his counsel or agre­ment concluded. The which his deuise was so horrible, that it caused the murther of his Souereignes Secretarie, her imprison­ment by her owne husbande, that the Queene being greate with childe, was put in suche a feare, as might haue tended to the present danger of her life, and of her childe. Yea, the very scope of this diue­lish drift was, euen to haue ouerthrowē him also, whome they made their vnhappie and [Page]vnlucky instrument, to ouerthrowe and de­pose his owne louing wife and moste dread Souereigne.

These mysteries ful stuffed with such mis­chieuous purposes, lo, wrought this Earle in this time of his absence. Now it is to be considered, that about sixtene houres be­fore the Lorde Darley was slayne, the bet­ter to colour the matter, he departed from the Court. About twoo monethes after, he toke his iourney into France, leauing the Earle Bothwel as his most entier and trusty frinde, recommending al his causes and af­faires to him before al other.

At his second returne from France, he in­trudeth himselfe into the Scepter Roial vn­der the name and shadowe of the yonge Prince. The which thing was so imagined inuented and deuised, long ere that he de­parted, and in his absence by his trustie frinds remaining in Scotland, accordingly accom­plished and executed.

The Queene was afterward apprehen­ded, and cast into prison at Lochleuē, where his mother and brother dwelleth: vnto the which Fortresse she should haue ben sent, as we haue said, at the first cōspiracie of the [Page 40]said Murray, if their malitious mind and in­tent had not ben disapointed by the proui­dence of God.

Now what searche, when, and after what sorte it was made for the said Earle Both­wel, we haue already declared.

If ye alleage farther, and say, that no man can denie, but that the said Earle Murray made also long diligent and narrow search for the murtherers, Murray and Mortō the heades of the cō ­spiracy a­gainst the L. Darley. and did seuerely punish them: to this we replie and say, that he nee­ded not, to trauaile muche or farre for the sewing out of this matter. For he might at al times haue found the heades of the con­spiratours vpon the Earle Murtons and his owne shoulders.

We say farther, that as it is a strange and new kind of deuotion in the Earle Murray, so to quarel for lacke of solēnitie at the bu­rial of him, for whose said burial he longed and loked for so long: so we say likewise, that it seemeth wonderful, to loue him so tenderly, being deceased and dead, whome he so depely hated liuing. And to seke so se­riously and seuerely to punish the murthe­rers of him, whome he would so oft haue murthered him selfe.

[Page]This geare seemeth (to vs poore simple and slender witted men) vnlikely, incredible and halfe repugnant to nature. And what­soeuer the cause be, we be of that minde, that it is not likely to procede of any fer­uent zeale or greate affection he beareth to the partie, or to the execution of Iu­stice.

Ye are, good Reader, desirous perad­uenture to learne, what other cause there might be, of so strange dealing. Wel, as strange as it is, we lacke not examples of the like craftie and subtile policie, 2. Machab. 3. & 4. as well in holy Scripture and in the monumentes of Antiquitie of diuers other Countries, as of Englande, and especially of Scotlande it selfe.

We finde then in Holy Scripture, that there was one Onias at Hierusalem the High Priest, a man of singuler vertue and perfection, and one that meruelousely ten­dered Gods honour, and the honour and wealth of his Countrey. There was also at the same time one Simon, a very euil dis­posed and wicked creature, whiche went about certaine naughty and wicked deuises. But seeing that he could not atchiue his [Page 41]mischieuous purpose, by reason this blessed man Onias stayed, stopped and preuented him, he practiseth this wicked deuise.

He causeth Kinge Seleucus to be infour­ [...]ed of the great and inestimable treasure remaining and reposed in the Temple at Hierusalem. Wherevpon the King sent Heliodorus, to fetch away by force the said treasure.

But afterward when this purpose chaun­ted to be frustrated and voide, by reason that this Heliodorus, being wonderfully pla­gued of God, was constreined to forbeare 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, thinke ye, this good and honest man Simon? Surely he plaieth the same parte, that the Earle Murray hath played with his most gratious Queene, opē ­ly charging the good innocent Onias with his owne shamefull acte, and saying, that he solicited and incensed the King, to robbe and spoile the Temple.

We find in the Chronicles of our Realme, that albe it Vortiger aspiring to the Croune of the Realme, actually and really obteined [Page]the same by the murthering of King Con­stance (whiche was not done without his craftie incensing and priuie consent) yet he pretended outwardly great sorow, weeping and lamēting the murther of him, the which he neuerthelesse longed for, and was the oc­casion of the same. Hect Boet. Lib. 11. The Earle of Murray resembled to Dun­vvaldus, that procured the slaughter of King Duffus in Scotland.

As for Scotland, I reporte me to the Tra­gical historie of King Duffus slayne by a Nobleman named Dunwaldus, who was in great estimation and autoritie with the said King. When the King was a bedde in the Castle, wherof this Dunwaldus had the kee­ping, he banketed his Chamberlaines, and so oppressed them with immoderate surfeting and drinking, that when they were once gotten about high midnight to sleape in their beddes, ye might haue rong a great be [...] ouer their heads long, ere they wold wake: who being in their dead and depe sleape, the King was murthered and slaine by such as this Noble man had suborned. His dead body was caried away and buried in a riuer. The labourers, that buried him, were also slaine, that they might tel no tales. In the morning the King was missing, his bed was foūd imbrued with blood. Has drousy drūc­ken [Page 42]Chamberlaines, that least knew of the matter, were had in greatest suspicion, and without farther delay, by the said Dun­valdus like a man zelouse to punish male­factours, were slaine and put to death. No man being farther a great while from suspi­cion, then he: vntil first his owne ouer bu­sie searching for the murtherers, Idem li. 16. and after­ward other thinges bread vppon him such suspicion, that he was there vpon apprehen­ded, and being found guilty, worthely exe­cuted.

The like pranck plaied Duke Robert bro­ther to the King of Scotland, The like pa [...]te plaid by Duke Robert in Scotland. and Gouer­nour of the Realme, of whome we spake before. He procured the Prince his nephew to be made away and murthered, and yet pretending himself as holy, as Murray doth, to be zealouse in the punis [...]hing of such an heinous facte, caused certaine innocent per­sons to be executed therefore.

We say then, that the Earle Murrayes dooinges proceede not from any great care he hath to the maintenance of law and Iu­stice, who is moste culpable himselfe: but only colourably to cloke and hide his owne mischieuous treacheries, and to turne the [Page]blame of the fault from him selfe, vppon his good Ladie and Queene, from whose personne it is farthest. Whereof they themselues gaue in manner plaine testimo­nie and witnesse. For though they had openly in their pretensed and disordered Parlament detected her thereof: yet be­fore the Englishe Commissioners they al­leaged other matters, as her voluntarie re­signation of the Croune, &c. The whiche allegations, when they wel sawe, would not serue their turne, and that men did vn­derstand, how and after what sorte they had proceeded against her in Scotland: they were, as it were, driuen and forced, being excluded from all other apparent shiftes, The Earle Murray ād his felovv­es being driuen frō al other shiftes, at lēgth laied to their Quene the death of the Lorde Darley before the Counsaile of Englād. af­ter seuen or eight weekes aduisement, af­ter their first inuectiue, to obiecte the said facte against her.

Wherof the good innocent Queene hea­ring, and astonied at their strange and con­tumelious canuasinges and impudencie in their dooinges, and being sith her appre­hension credibly enformed, and by apparen­cie of matter and proufe therof, lead and in­duced, to beleeue and geue credit, that this wicked enterprise was chiefly inuented and [Page 43]compassed by the Earles Murray and Mur­ton: made earnest sute by her Commissio­ners, to arrest them, that they should not shrinke away and depart, vntil they had an­swered that matter for them selues, whiche she fully intended most effectually to pro­secute against them and others. And so did accuse them in deede by her Cōmissioners, and desired farther, that she might comme in her owne personne before the Nobili­tie and the Ambassadours of other Coun­tries there resident, and goe foreward with and prosecute her said accusation against them.

Whereof they hearing: they fretted, they fumed, they stamped, they stared, and for a smal while made much hot sturre But when they had wel considered and digested the matter, loking in their owne breastes, they became vpon the sodaine so colde, that they thought euery day an hundred, vntil they were packing home, and neuer ceassed, al­leaging many vaine and friuolouse excuses to vrge their dimission moste importunate­ly, vntil they had at the last obteined their sute.

O that Cassius were now liuīg, that he might [Page]lay to the Earle Murrais charge, his accu­stomed worthy saing, Cui bono? He would tel him, that as the Queene by this facte had no manner of hoped commoditie, and is of ouer good and vertuous disposition and nature, in any respect of worldly commodi­tie, so to dishonour her selfe and state, and euen as th'Earle Murraies birth and natural inclinatiō were most apt and mete to worke such naughty practises: so were there many occasions also for his parte, such as he had best liking and contentation of, to the put­ting of the same in practise.

Among other thinges, it pincheth him and al his faction, The causes vvhy the Earle Mur­ray vvent about as­vvel to make a­vvay the L. Darley, as to de­pose the Queene. and greeueth them to the very hart, to remember the reuocation the Quene had made the April before of al such thinges, as apperteine to the Croune, that had by her self or others in her minoritie, ben alienated. Which reuocation by an old law and order in Scotland, the Princes ther may make before the accomplishment of twenty and fiue yere of age. Now had the Earle Murray and his faction, by one meanes or other, gotten into their handes and pos­session, two parts of the yearly reuenewes of the whole Croune.

[Page 44]See, see, I pray thee, good Reader, if this were not the very vndoubted cause, that made him and them so pitiful and so tender harted towarde the L. Darley being dead, whose death they had so long thirsted for, and whose life they had by so many snares and mischieuous waies assaulted and laied wait for.

Yea there was a farther, Cui bono? then this. They thought to driue by their ioly po­litike practises, al the displeasure and hatred of the facte vpon the Queene: and so for this pretensed mischieuous facte to driue her from the possession of her Croune, and to intrude them selues by some pretie colou­rable conueiances, into the sole intermed­ling with al the publike affaires, and to the Gouernement of the Realme vnder the title of the good Infant the Queenes sonne; and to assure their possessions to them selues, at leaste the space of twenty and fiue yeares more. But I pray God there be not a far­ther and a worse fetche, then al this com­meth to.

Wel then, al these their foretolde pur­poses hath the Diuel brought to passe for them euen according to their harts desire: [Page]sauing that he oweth them a shame and wil pay it them, when they count them seluet most cocke sure. And beginneth (as it see­meth alredy) ful properly to pay them home euery one day more then other. For as close and as secrete as they hid and kept their doinges from the world, especially fro their good Quene, vntil they had quitted th'Earle Bothwel, and coupled him most dishonou­rably with that vpright and wel meaning Ladie in pretēfed mariage, they could neuer bring their matters to passe. And for al their vaine bragging and outfacing (as it were) their innocent Souereigne: their whole wicked drift is derected, burst out and come to the certeine knowledge of no smal number of men.

Is it vnknowen, thinke ye the Earle Mur­ray, what the Lord Harris said to your face openly, euen at your: owne table a few daies after the murther was committed? Did he not charge you with the fore knowledge of the same murther? Did not he, nulla circui­tione vsus, flatly and plainely burden you; that you riding in Fiffe, and comming with one of your moste assured trusty seruants the said day, wherein you departed from [Page 45]Edenborough, The Earle Murray de clared the day before that the L Darley should be slaine. Diuers as­sembles of the Earle Murray ād his adhe­rents to consult vpon the slaughter of the L. Darley. said to him among other talke: This night ere morning the Lorde Darley shal lose his life?

Is it not ful wel knowen, thinke ye, that ye and the Earles Bothwel, Morton and others assembled at the Castle of Cragmiler and other places at diuers times, to consult and deuise vpō this mischief? If neede were we could rehearse and recompte to you the whole summe and effect of the oration made by the most eloquent among you, to stirre vp, exhorte and inflame your faction then present, to determine, and resolue them selues, to dispatche and make a hande with the L. Darley.

We can tel 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 opportunitie offered to make him away, should furthwith take it in hande and dis­patche him

We cā tel you, and so cā fiue thousand and moe of their owne hearing, that Iohn Hep­borne the Earle Bothwels seruant, being ex­ecuted for his and your traiterous facte, did openly say, and testifie, as he should answere to the contrarie before God, that you were [Page]principal authors, counsailers and assisters with his Master of this execrable murther: and that his said Master so tolde him, and farthermore, that he him selfe had sene the Indentures we spake of.

We can tel you, that Iohn Haye of Ga­loway, Diuers ex­cuted in Scotland for the said murther. vvhereof none could charge the Queene. that Powry, that Dowglish, and last of al that Paris, al being put to death for this crime, toke God to recorde at the time of their death, that this murther was by your counsayle, inuention and drift committed. Who also declared, that they neuer knew the Queene to be participant or ware thereof.

Wel, we can farther tel you of the greate goodnes of God, and of the mightie force of the trueth. Whereby though ye haue wonderfully turmoiled and tossed, though ye haue racked and put to death aswel inno­cents, as guiltie, your owne confederats, and offred many of them their pardons, so they would depose any thing against the Quene: God hath so wrought, that as for no tormēts nor fayer promises they could be brought, falsly to defame their Mastresse: so without any torments at al they haue voluntarily purged her, and so layed the burden vpon [Page 46]your necks and shoulders, that ye shal neuer be able to shake it of.

We can tel you, that England doth wel knowe these your detestable practises, nei­ther wil suffer it selfe to be spotted with the fauouring and assisting of your abhomina­ble doinges.

We can tel you, that this good Ladie is vniustly accused, and wrongfully oppressed, as good Susanna was.

We can tel you, that ye altogether re­semble the two old wicked Gouernors that wrongfully accused her, as an aduoutresse, being the aduouterers them selues, and brought her into danger of present death by their false testimonie (as ye haue done with your wel intending Queene) for that she would not consent, and yelde to the old lusty leacherous rebels.

We can tel you, that if you do not the soner repent, ye see by example of them, what your rewarde shal be, and that in the meane while God hath as woderfully deli­uered out of your handes this our innocent Susanna, as euer he did the other from them. For though she were kept so straight in a strong Forstresse and Castle with watche [Page]and warde, The Q. in a māner miracu­lously de­liuered out of Lochle­uen prison in such forte, that none of her wel willers and frinds, no not so much as the Frenche Kinges Ambassadors might be suffered to come at, or to speake with her: though she were daily guarded with greate nomber, though the gates were eue­ry euening surely and customably locked, and the keies thereof were continually night by night deliuered to the Lord of the said Castle: though the botes were conti­nually fastened and locked vp: yet God so wrought, that the keies of the said Castle were in the said Lords very presence taken away by a poore orphā simple boy being not yet eightene yeares olde, bred alwaies and brought vp in the same house. Which feate by him wrought, and a tokē or signification geuen therof to the Quene, she departed out of her prisonhouse into the courte thereof at seuen of the clocke at night, vpon the se­cōd day of Maie, and so passing, went to the said gates vnlocked and opened by the said orphan boye. Who taking bote also, rowed her and her waiting maide withal, with much a doe ouer the water.

Who hauing now passed the water, was on the other side receiued by certaine gētle­men, [Page 47]and by them conueied and conducted to Hamilton: where she before her Nobili­ [...]e reuoked, annihilated and made voide al that she did in prison before, with solemne protestation vpon her othe, that she was violently forced thereto, and put in iust [...]eare of the losse of her life.

After this it pleased God to put her in minde, to take her iourney into England, as­wel for the special and comfortable pro­mises to her made before her comnig, by messengers, letters and tokens sent from the best there, both cōforting and promising her (opportunitie seruing) al conuenient succour and helpe, as that we Englshemen (which must needes honour and reuerence her, who is of the next roial blood and true Heir apparent of the Croune of this Realm of England) should thoroughly knowe and fully vnderstand, to our greate comfort, her purenes, integritie and innocencie in the matter: vnder pretēse wherof her traiterous and rebellious subiects, thereby to accōplish their seditious and ambitious minds and pur­poses, haue molested, vexed and disquieted her in manner aforesaid, and now at the last [...]epe her, not only from her Croune and [Page]Realme: but from al whatsoeuer either her priuate, or other goods, as vnwilling that she should either kepe the state and porte of a Prince, or any other meaner estate what­soeuer.

Neither hath it altogether fallen out cō ­trary to her expectation and desire. For the Nobles of England, that were appointed to heare and examine al suche matters, as th [...] Rebels should lay against the Queene, haue not onely found the said Queene innoce [...] and guiltlesse of the death of her hushand but doe withal fully vnderstand, that her ac­cusers were the very contriuers, deuisers practitioners and workers of the said mur­ther, and haue farther also so much encrea­sed and in suche wise renued the good esti­mation and greate hope they alwaies had o [...] her, now perfectly knowing her innocency and therto moued through other prince [...] qualities resplendent in her, The Com­missioners appointed in Englād to heare the Quene of Scotlād her maters vvel liked of her faid innocency and of her title to the succession of the Cioune. with ma [...] whereof she is much adorned and singule [...] ­ly endued: that they haue in most earne [...] wise solicited and entreated, that she migh [...] be restored againe to her honour an [...] Croune. They haue moued the said Quen [...] of Scotland also, that it may please her to ac­cept [Page 48]and like of the most noblest man of all England, betwene whome and her there might be a mariage concluded, to the quie­ting and comforte of both the Realmes of England and Scotland.

Finally the noblemen of this our Realme acknowledge and accept her for the very true and right heire apparent of this Realm of England, being fully minded and alwaies ready (when God shal so dispose) to receaue and serue her as their vndoubted Queene, Maistresse and Souereigne: whereby it may easely appeare, howe wel they like of her cause, that had the hearing and trial of the same, although they neuer as yet came in her presence.

These things now and many other (which for the eschuing of prolixitie we forbeare to enlarge our Treatise with) may be allea­ged for the defence of the Queenes integri­tie, and for the vprightnes of her cause, An exhor­tation to the Earles Murray ād Murton ād others to reconcile thēselues to the Q. the whiche I would wishe you the Earles Mur­ray and Murton with your allied confede­rats, before al other, most depely and by­times to weigh and consider accordingly, as th [...] weight and greatnes of the cause, as your owne safety with the welth and honor [Page]of your owne natiue Countrey do require. I am not ignorant, that the matter is gone very farre with you, and that many impedi­mentes doe concurre to withdraw you, to seeke that remedy for reformation of things past, which is the best and the only remedy. But surely when ye haue fully weighed al thinges on euery side accordingly, ye shall finde no sure and sound remedie, but in ma­king a true, a sincere and an vnfained hūble submission to your gratious Queene, whom ye haue so greeuously offended and mole­sted.

Let not the greatnes or number of your treasons wrought against both your Quene and Coūtrey, let not any vaine false imagi­ned opiniō either of the shame of the world, or of your vtter ouerthrowe, by reason of suche fond presumption of your present high estate, of your great power, force and strength: let no vaine expectation of exter­nal succours stay or stop you from so neces­sarie a duetie, and so commendable before God and the worlde. The Q. of Scotlād ful of mer­cy. Ye best knowe, that among al the Princely ornamentes and ver­tues of your Queene, her mercy and clemē ­cy are singuler and peerlesse. She seemeth [Page 49]well to haue learned that lesson of the Gospel: If thy brother doe offend thee, for­geue him, not onely seauen times, but sea­nenty times seauen times. She will not onely forgeue, but forget also.

She neither is ignorant, in what state her Realme standeth in, nor that extreme se­ueritie, from the which she naturally ab­horreth, is not of al other times now (against suche, as wil imbrace mercie offered to them) to be shewed and practised. She wil rather like the lawe of [...], obliuion and forgetfulnes, so much of the Writers commended. The great benefite wherof ye haue so often and so abundantly receaued at her handes. And therfore ye neede the lesse to feare the discontinuance of your high and honourable estate and condition. As for shame, it standeth in the euil doing it self, and not in the amending and refor­ming of il deedes, which amendement and reformation if ye earnestly and truely mind, it wilbe to the great contentation of your most gratious Queene, and of al her louing subiects. And in so doing, you shal both highly auaunce your honourable estate and estimation, and make her a good amends for [Page]that which is past, and can not be reuoked.

But on the other side, if ye geue ouer and refuse this occasion now present, and go forward with your rebellious enter­prises and attempts, minding to abide and trie the vttermoste: ye must wilfully cut away and exclude from your selfe al good hope of mercie and pardō, and take a wrong way for your owne saftie and preseruation. For your cause is naught, and so ye well know it to be. And therfore can ye not loke to haue and obteine a good prosperous successe and ende thereof. Wel ye may, as hitherto ye haue done, tosse, turmoile and tumble al thinges vpside dounewards for a while: but be ye assured, that Gods hande wil fal and light the heuier and with a grea­ter paise vpon you at the length therefore.

It is easy to be seen by the course of all times, The ende of Rebels euer vn­happy. aswel by your owne very Stories at home, as by the Chronicles of all other Nations abrode: to what ende commonly such seditious conspiracies and treasons do come to: that is, to the vtter ouerthrow and confusion for euer of those persons, that worke, attempt, practise and mainteine the same. They seeme for a while to beare great [Page 50]sway, and al the world for a while to runne with them: but in the ende they faile and are cleane geuen ouer.

What meruaile were it, if a house should not long continue, that is builded but vpon a yelding sandy grounde? Ye haue builded and founded al your doinges vpon vntrue and lying slaūders and treacherous treasons against your dread Souereigne. The sincere veritie whereof we haue herein truely de­clared. The which being once throughly detected, and euidently knowen to such, as ye haue in Scotland craftily abused, and shamefully circumuented (as surely it daily bursteth out more and more) ye shal see your selues sodenly leaft naked, and quite forsa­ken, euen of those, who haue bene your greatest assisters, aiders, and furtherers. For, as the old prouerbe is, Trueth is the daugh­ter of time. And as ye shal be leaft alone at home, so can ye not looke for main­tenance and vpbearing of foraine Prin­ [...]es. They wil not defile them selues and their honourable vocation with helping so foule a cause, and so dangerous and perilous a matter, that may tende to the molesta­tion and hurt, not only of their owne state, [Page]but of the states of all Kinges Christened. Other Princes vvil not suffer the Quene of Scotland to be iniu­ried by her subiectes.

Nay, ye must rather thinke, that othe [...] Princes wil iudge and take it to touch the [...] to nigh, to suffer such a vilanie to passe an [...] escape vnreuenged, and so good a Ladie t [...] be left destitute and desolate. The Emperou [...] wil not beare it, France wil not beare i [...] Spaine wil not beare it. And especially En­gland with her worthy Nobilitie wil no [...] beare or suffer such outragious dealinges a­gainst their next louīg neighbour, yea again [...] the heire apparēt of this most noble Realme [...] albe it that ye with your surmised lyes, the better to mainteine your vsurped and new erected Kingdome, put others in feare o [...] their owne state, in case the said inno­cent Queene should be restored to her Croune againe.

A TREATISE TOVCHING THE RIGHT, TITLE AND INTEREST OF the mightie and noble Prin­cesse Marie, Queene of Scotland, to the succession of the Croune of England. The Second Booke.

THE great prouidence, good Reader, of the eternal God, who of nothing created all thinges, did not only create the same by his ineffable power, but by the same power gaue a special gifte and grace also to euery liuing thing, to continue, to renewe, and to preserue eche his owne kinde. But in this consideration the condition of man among and aboue al earthly thinges hath his pearelesse prerogatiue of wit and reason, Man only hath the pieroga­tiue of vvit and reason among al earthlye creatures. wherewith he only is of God gratiously en­dewed and adorned: by the which he doth prouide not only for his presente necessitie and sauegard (as do also naturally after their sorte al beastes, and al other liuing thinges voide of reason) but also by the pregnancie [Page]of wit, and reasonable discourse doth long afore forsee the dangerous perils that many yeres after may happen, either to himself, or to his Countrey: and then by diligence and careful prouision doth inuent apte and mete remedies for the eschewing of suche mis­chieffes, as might outragiously afterwarde occurre. And the greater the feare is of greater mischief: the greater, the deper, and the speedier care is wont to be taken, to preuent and cut of the the same.

It is also most certaine by the confession of al the world, Men are most boūd to the pre­seruation of their Coūtrey. that this care is principally dew, by eche man that hath opportunitie to do good therin, to his Prince, his Countrey, and to the common Weale and good quiet of the Countrey, for the continuance and happie preseruation of the same. To the preseruation whereof, as there are many partes and branches belonging: so one prin­cipal part is for Subiectes, louingly and re­uerently to honour, dreade, and obediently to serue their Souereigne, A great cō moditie to the cōmō vvealth, to knovv the heire appa rente. that chaunceth presently to rule and gouerne. The next, to foreknow, to whome they should beare their allegeance, after the deceasse of their foresaid Prince and Gouernour.

[Page 3]Which being once certaine and assured­ly knowen, as it procureth, when the time requireth, readie and seruiceable obedience, with the great comfort and vniuersal reast and quietnes of the Subiectes: so where for the said Successour there is among them discord and diuersitie of iudgementes: the matter groweth to faction, and from faction to plaine hostilitie, and from hostilitie to the daunger of many mens liues, and many times to the vtter subuersion of the whole state.

For the better auoiding of suche and the like inconueniences (albeit at the begin­ninge Princes reigned not by descente of blood and succession, but by choyce and election of the worthieste) the worlde was for the moste parte constrained, to repudi­ate election, and so often times for the bet­ter and the worthier to take a certain issue and ofspringe of some one onely persone, Why all the vvorld almost doth en­brace suc­cession of Princes ra­ther then election. though otherwise perchaunce not so mete. Which defecte is so supplied, partely by the great benefit of the vniuersal rest and quiet­nes that the people enioy thereby, and part­ly by the graue and sage Counsaylours to Princes: that the whole worlde in a manner [Page]these many thousand yeares hath embraced succession by blood, rather then election. And politike Princes, whiche haue had no children of their owne to succede them, haue had euer a special care and foresight thereof for auoiding of ciuil discention. So that the people might alwaies knowe the true and certaine Heire apparent, chiefly, where there appeared any likelyhod of va­rietie of opinions or faction to ensewe a­bout the true and lawful succession in go­uernement.

This care and foresight doth manifestly appeare to haue bene not onely in many Princes of foraine Countreies, but also of this Realme, as wel before the tyme of the Conqueste, as also after, namely in Kinge Edwarde the Confessour, Flores hi­stor. anno 1057. in declaring and appointing Eadgare Atheling his nephewes sonne his heire, as also in King Richard the first, who before he interprised his Iourney to Hierusalem (where for his chiualrie he atchiued high honour) declared by consent of his Nobilitie and Cōmous, Richardus Canonicus sanctae Trinit. Lond. Flor. histo anno 1190. Polid li. 14 Arthur sonne of his brother Duke of Britaine, his next heire in succession of the Crowne. Of the whiche Arthur, as also of the said Eadgare [Page 4]Atheling we wil speake more hereafter.

This care also had King Richard the se­cond, what time by authoritie of Parlament he declared the Lorde Edmond Mortymer, that maried Philippe dawghter and heire to his Vncle Leonel Duke of Clarence, Polid li. 20 heire apparente. And to descende to later times, our late Noble Souereigne King Henry the eyght shewed, as it is knowen, his prudente and zealous care in this behalf before his last noble voiage into Fraunce.

And now, if God should (as we be al, as wel Princes, as others, subiect to mortall chaunces) once bereaue vs of the present Gouernour, the hartes and iudgementes of men being no better, nor more firmely set­led and fixed towards the expectation of a certaine succession, then they seme now to be: then wo and alas: it yrketh my verie harte, euen onse to thincke vpon the immi­nente and almost the ineuitable daunger of this our noble Realme, beinge like to be o­uerwhelmed with the raging and roring waues of mutual discorde, and to be consu­med with the terrible fier of ciuil discētion.

The feare whereof is the more, by reason already in these later yeares some flames [Page]thereof haue sparkled and flusshed abrode, and some parte of the rage of the sayd fluddes haue already beaten vpō the bankes. I meane the hot contention, that hath bene therein in so many places, and among so ma­ny persons: of bookes also, that haue bene spread abrode, and daily are spread, being framed affectionately, and sounding accor­ding to the sinister opinion of euery mans priuate appetite.

Seing therefore, that there is iust cause of feare and of great danger likely to happen by this varietie of mens iudgementes so di­uersely affected, as wel of meane men, as of greate personages: I take it the parte of e­uery true Englishman, to labour ad trauaile eche man for his possibilitie, and for suche talente, as God hath geuen him, to helpe in conuenient tyme for the preuenting of the imminent daunger. We knowe, what wit, what policie, what paines, what charges menne imploie, to prouide, that the Tem­mes or sea doo not ouerflowe such places, as be moste subiecte to daunger. We knowe, what politike prouision is made in many good Cities and townes, both to fore­see, that by negligence there ryse no dan­gerouse [Page 5]fiers, and yf they chaunce, with al diligence to represse the rage thereof. Wherein among other his prudente doo­inges Augustus the Emperour is commen­ded, for appointing at Rome seuen com­panies ordinarily to watche the Citie, for the purpose aforesaide. Wherevnto he was enduced, by reason the Citie was in one daye in seuen seuerall places sette on fier. And shal not we euery man for his his parte and vocation, haue a vigilant care and respecte, to the extinguishement of this fier already sprong out, that may (if the matter be not wisely foreseen) destroie, subuert and consume, not one Citie onely, but importe an vniuersall calamitie and de­struction?

Which to represse, one ready and good way seemeth vnto me, if men may knowe and be throughly persuaded, in what person the right of the succession of the Croune of this our Realme doth stande and remaine. For now many men through ignorance of the said Right and Title, and also the same being depraued by certaine sinister per­suasions in some bookes, wherevnto they haue to lightly geuen creditte, be caried [Page]away from the right opinion and good hart, that they otherwise would and should haue.

The whiche kind of men I doo hartely wishe from their said corrupte iudgemente to be reuoked: and shal in this Treatise doo my beste indeuour, to remoue, not presu­ming vpon my self, that I am any thing bet­ter able, then others, this to do (for I knowe my owne infirmitie) but being glad and wil­ling, to impart vnto others such motiues, as vpon the reading of such bookes, which of late haue ben set forth by the Aduersaries, and after the diligent weying of diuers ar­gumentes to the contrarie, seeme vnto me sufficient to satisfie any honest and indiffe­rent man, that is not obstinately bent to his owne wilfull affections, or to some other sinister meaning and dealing.

We say then and affirme, that the right Heire and Successour apparent vnto the Croune of this Realme of England, is at this time such a one, as for the excellent giftes of God and nature in her most princely ap­pearing, is worthie to inherit either this no­ble Realm, or any other, be it of much more dignitie and worthines.

But nowe I claime nothing, for the wor­thines [Page 6]of the person, whiche God forbid should be any thing preiudiciall to the iuste title of others. Yf most open and manifeste right, iustice and title do not concurre with the worthines of the person: then let the praise and worthines remaine where it is, and the right where God and the lawe hath placed it.

But seing God, Nature and the law doth call the person to this expectation, whose interest and claime I do now prosequute (I meane the right excellēt Ladie, The Quene of Scottes is right heire apparent to the Croune of Englande. Ladie Marie Queene of Scotlande) I hope, that when her right and iuste title shalbe throughly heard and cōsidered by the indifferent Rea­der, if he be persuaded already for her right, he shalbe more firmely setled in his true and good opinion, and that the other parties, be­ing of a contrarie minde, shall finde good causes and groundes, to remoue them from the fame, and to geue ouer and yelde to the truthe.

Her Graces Title then, as it is moste open and euidente, so it is moste confor­mable to the lawe of God, of Nature, and of this Realme: And cōsequently in a man­ner of all other Realmes in the worlde, as [Page]growing by the nearest proximitie of the Roial blood. She is a Kinges and a Quee­nes daughter, her selfe a Queene, daugh­ter to the late King Iames of Scotlande, sonne to Ladie Margarete the eldest Sys­ter to our late Soueraigne Kyng Henrie the Eight. Whose daughter also the Ladie Lenoux is, but by a later husbande: the Ladie Frauncis, late wife to Henrie Mar­ques Dorsette, afterwarde Duke of Suf­folke: and the Ladie Elenour, late wife to the Earle of Cumberlande, and their Pro­genie proceedeth from the Ladie Marie, Dowager of France, yongest Sister of the said King Henrie, late wife to Charles Bran­don Duke of Suffolke.

I might here fetche foorth olde farne dayes. I might reache backe to the noble and worthie Kinges long before the Con­quest, of whose Roial blood she is descen­ded. Whiche is no parte of our purpose, neither doth enforce her Title more then to prooue her no stranger within this Re­alme. But the Argumentes and prouffes, which we meane to alleage and bring forth for the confirmation of her right and Ti­tle in Succession (as Heire apparent) to the [Page 7]Croune of England, are gathered and groū ­ded vpon the lawes of God and nature, and not only receaued in the Ciuill policies of other nations, but also in the olde lawes and Customes of our owne Countrey, by rea­son approued, and by vsage and long conti­nuance of time obserued, from the first con­stitution of this Realme in politicall order vnto this present day.

And yet for al that hath it bene, and yet is, by some men attempted, artificially to ob­iecte and caste many mystie darke cloudes before mennes eyes, to kepe from them (if it may be) the cleare light of the said iust ti­tle, the which they would extinguish, or at the least blemish with some obscure shadow of lawe, but in deede against the lawe, and with the shadowe of Parlamentes, but in deede against the true meaning of the Par­lamentes.

And albe it, it were inough for vs (our cause being so firmely and suerly establis­shed vppon al good reason and lawe) to stande at defence, and onely to auoide (as easely we may) their obiections, which prin­cipally and chiefly are grounded vpon the common lawes and Statutes of this Realme: [Page]yet for the bettering and strengthening of the same, we shal lay forth sundrie great and inuincible reasons, cōioyned with good and sufficient authoritie of the law, so approued and confirmed, that the Aduersaries shal ne­uer be able iustly to impugne them. And so that we trust, after the reading of this Trea­tise, and the effectes of the same wel dige­sted, no maner of scruple ought to remaine in any indifferent mans hart, concerning her right and Title.

Whose expectation and conscience all­though we truste fully in this Discourse to satisfie, and doubt nothing in the worlde of the righteousnes of our cause: yet must we nedes confesse, the manner and forme to en­treate therof to be ful of difficultie and per­plexity. For such causes of Princes, as they be seldome and rare, so is it more rare and strange, to finde them discoursed, discus­sed and determined by any lawe or statute, albe it nowe and then some statutes tende that waye. Inst. de iust. & iure §. fin. Neither do our lawes, nor the Corps of the Romaine and Ciuil law light­ly meddle with the princelie gouernement, but with priuate mens causes.

And yet this notwithstanding, for the [Page 8]better iustification of our cause, albe it I de­nie not, but that by the cōmon law it muste be knowē, who ought to haue the Croune, and that the common lawe muste discerne the right, aswel of the Croune, as of sub­iectes: yet I saye, that there is a greate difference betwene the Kings right, and the right of others: And that the Title of the Croune of this Realme is not subiect to the rules and principles of the common lawe of this Realme, as to be ruled and tryed after such order and course, as the inheritance of priuate persons is by the same. The com­mon lavve of this Realme is rather grounded vpon a general cu­stom, then any lavve vvritten. In Prologo suo eiusdem li. fo. 1. et 2. De dict. Ra nulpho Glā ­uilla uide Giraldum Cambren. in topogra. de Wallia. For the prous whereof let vs consider, what the common lawe of this Realme is, and how the rules thereof be grounded and do take place.

It is very manifeste and plaine, that the common lawe of this Realme of England is no law writtē, but grounded only vpon a common and generall custome throughout the whole realme, as appeareth by the Trea­tise of the auncient and famous Writer of the lawes of the realme named Ranulphus de Glanuilla, who wrote in the time of the no­ble King Henrie the second, of the law and Custome of the realme of England: being then, and also in the time of the raigne of [Page]King Richarde the firste, the chiefe Coun­sailour and Iustice of the same King, Fortescue de lau. Leg. Angl. c. 17. [...]. E. 4.19.33. H. 6.51. Pinsons printe. and al­so by the famouse Iustice Fortescue in his booke whiche he wrote being Chauncel­lour of England De laudibus Legum Angltae. And by 33. H. 6.51. and by E. 4.19. Whiche Custome by vsage and continuall practise heretofore had in the Kinges Courts with­in this Realme is only knowen and maintei­ned: wherein we seeme much agreable to the olde Lacedemonians, who many hun­dred yeres past most politikely and famous­ly gouerned their common Wealth with lawe vnwritten: Inst. de iure natura. gēt. & ciuil. §. ex non script. whereas among the Athe­nians the writen lawes bare al the sway.

This thing being so true, that with any reason or good authoritie it can not be de­nied: then we are farther to consider, whether the Kinges Title to the Croune can be examined, tried and ordered by this common Custome, or no. Yf ye say it may: then must ye proue by some recorde, that it hath bene so vsed: otherwise ye only say it, and nothing at all proue it. For nothing can be said by lawe to be subiecte to any custome, vnlesse the same hath ben vsed ac­cordingly, and by force of the same custom. [Page 9]I am wel assured, that you are not able to proue the vsage and practise thereof by any record in any of the Kings courts. Yea I wil farther say vnto you, and also proue it, that there is no one rule general or special of the common lawe of this Realme, which ye [...] ­ther haue shewed, or can shewe, that [...] bene taken by any iuste construction to [...] tende vnto, or bind the King or his Crou [...]. I wil not denie, but that to declare and see forth the prerogatiue and Iurisdictiō of the King, ye may shewe many rules of the lawe, but to binde him (as I haue sayde) ye can shewe none.

Ye say in your booke, that it is a Maxime in our lawe most manifest, that who so euer 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 in­herite any thing in England. Whiche rule being general, without any wordes of exce­ption, ye also say, must nedes extende vnto the Croune. What you meane by your law, I knowe not. But if you meane (as I thinke you do) the common lawe of England: I an­swere, there is no such Maxime in the com­mon lawe of this Realme of Englande, as [Page]hereafter I shal manifestly proue.

But if it were for argumentes sake ad­mitted for this time, that it be a Maxime or general rule of the cōmon law of England: yet to say, that it is so general, as that no ex­ception can be taken against the same rule, ye shewe your selfe either ignorant, or els very carelesse of your creditte. For it doth plainely appeare by the Statute of 25. 25. E. 3. E. 3. (being a declaration of that rule of the Lawe, whiche I suppose ye meane, ter­ming it a Maxime) that that rule exten­deth not vnto the Kinges children.

Whereby it moste euidently appeareth, that it extendeth not generally to al. And if it extende not to binde the Kinges chil­dren in respect of any inheritance descen­ded vnto them from any of their Aunce­stours: it is an Argument à fortiori, that it doth not extende to binde the King or his Croune.

And for a ful and short answere to your Authorities sette foorth in your marginall 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 appeare [Page 10]vnto all, that will reade and pervse those Bookes, that there is none of them al, that doth so much as with a peece of a word, or by any colour or shadow seeme to intende, that the Title of the Croune is bounde by that your supposed general rule or Maxime. For euerie one of the said Cases argued and noted in the said Booke, are onely concer­ning the dishabilitie of an Alien borne, and not Denizon, The adue [...] sacies case pettineth to subiects only. to demaunde any landes by the lawes of the Realme by suite and action onely, as a subiect vnder the King, and no­thing touching any dishabilitie to be laied to the King himselfe, or to his subiectes.

Is there any controuersie about the Title of the Croune, by reason of any such disha­bilitie touched in any of these Bookes? No verely, not one worlde, I dare boldely say. As it may most manifestly appeare to them, that wil reade and pervse those bookes. And yet ye are not ashamed, to note them as sufficient authorities for the maintenance of your euil purpose and intēt. But as ye would seeme to vnderstand, that your rule of dishabilitie is a general Maxime of the law: so me thinketh ye should not be ignorant, that it is also as general, yea a more general rule and [Page]Maxime of the lawe, No Maxi­me of the lavve bin­deth the Croune, vnles the Croune specially be named. that no Maxime or rule of the lawe can extende, to binde the King or the Croune, vnlesse the same be specially mentioned therein, as may appeare by diuerse principles and rules of the lawe, which be as general, as is your sayd suppo­sed Maxime, and yet neither the King, nor the Croune is by any of them bound.

As for example: it is very plaine, that the rule of the Tenante by the Curtesie is ge­neral without any exception at al. 1 Of the Te­nante by the curtesy And yet the same bindeth not the Croune, neither doth extende to geue any benefitte to him that shal marie the Queene of England. As it was plainely agreed by all the lawiers of this Realme, when King Philippe was mar­ried vnto Queene Marie, although for the more suertie and plaine declaration of the intentes of King Philippe and Queene Ma­rie, and of al the states of this realme, it was enacted, that King Philip should not claime any Tytle to be Tenaunt by the Curtesie.

It is also a general rule, 2 Nor that the landes shalbe di­uided a­mong the daughters. that if a man dye seased of any landes in Fee simple without issue male, hauing diuerse daughters: the lande shallbe equally diuided amonge the daughters. Which rule the learned men in [Page 11]the lawes of this Realme agreed vpō in the lyfe of the late noble Prince Edwarde, and also euery reasonable mā knoweth by vsage to take no place in the succession of the Croune. For there the eldest enioyeth al, as though she were issue male.

Likewise it is a general rule, that the wife 3 after the decease of her husband, shalbe en­dowed and haue the thirde parte of the best possessions of her husband. Not the vvife shall haue the third part. And yet it is ve­ry clere, that any Queene shal not haue the thirde parte of the landes belonging to the Croune, 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 &c.21. E. 3.9. & 28. H. 6. and diuers other bookes.

Bysides that, the rule of Possessio fratris, be­inge generall, neither hath bene, or can be stretched to the inheritance of the Croune. For the brother of the half blood shal suc­cede, and not the sister of the whole blood, as may appeare by Iustice Moile, as may be proued by King Etheldred brother and suc­cessor to King Edward the Martyr, and by King Edwarde the Confessour, brother to King Edmunde, and diuers other, who suc­ceded in the Croune of England, being but of the halfe blood. As was also the late Queene Marie, and is at this presente her [Page]sister who both in al recordes of our lawe, wherein their seueral rightes and titles to the Croune are pleaded (as by daily experi­ence, aswell in the Exchequer, as also in all other Courtes is manifest) doe make their conueiance as heires in blood th'one to the other, which if they were cōmon or priuate persons, they could not be allowed in lawe, they (as is wel knowen) being of the halfe blood one to the other, that is to wit, begot­ten of one father, but borne of sundrie mo­thers.

It is also a general rule in the lawe, 5 that the executour shal haue the good and Chat­tles of the testatour, Nor that the execu­tour shall haue the goods and Chattles of the re­s [...]atour. 7. H. 4. sol. 42. and not the heire. And yet is it otherwise in the case of the Croune. For there the successour shal haue them, and not the executour, as appeareth in 7. H. 4. by Gascoine. It is likewise a general rule, that a man attainted of felony or treason, his heire through the corruption of blood without pardon and restitution of blood, Nor that a traitour i vnable to take landes by discente and vvith­out pardō. is vnable to take any landes by discente. Whiche rule al­though it be general, yet it extendeth not to the discente or succession of the Croune, al­though the same Attainder were by acte of Parlamente, as may appeare by the Attain­der [Page 12]of Richarde Duke of Yorke, and King Edward his son, and also of King Henry the seuenth, who were attainted by acte of Par­lament, and neuer restored, and yet no disha­bilitie thereby vnto Edwarde the fourth, nor vnto Henry the seuenth, to receaue the Croune by lawful succession.

But to this you would seeme to answere in your said booke, saying, that Hēry the se­uenth, notwithstanding his Attainder, came to the Croune, as caste vpon him by the or­der of the lawe: forasmuch that when the Croune was caste vpon him, that dishabili­tie ceassed. Wherein ye confesse directly, that the Attainder is no dishabilitie at all to the succession of the Croune. For although no dishabilitie can be alleaged in him, that hath the Croune in possession: yet if there were any dishabilitie in him before to receue and take the same by lawful succession, then must ye say, that he was not lawful King, but an vsurper. And therfore in confessing Hen­ry the seuenth to be a lawful King, and that the Croune was lawfully caste vppon him, ye confesse directly thereby, that before he was Kinge in possession, there was no dishabilitie in him to take the Croune by [Page]lawful successiō, his said Attainder notwith­standing: which is as much as I would wish you to graunt.

But in conclusion, vnderstanding your self, that this your reason can not mainteine your intente: you goe about an other way to helpe your self, making a difference in the lawe betwene the case of Attainder, and the case of foraine byrth out of the Kinges allo­geāce: An an­svvere to the Aduersary ma­king a dif­ference be tvvene Attainder ād the birth out of the allegeāce. saying, that in the case of the Attain­der neessitie doth enforce the succession of the Croune vpon the partie attaynted. For otherwise, ye say, the Croune shall not descende to any. But vpon the birth out of the Kinges allegance, ye say, it is otherwise. And for proufe therof, ye put a case of I.S. being seased of landes, and hauing issue A. and B. A. is attainted in the life of I.S. his father, and after I.S. dieth, A. liuing vnresto­red. Nowe the lande shal not descende ei­ther to A. or B. but shal goe to the Lorde of the Fee by way of eschete. Otherwise it had ben (ye say) if A. had ben borne beyond the sea, I. S. breaking his allegeāce to the King, and after I. S. cometh agayne into the Re­alme, and hath issue B. and dieth. for now (ye say) B. shal inherite his fathers Landes.

[Page 13]Yf the Croune had bene holden of any person, to whome it might haue escheted, as in your case of I.S. the lande did: then per­aduenture there had bene some affinitie be­twene your said case, and the case of the Croune. But there is no such matter.

Bysides that, ye muste consider, that the King cometh to the Croune, not onely by descente, but also and chiefly by succession, as vnto a corporation. And therefore ye might easely haue sene a difference in your cases betwene the Kinges Maiestie, and I.S. a subiecte: And also betwene landes holden of a Lorde aboue, and the Croune holden of no earthly Lorde, but of God almighty onely.

But yet for arguments sake I would faine knowe, where you finde your differēce, and what authoritie you can shew for the prouf thereof? Ye haue made no marginal note of any authoritie: and therefore vnlesse ye also saye, that ye are Pythagoras, I will not beleue your difference. Wel I am assured, that I can shew you good authoritie to the contrarie, and that there is no difference in your cases. Pervse I praie you 22. H. 6. 22. H. 6. fol. 43. And there may you see the opinion of Iustice [Page]Newton, that there is no difference in your cases, but that in both your cases the lande shall eschete vnto the Lorde. And Prisote, being then of Coūsayle with the party that claimed the lands by a descent, wher the el­dest sonne was borne beyond the seas, durst not abide in law vpon the title. This autho­ritie is against your difference, and this au­thoritie I am wel assured is better, then any that you haue shewed to proue your diffe­rence. But if we shal admitte your difference to be according to the law: yet your cases, wherevnto you applie your difference, are nothing like, as I haue said before.

But to procede on in the proufe of our purpose, as it doth appeare, that neither the King, nor his Croune is bound by these ge­neral rules, which before I haue shewed: so do I likewise say of al the residue of the ge­neral rules and Maximes of the lawe, The suppo sed Max­ime of the Aduersa­ries tou­ching not Kinges borne be­yond the sea, as ap­peareth by King Ste­phen and King H. 2. being in a manner infinite.

But to retourne againe vnto your onely supposed Maxime, whiche you make so ge­neral, concerning the dishabilitie of persons borne beyond the seas: it is very plaine, that it was neuer taken, to extende vnto the Croune of this Realme of Englande, as it [Page 14]may appeare by King Stephen, and by King Henry the seconde, who were both straungers and Frenchemen, and borne out of the Kinges allegeance, and neither were they Kinges children immediate, nor their pa­rentes of the allegeance, and yet they haue bene alwaies accompted lawfull Kinges of England, nor their title was by any man at any time defaced or comptrolled for any such consideration or exception of foraine birth.

And it is a worlde to see, The Ad­uersaries obiection touching King H. 2. auoided. how you would shifte your handes from the said King Hen­ry. Ye say, he came not to the Croune by order of the lawe, but by capitulation, for asmuch as his mother, by whome he con­ueied his Title, was then liuing. Well, admitte that he came to the Croune by ca­pitulation, during his mothers life: yet this doth not proue, that he was dishabled to re­ceaue the Croune, but rather proueth his a­bilitie. And although I did also admit, that he had not the Croune by order of the law during his mothers life: yet after his mo­thers death, no man hath hitherto doubted, but that he was King by lawful succession, and not against the lawes and Customes of [Page]this Realme. For so might you put a doubt in al the Kinges of this Realme, that euer gouerned sithens, and driue vs to seake heires in Scotland, or els where. Whiche thing we suppose you are ouer wise to goe about.

Bysides this, I haue hard some of the ad­uersaries for farther helpe of their intention in this matter saye, that King Henry the se­cond was à Queenes childe, and so King by the rule of the commō law. Truely I know, he was an Emperesse childe, but no Queene of Englandes childe. For although Maude the Emperesse his mother had a right and a good title to the Croune, and to be Queene of England, yet was she neuer in possession, but kepte from the possession by King Ste­phen. And therefore King Henry the se­cond can not iustly be saied, to be a Queene of Englandes childe, nor yet any Kinges childe, vnlesse ye would intend the Kinges children by the wordes of Infantes de Roy &c. to be children of farther degree, and descended from the right line of the King: so ye might say truely, that he was the child of King Henry the first, being in deede the sonne and heire of Maude the Emperesse, [Page 15]daughter and heire of Kinge Henrie the first. Whereby your saide rule is here fowly foiled. As tou­ching Ar­thur King Richardes nephevve. Vt autem pax ista. & summa dile­ctio, tā mul­tiplici, quā arctiori uin culo conne­ctatur: prae­dictis curiae uestrae Ma­gnatibus id ex parte u [...] stra tractā ­tibus Do­mino dispo­nente cōdi­ximus, inter Arthurum egregiū D [...] cem Britā ­niae, nepotē nostrum & haeredem si forte sine prole obir [...] nos contig [...] rit, & filiā uestrā ma­trimonium contrahen­dum &c.

And therefore ye would faine, for the maintenance of your pretensed Maxime, catche some holde vppon Arthur the sonne of Ieffrey, one of the sonnes of the saide Henry the seconde Ye say then like a good and ioly Antyquarie, that he was reiected from the Croune, bycause he was borne out of the Realme. That he was borne out of the Realme, it is very true: but that he was reiected frō the Croune for that cause, it is very false. Neither haue you any auto­ritie to proue your vaine opinion in this pointe. For it is to be proued by the Croni­cles of this Realme, that King Richarde the first, vncle vnto the sayd Arthur, taking his iourney towarde Hierusalem, declared the said Arthur (as we haue declared before) to be heire apparent vnto the Croune: whiche would not haue ben, if he had bene taken to be vnhable to receaue the Croune by rea­son of foraine birth.

And although King Iohn did vsurpe, as­wel vpon the saide King Richard the firste his eldest brother, as also vpon the sayd Ar­thur [Page]thur his nephewe: In tractatu paci [...] inter Richa. 1. & Tancredū Regem Si ciliae. Vide Reg. Houe­den. & Ri­chardū Ca­nonicum S. Trinitatis Londin. yet that is no prouf, that he was reiected, bycause he was borne out of the Realme. Yf ye could proue that, then had you shewed some reason and president to proue your intent, whereas hytherto you haue shewed none at al, nor I am wel assu­red shal neuer be able to shewe.

Thus may ye see, gentle Reader, that nei­ther this pretensed Maxime of the lawe set forth by th'Aduersaries, nor a great nomber more, as general as this is (whiche before I haue shewed) can by any reasonable meanes be stretched, to bind the Croune of Englād. These reasons and authorities may for this time suffice, to proue, that the Croune of this Realme is not subiecte to the rules and the Principles of the common lawe, neither can be ruled and tried by the same. Whiche thing being true, al the obiectiōs of the Ad­uersaries made against the title of Marie the Queene of Scotland to the succession of the Croune of this Realme, are fully answered, and thereby clearly wiped away.

Yet for farther arguments sake, and to the ende we might haue al matters sifted to the vttermost, and therby al things made plaine: let vs for this tyme somewhat yeelde vnto [Page 16]the Aduersaries, admitting, that the Title of the Croune of this Realme were to be exa­mined and tried by the rules and principles of the cōmon law, and then let vs consider and examin farther, whether ther be any rule of the cōmon law, or els any statute, that by good and iust construction can seeme to in­pugne the said title of Marie the Queene of Scotland, or no. For touching her lineal des­cente frō King Henry the seuēth, and by his eldest daughter (as we haue shewed) there is no man so impudent to denie. What is there then to be obiected among al the rules, Ma­ximes, and iudgements of the cōmon law of this Realm? Only one rule, as a general Ma­xime, is obiected against her. And yet the same rule is so vntruely set forth, that I can not wel agree, that it is any rule or Maxime of the cōmon law of this Realm of Englād. Your pretēsed Maxime is, whosoeuer is born out of the realm of Englād, and of father and mother not being vnder the obediēce of the King of England, cannot be capable to in­herite any thing in England. A false Maxime set forth by the Aduer­sarie. Which rule is nothing true, but altogether false. For euery stranger and Alien is hable to purchace the inheritance of landes within this Realme, as [Page]it may appeare 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 Hērie the fourth. And although the same purchace is of some men accounted to be to the vse of the King: yet vntil such time as the king be intitled therevnto by matter of Record, the inheritance remaineth in the Alien by the opinion of al men. And so is a very Alien capable of inheritance within this Realme. And then it must nedes fal out very plainly, that your general Maxime, where vpon you haue talked and bragged so muche, is now become no rule of the common law of this Realme. And if it be so: then haue you vt­tered very many wordes to smal purpose.

But yet let vs see fartther, whether there be any rule or Maxime in the cōmon Law, that may seeme any thing like to that rule, wherevppon any matter may be gathered against the Title of the said Marie Queene of Scotland. There is one rule of the cō ­mon Lawe, in wordes somewhat like vnto that, whiche hath ben alleaged by the Ad­uersaries. 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 [Page 17]out of the allegeance of England, should be hable to demaund any heritage within the same allegeance, or no: it was by the same statute ordeined, that al infantes inheritours, which after that time should be borne out of the allegeance of the King, whose father and mother at the time of their birth, were of the feaith and allegeāce of the King of Eng­land, should haue and enioy the same bene­fittes and aduantages, to haue and carie he­ritage within the said allegeance, as other heires should. Whervpon it is to be gathe­red by dew and iust construction of the sta­tute, and hath bene heretofore cōmonly ta­ken, that the cōmon law alwaies was, and yet is, that no person borne out of the alle­geāce of the King of England, whose father and mother were not of the same allegeāce, should be able to haue or demaund any he­ritage within the same allegeance, as heire to any person. Which rule I take to be the same supposed Maxime, which the Aduersa­ries do meane. But to stretch it generally to al inheritances (as the Aduersaries woulde seeme to do) by any reasonable meanes can not be. For (as I haue said before) euery strāger and Alien borne, may haue and take [Page]inheritance, the statute of Edvv. 3. An. 25. to [...] cheth in [...]e ritāce, not purchase. [...] H. 4. fo. 25. as a purchaser. And if an Alien do marie a woman inheritable, the inheri­tance therby is both in the Alien, and also in his wife, and the Alien thereby a purchaser. Noman doubteth, but that a Denizon may purchase landes to his owne vse: but to inherit landes, as heire to any person within the allegeāce of England, he can not by any meanes. So that it seemeth very plaine, that the said rule bindeth also Denyzōs, and doth only extend to Descētes of inheritance, and not to the hauing of any landes by purchase.

Now wil we then consider, whether this rule by any reasonable construction can ex­tende vnto the Lady Marie the Queene of Scotland, for and cōcerning her Title to the Croune of England. It hath bene said by the Aduersaries, that she was borne in Scotland, which realm is out of the allegeāce of Eng­land, her father and mother not being of the same allegeance. And therfore by the said rule, she is not inheritable to the Croune of this Realm. Although I might at the begin­ning very wel and orderly deny the conse­quent of your argumēt: yet for this time we wil first examine the Antecedent, whether it be true or no, and then consider vpon the [Page 18]consequent. Scotland is vvithin the allegeance of Englād. That the Queene of Scotland was borne in Scotlād, it must nedes be graū ­ted, but that Scotland is out of the allegeāce of Englād, though the said Quene and al her subiects of Scotland, wil stourly affirme the same: yet ther is a great nūber of men in Eng and, both lerned and others, that be not of that opiniō, being lead and persuaded therto by diuers histories, Registers, Recordes and Instruments of Homage, remaining in the treasurie of this Realm, wherin is metioned, that the Kings of Scotland haue acknow­ledged the King of Englād to be the superi­our Lord ouer the Realme of Scotland, and haue done homage and fealtie for the same. Which thing being true (notwithstanding it be cōmonly denied by al Scotsmen) then by the lawes of this realme Scotlād must nedes be accōpted to be within the allegeance of Englād. And although sins the time of King Henry the sixt, none of the Kinges of Scot­lande haue done the said seruice vnto the Kinges of England: yet that is no reason in our lawe, to say, that therefore the Realme of Scotland at the time of the birth of the said Ladie Marie Queene of Scotlande, be­ing in the thirtie and fourth yeare of the [Page]raigne of our late Souereigne Lorde King Henrie the eight, was out of the allegeance of the kinges of England. The Lorde loseth not his seigno­rie, though the tenāte doth not his seruice For the law of this Realm is very plain, that though the Tenant do not his seruice vnto the Lorde, yet hath not the Lord thereby lost his Seignorie. For the lande still remaineth within his Fee and Seignorie, that notwithstanding.

But peraduenture some wil obiecte and say, that by that reason France should like­wise be said to be within the allegeance of England: forasmuch as the possession of the Croune of France hath bene within a litle more then the space of one hundred yeares now last past, laufully vested in the kinges of Englād, whose right and title stil remaineth.

To that obiectiō it may be answered, that there is a great difference betwene the right and title, which the Kings of Englād claime to the Realme of Fraunce, and the right and title which they claime to the Realme of Scotlande. Although it be true, that the Kinges of Englande haue bene lawfully pos­sessed of the Croune of France: yet during such time, as they by vsurpation of others are dispossessed of the saide Realme of France, the same Realme by no meanes can [Page 19]be said to be within their allegeance: espe­cially considering, how that syns the time of vsurpation, the people of France haue who­ly forsaken their allegeance and subiection, which they did owe vnto the Kings of Eng­lande, and haue geuen and submitted them selues vnder the obedience and allegeance of the vsurpers. But as for the Realme of Scotlande, it is otherwise.

For the Title, whiche the Kinges of En­gland haue claimed vnto the Realme of Scotland, is not in the possession of the lande and Croune of Scotlande: but onely vnto the seruice of homage and fealtie for the same. And although the Kinges of Scotland, sith the time of King Henry the eight, haue intermitted to doe the said homage and feal­tie vnto the Kinges of Englande: yet for al that the Kinges of Scotland can not by any reason or lawe be called vsurpers.

And thus may ye see, gentle Reader, by the opinion of al indifferente men, not lead by affection, that the Realme of Scotlande hath bene, and is yet within the allegeance and dominion of England. And so is the An­tecedent or first proposition false. And yet that maketh no proufe, that the Realme of [Page]France likewise should nowe be said to be within the allegeance of the Kings of Eng­land, by reason of the manifest and appa­rent difference before shewed.

But what if your Antecedent were true, and that we did agree both with the said Queene of Scotland and her subiectes, and also with you, that Scotland were out of the allegeance of England? Yet it is very plaine, that your consequent and conclusion can not by any meanes be true. The causes vvhy the Croune cā not be cō ­prised vvithin the pre­tended Maxime. And that princi­pally for three causes, whereof one is, for that neither the King, not the Croune (not being specially mētioned in the said rule or pretended Maxime) can be intended to be within the meaning of the same Maxime, as we haue before sufficiently proued by a great number of other suche like generall rules and Maximes of the lawes. An other cause is, for that the Croune can not be ta­ken to be within the woordes of the said supposed Maxime: and that for twoo re­spectes: one is, bycause the rule doth only dishable Aliens to demaunde any heritage within the allegeance of England. Whiche rule can not be stretched to the demaunde of the Croune of Englād, which is not with [Page 20]in the allegeance of England: but is the very allegeance it selfe. As for a like example: it is true, that al the landes within the Kinges dominion are holdē of the King, either me­diatly, or immediately: and yet it is not true, that the Croune (by whiche onely the King hath his Dominion) can be said to be holdē of the King. Without the croune there can neither be King nor allegeance For without the Croune there can be neither King, nor allegeance. And so long as the Croune resteth onely in demaund, not being vested in any person, ther is no allegeāce at al. So that the Croune can not be said by any meanes to be within the allegeance of England: and therfore not within the wordes of the said rule or Ma­ime. The Title of the Croune is also out of the wordes and meaning of the same rule in an other respect: and that is, bycanse that rule doth only dishable an Alien to demaūd landes by descent as heire. For it doth not extende vnto landes purchased by an Alien, as we haue before sufficiently proued. And then can not that rule extende vnto the Croune being a thing incorporate, the right wherof doth not descend according to the common course of priuate inheritance, but goeth by successiō, as other corporatiōs do.

[Page]No man doubteth, but that a Prior Alien being no denizon, 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 Priour be­ing an A­lien may demande lande 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 alwaies in time of peace demaund land in the right of his cor­poratiō. And so likewise a Deane or a Person being Aliens, and no deniznos, might de­maund lande, in respecte of their corpora­tions, not withstāding the said supposed rule or Maxime, as may appeare by diuerse booke cases, as also by the statute made in the time of King Richard the second. And although the Croune hath alwaies gone ac­cording to the common course of a De­scent: yet doth it not properly descende, but succede. And that is the reason of the lawe, that although the Kinge be more fa­uoured in all his doinges, then any common person shalbe: yet can not the King by lawe auoide his grauntes and Letters Patentes by reason of his Nonage, as other infantes may doe, but shal alwaies be said to be of ful age in respect of his Croune: euen as a Person, Vicare or Deane, or any other person in­corporate shalbe. Whiche can not by any meanes be said in lawe, to be within age in respect of their corporations, although the corporation be but one yeare olde.

Bysides that, the King can not by the law [Page 21]auoide the Letters Patentes made by any v­surper of the Croune (vnlesse it be by act of Parlament) no more then other persons in­corporate shal auoide the grauntes made by one that was before wrongfully in their places and romes: The King is alvvaies at ful age in respecte of his Croune. whereas in Descentes of inheritance the lawe is otherwise. For there the heire may auoide al estates made by the disseafour, or abatour, or any other person, whose estate is by lawe defeated. Whereby it doth plainely appeare, that the King is in­corporate vnto the Croune, and hath the same properly by succession, and not by De­scent onely. And that is likewise an other reason, to proue, that the King and the Croune can neither be saide to be within the wordes, nor yet with in the meaning of the said general rule or Maxime.

The third and most prncipall cause of all is, for that in the said statute, whervpon the said supposed rule or Maxime is gathered, the children descendantes and descended of the blood royal by the wordes of Infantes de Roy are expresly excepted out of the said supposed rule or Maxime. The Kings children are expres­ly excepted from the surmised Maxime. Whiche wordes the Aduersaries do much abuse, in restrainīg and construing them, to extende but to the [Page]first degree only: whereas the same wordes may very wel beare a more large and am­ple interpretation: And that for three cau­ses and considerations.

First by the Ciuil lawe this word Liberi (which the worde Infantes, being the vsuall and original worde of the statute written in the Frenche tongue, counteruaileth) doth comprehende by proper and peculier signi­fication not only the childrē of the first de­gree, [...] Liberorū ff. de uerbo rū signific. but other Descendants also in the law, saying: L. Sed & si de in ius uo cādo instit. de haere. ab intest. That he who is manumissed or made free, shal not commence any Action against the children of the Patrone or manumissour without licence, not onely the first degree, but the other also is conteined. L. Lucius ff. de baered. instit. L. Iusta. & L. N [...]torū. & L. Li­berorum de uerb. signif. L. 2. § s [...] mater ad S. C. Ter­tul. L. Filius. de S. C. Ma­ced. L. Se­natus de ritu nug [...]. The like is, when the lawe of the twelue Tables saith: The first place and roome of succession, af­ter the death of the parentes that die inte­state, is due to the children, which successiō apperteineth as wel to degrees remoued, as to the firste. Yea in al causes fauourable (as ours is) this worde son Filius, cōteineth the nephew, though not by the propertie of the voice or speache, yet by interpretation ad­mittable in al such thinges, as the law dispo­seth of. As touching this worde Infantes, in [Page 22]Frēch: We say, L quod s [...] nepotes. ff. test. cū no­tatis ibid. that it reacheth to other De­scendāts, as wel as the first degree. Wherein I do referre me to suche as be expert in the said tongue. We haue no one worde (for the barenes of our English tōgue) to coūterpaise the said French word Infantes, Infantes in Frenche coūteruai­leth this vvorde li­beri in lat. or the Latin word Liberi. Therefore doo we supply it, as wel as we may, by this worde children. The Spaniardes also vse this worde Infantes in this ample sorte, when they call the nexte heire to the heire apparēt, Infant of Spaine: euen as the late deceased Lorde Charles of Austrich was called, his father and grand­father then liuing.

Yf then the original word of the statute, declaring the said rule, may naturally and properly apperteine to al the Descendants: why should we straine and binde it to the first degree only, otherwise then the nature of the worde or reason wil beare? For I sup­pose verely, that it wilbe very harde for the Aduersarie, to geue any good and substan­tial reason, why to make a diuersitie in the cases. But touching the contrarie, there are good and probable consideratiōs, which shall serue vs for the seconde cause. As, for that the grādfathers cal their nephewes, [Page]as by a more pleasant plausible name, The grand fathers cal their ne­phues, sonnes. L. Gall [...]. § Instituēs. ff. de liber. E [...] post. l. ff. C. de impub. Al [...]is sub­stan c 1. q. 4 Father and son cōpted in person ād flesh, in maner one not on­ly their children, but their sonnes also, and for that the sonne being deceased (the grād­father suruiuing) not only the grādfathers af­fection, but also such right, title and interest, as the sonne hath by the lawe, and by pro­ximitie of blood, growe and drawe al to the nephew, who representeth and supplieth the fathers place, the father and the sonne being compted in person and in flesh in maner but as one. Why shal then the bare and naked consideration of the external and acciden­tal place of the birth only seuer and sunder suche an entier, inwarde and natural con­iunction? Adde therevnto, the many and great absurdities, that may hereof spring and ensue.

Diuerse of the Kinges of this Realme, as wel before the time of King Edwarde the third (in whose time this statute was made) as after him, Great ab­surditie, in excluding the true ād right suc­cessour, for the place of his birth only. gaue their daughters out to fo­raine, and sometimes to meane Princes in mariage. Which they would neuer so often times haue done, if they had thought, that whyle they wente about to set forth and ad­uance their issue, their doinges should haue tended to the disheriting of them from so [Page 23]great, large and noble a Realme, as this is: which might haue chanced, if the daughter hauing a sonne or daughter, had died, her fa­ther liuing. For there should this supposed Maxime haue ben a barre to the children, to succede their grandfather.

This absurditie would haue bene more notable, if it had chanced about the time of King Henry the secōd, or this king Edward or king Henry the firste and sixte, when the possessions of the Croune of this Realme were so amply enlarged in other Countries beyond the seas. And yet neuer so notable, as it might haue bene hereafter in our fresh memorie and remēbrance, if any such thing had chanced (as by possibilitie it might haue chanced) by the late mariage of King Phi­lippe and Queene Marie.

For, admitting their daughter maried to a foraine Prince, should haue dyed before them, she leauing a sonne suruiuing his fa­ther and grandmother, they hauing none o­ther issue so nigh in degree: then would this late framed Maxime haue excluded the same sonne lamētably and vnnaturally from the succession of the Croune of Englande, and also the same Croune from the inheri­tance [Page]of the Realmes of Spain, of both Sici­lies, with their appurtenāces, of the Dukedō of Milan, and other landes and Dominiōs in Lumbardy and Italie, as also from the Duke­domes of Brabant, Luxēburg, Geldres, Zut­phan, Burgundie, Friseland, from the Coun­treies of Flandres, Artois, Holland, Zealād, and Namurs, and from the new found lands, parcel of the said Kingdome of Spaine*. Which are (vnlesse I be deceued) more am­ple by dubble or treble, then al the Coun­treies now rehearsed. Al the which Coun­treies by the foresaid Mariage should haue bene by al right deuolued to the said sonne, if any such child had bene borne.

If either the same by the force of this iolye newe found Maxime had bene exclu­ded from the Croune of England, or the saide Croune from the inheritance of the foresaid Countreies: were there any reason to be yelded, for the maintenance of this supposed rule or Maxime in that case? Or might there possibly rise any commodity to the Realme, by obseruing therein this rigo­rous pretensed rule, that should by one hundred part counteruaile this importa­ble losse and spoile of the Croune, and of [Page 24]the lawful inheritour of the same? An eua­sion auoi­ded, pretē ­ding the priuilege of the Kīgs children not to be in respect of the Croune, but of o­ther lādes.

But perchance for the auoiding of this exception limited vnto the blood roial, some wil say, that the same was but a priuilege graunted to the Kinges children, not in re­spect of the succession of the Croune, but of other landes descending to them from their Auncestours. Whiche although we might very wel admit and allow: yet can it not be denied, but that the same priuilege was graūted vnto the Kinges children and other descendantes of the Blood roial, by reason of the dignity and worthines of the Croune, which the King their father did enioy, and the great reuerence, which the law geueth of dewtie therevnto. And therefore if ye would go about, to restraine and withdraw from the Croune that priuilege, whiche the lawe geueth to the Kinges children for the Crounes sake: ye should doo therein con­trarie to al reason, and against the rules of the Arte of Reasoning, which saith, that: Propter quod vnumquodque, & illud magis.

Byside that, I would faine knowe, by what reason might a man saye, that they of the Kinges Bloodde borne out of the allegeaunce of Englande, maye inherite [Page]landes within this Realme, as heires vnto their Ancestours, not being able to inherite the Croune. Truly in mine opinion it were against al reason. But on the contrarie side, the very force of reason muste driue vs to graunt the like. Yea more great and ample priuilege and benefit of the law in the suc­cession of the Croune. The royall blood bea­reth his honour vvith it, vvhere­so euer it be. For the Roial blood, where so euer it be found, wil be taken as a pretious and singuler Iewel, and wil carie with it his worthie estimation and honour with the people, and, where it is dew, his right withal.

By the Ciuil law the right of the inheri­tance of priuate persons is hemmed and in­ched within the bandes of the tenth degre. Vide Anto. Corsetum de potest. et excell. regi. q. 106. The Blood roial runneth a farther race, and so farre as it may be found: wherewith the great and mightie Conquerors are glad and faine to ioine withal, Cōquerors glad to ioinevvith the ioyall blood. Henry the first. euer fearing the weak­nes of their blooddie sworde, in respect of the greate force and strength of the same. For this cause was Henrie the firste, called for his learning and wisedome Beauclerke, glad to consociate and couple him self with the auncient Roial blood of the Saxons, which cōtinuing in the Princely Successiō [Page 25]from worthie king Alured was cutte of by the death of the good king Edward: and by the mariyng of Mathildis being in the fourth degree in lineal descent to the said king Ed­ward, was reuiued and revnited. From this Edward the Queene of Scotlād (as we haue before shewed) taketh her noble auncieht Petigrue. These then, and diuers other rea­sons and causes mo, may be alleaged for the waying and setting foorth of the true mea­ning and intent of the said law.

Now in case these two causes and cōside­rations wil not satisfie th Aduersarie: we wil adioine therevnto a third, which he shal ne­uer by any good and honest shift auoid. And that is the vse and practise of the Realme, as wel in the time foregoing the said statute, as afterward.

We stand vpon the interpretation of the cōmon law recited and declared by the said statute. And how shal we better vnderstand, L. [...]. ff. de legious. what the law is therein, then by the vse and practise of the said lawe? Common­vse and p [...] ­ctise the best inter­pretation of the lavv Eod [...] anno Rex cū in diebus suis processisset Aeldredā Vigornen sem Episco pum ad Regem Hunga riae trans mittens, reuocauit in­de filium fratris sui Edmundi Eduardum cū tota fa milia sua. ut uel ipse, uel filij eius sibi succederēt in regnum. Flor. histor 1057. For the best inter­pretation of the lawe, is custome. But the Realme before the statute, admitted to the Croune not only kings children and others of the first degre, but also of a farther degre, [Page]and such as were plainely borne out of the Kings allegeance. The soresaid vse and pra­ctise appeareth as wel before, as sithens the time of the Conquest. Among other King Edward the Confessour, being destitute of a lawful Heire within the Realme, sent into Hūgary for Edward his Nephew surnamed Outlaw, son to King Edmūd called Irōside, after many yeres of his exile, to returne into Englād, to th'intent the said Outlaw should inherite this Realme, whiche neuerthelesse came not to effect, by reason the said outlaw died before the said king Edward his Vncle.

After whose death the said king apointed Eadgar Etheling sonne of the said Outlaw, being his next cosen and heire, as he was of right to the Croune of Englād. And for that the said Eadgar was but of yong and tender yeares, Flor histo. [...]066. Aelredus Regioual lens. de reg Anglorum ad Regem Henr. 2. and not able to take vpō him so great a gouernement: the said king cōmitted the protection, as wel of the yong Prince, as also of the Realm, to Harold Earle of Kent, vntil suche time, as the said Eadgar had obteined perfit age to be hable to weld the state of a King, Which Harold neuerthelesse cōtrary to the trust, supplanted the said yong Prince of the Kingdome, and put the Croune vpon his own head.

[Page 26]By this it is apparent, that foraine birth was not accōpted of, before the time of the Cōquest, a iust cause to repel and reiect any man, being of the next proximitie in blood, frō the Title of the Croune. And though the said king Edward the Cōfessors wil and pur­pose toke no such force and effect, as he de­sired, and the law craued: yet the like succes­sion toke place effectuously in king Stephen and king Hēry the secōd, King Ste­phen, and King H. [...]. as we haue already declared. Neither wil th'Aduersaries shift of foramers borne of father and mother, which be not of the kings alegeāce, help him: foras­much as this clause of the said statut is not to be applied to the kings childrē, but to others, as appeareth in the same statute. And these two kings, Stephē and Henrie the 2. as they were borne in a forain place: The aduer saries fond imagina­tion, that King H. 2. should come to the croune by compo­sition: not by pro­ximitie of blood. so their fathers and mothers wer not of the kings allegeāce, but mere Aliens and strāgers. And how no­torious a vaine thing is it, that th'Aduersarie would perswade vs, that the said K. Henrie the secōd rather came in by force of a cōpo­sition, then by the proximitie and nearenes of blood: I leaue it to euery man to cōsider, that hath any maner of feling in the discours of the stories of this realm. The cōpositiō did [Page]procure him quietnes 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, recognouit in conuentu Episcoporū & aliorum de regno Optimatum quod Dux Hēr ius hae reditariū in regnū An­gliae habe­bat. and so it followed in deede: but ther grew to him nomore right therby, then was due to him before. For he was the true heir to the Croune, as appeareth by Stephen his Aduersaries owne confession. Henry the firste maried his daughter Mathildis to Henry the Emperour, by whome he had no childrē. And no dout in case she had had any children by th'Emperour, they should haue ben heires by succession to the Croune of England. Et Dux be­nigne con­cessit, ut Rex Stepha nus tota uita sua suū regnū paci­fice posside­ret. Ita ta­men confir­matum est pactū, quod ipse Rex, & ipsttūe praesentes cum caeteris regni opti­matibus iu­rarēt, quod Dux Henr. post mortē Regu, si il­lum super­uiueret, re­gnum sine aliqua con­tradictione obtincret. Flor. histo. An 1153. The like fond ima­gination touching King Ri­chardes nephevv. After whose death she retourned to her father: yet did King Henry cause all the Nobilitie by an expresse othe, to em­brace her after his death as Queene, and af­ter her, her children.

Not long after, she was maried to Ieffrey Plantagenet a Frenchman borne, Earle of Aniowe, who begat of her this Henry the second, being in France. Whervpon the said King did reuiue and renue the like othe of allegeāce, aswel to her, as to her sonne after her. With the like false persuasiō the Aduer­uersarie abuseth him selfe and his Reader, touching Arthur Duke of Britanie, Ne­phew [Page 27]to King Richard the first. As though forsooth he were iustly excluded by Kinge Iohn his vncle, by cause he was a forainer borne. If he had said, that he was excluded, by reason the vncle ought to be preferred before the Nephewe, though it should haue ben a false allegation, and plaine against the rules of the lawes of this Realme: (as may wel appeare among other thinges by King Richard the second, who succeded his grād­father king Edward the third, which Richard had diuerse worthie and noble vncles, who neither for lacke of knowledge coulde be ignorant of the right, Diuersitie of opiniōs touching the vncle ād nephue vvhether of them ought to be pre­ferred in the royall gouerne­ment. neither for lacke of frendes, courage and power, be enforced to forbeare to chalenge their title and interest) yet should he haue had some countenance of reason and probabilitie, bicause many ar­guments and the authoritie of many learned and notable Ciuilians doo concurre for the vncles right, before the Nephewe.

But to make the place of the natiuitie of an inheritour to a kingdom, a sufficiēt barre against the right of his blood, it seemeth to haue but a weake and slender holde and grounde. And in our case it is a most vnsure and false ground, seeing it is moste true, that [Page]King Richard the first (as we haue said) de­clared the said Arthur, borne in Britanie, and not son of a King, but his brother Geffreys sonne Duke of Britanie, heire apparent, his vncle Iohn yet liuing. And for such a one is he taken in al our stories. And for such a one did all the worlde take him, after the said King Richard his death, neither was King Iohn taken for other, then for an vsurper by excluding him, and afterward for a murthe­rer for imprisoning him, and priuily making him away. The pos­sions of the Croune of Englad that vvere beyondthe seas, sealed into the Frenche kings hāds for the murther of Arthur. For the which facte the French King seased vpon al the goodly Coūtries in France belonging to the King of England, as forfeited to him being the chiefe Lorde. By this outragious deede of King Iohn, we lost Normandie withall, and our possibilitie to the inheritance of all Britanie, the right and Title to the said Britanie being dewe to the said Arthur and his heires by the right of his mother Constance. And though the said king Iohn by the practise and ambition of Quene Elenour his mother, and by the spe­cial procurement of Huberte then Arche­bishop of Caunterburie, and of some other factious persons in Englād, preuēted the said Arthur his nephew (as it was easy for him to [Page 28]do) hauing gotten into his handes al his bro­ther Richardes treasure, by sides many other rentes then in England: and the said Arthur being an infante, and remaining beyond the sea in the custody of the said Constance: yet of this fact, being against al Iustice, aswel the said Archbishop, as also many of th'other did after most earnestly repent, considering the cruel and the vniust putting to death of the said Arthur procured, and (after some Au­thours) committed by the said Iohn himself. Polid. 15. flor histor. An. 120 [...]. Which most foul ād shamful act the said Iohn neded not to haue committed, if by foraine birth the said Arthur had bē barred to inherit the Croune of England. And much lesse to haue imprisoned that most innocent Ladie Elenor, sister to the said Arthur, in Bristow Castle, wher she miserably ended her life: if that gay Maxime would haue serued, to haue excluded these two childrē, bicause thei wer strāgers, borne in the partes beyond the seas. Yea, it appeareth in other doings also of the said time, and by the storie of the said Iohn, that the birth out of the legeāce of England, by father ād mother foram, was not takē for a sufficiēt repulse and reiectiō to the right and title of the Croune. For the Barōs of Englād, [Page]being then at dissension with the said King Iohn, and renoūcing their allegeance to him, receaued Lewis the eldest sonne of Philip the Frēch king, to be their King, in the right of Blanch his wife, whiche was a stranger borne, albe it the lawful Neece of the said Richard, and daughter to Alphonse king of Ca [...]til, begotten on the bodie of Elenour his wife, one of the daughters of king Henrie the second, and sister to the said king Ri­chard and king Iohn. Which storie I alleage only to this purpose, Levvis the French Kings son claimed the Croune of this Re­alme in the Title of his vvise Pro heredi­tate uxoris meae, scili­cet neptis Regis loā. us (que) ad mortem [...] ne­cessitas ex­igeret, de­certabo. Flor histo. Anno 1216. thereby to gather the opinion of the time, that foraine birth was then thought no barre in the Title of the Croune. For otherwise, how could Lewis of Frāce pretēd title to the Croune in the right of the said Bblach his wife borne in Spaine?

These examples are sufficient, I suppose, to satisfie and content any man (that is not obstinatly wedded to his own fond fantasies and froward friuolous imaginatiōs, or other­wise worse depraued) for a good sure and substantial interpretation of the cōmon law. And it were not altogether from the pur­pose, here to consider and weigh, with what and how greuous plagues this Realme hath bene oft afflicted and scourged, by reason of [Page 29]wrongful and vsurped titles. Haroldus, muneribu [...] & genere fretꝰ, regni diadema innasit. H. Hunte hist. Angli lib. 5 Cut regnū iure heredi­tario debe­batur Pal­redus Rhie ual in histo. R. Angliae ad H. 2. Cui de iure debebatur regnum An glorum Io. Lond. in Chron. An­gliae. Eadem uer­ba sunt in Math West mon. in flor. hist. a. 1066 What calamities sell to this Re­alm by the vsurping of King Harolde, King Ste­phen, and Iohn. I wil not re­uiue by odious rehearsal the greatenes and number of the same plagues, as wel other­wise, as especially by the contention of the noble houses and families of York and Lan­caster: seeing it is so fortunately, and almost within mans remēbrance extinct and buried.

I wil now put the gentle Reader in re­membrance of those only, with whose vsur­ping Titles we are nowe presently in hand. And to begyn with the most aunciēt: what became, I pray you, of Harold, that by bri­berie and helpe of his kinred, vsurped the Croune against the foresaid yong Eadgar, who (as I haue said, and as the old monumēts of our Historiographers do plainly testifie) was the true and lawful Heire? Could he, thinke you enioy his ambitious and naughty vsurping one whole entier yere? No surely. ere the first yeare of his vsurped reigne tur­ned about, he was spoiled and turned out both of Croune, and his life withal. Yea his vsurpation occasioned the conquest of the whole realme by Williā Duke of Normādie bastard sonne to Robert the sixt Duke of the same. And may we thinke al safe and sound now from like danger, if we should tread the [Page]said wrong steppes with Harolde, Rex Eduar dus misit &c. ut uel ipse Eduar. uel filius e ius sibi suc­cederent &c. Rich. Cicest. uid. Wil. Mal­mest. de reg. Angl. E. 2. c. 45. lib. 3. c. 5. forsaking the right and high way of law and iustice?

What shal I now speake of the cruel ci­uil warres betwene King Stephen and King Henry the second, whiche warres rose, by reason of the said Henry was vniustly kept frō the Croune dew to his mother Maude, and to him afterwardes. The pitiful reigne of the said Iohn who doth not lament, with the lamentable losse of Normandie, Aqui­taine, and the possibilitie of the Dukedome of Britanie, and with the losse of our other goodly possessions in France, whereof the Croune of England was robbed and spoiled by the vnlawful vsurping of him against his nephew Arthur. Wel let vs leaue these gre­uouse and lothsome remembrances, and let vs yet seeke, if we may finde any later inter­pretation, either of the said statute, or rather of the cōmon law for our purpose. And lo, the great goodnes and prouidence of God, who hath (if the foresaid exāples would not serue) prouided a later, but so good, so sure, so apt and mete interpretatiō for our cause, as any reasonable hart may desire. The inter­pretatiō directly toucheth our case, which I meane by the mariage of the Lady Margaret [Page 30]eldest daughter to King Hēry the vij. vnto Iames the fourth Kīg of Scotlād, and by the opiniō of the said most prudēt Prince in be­stowing his said daughter into Scotlād: a ma ter sufficient inough, to ouerthrow al those cauilling inuētiōs of the aduersarie. For what time King Iames the fourth sent his ambassa­dour to king Hēry the seuēth to obteine his good wil, to espouse the said Lady Margaret, Polid. 26. there were of his Counsaile not ignorant of the lawes and Customes of the Realme, King. H. 7 vvith his Counsaile is a good interpretor of our pre­sent cause. that did not wel like vpon the said Mariage, saying, it might so fal out, that the right and Title of the Croune might be deuolued to the Lady Margaret and her childrē, and the Realm therby might be subiect to Scotlād. To the whiche the prudent and wise King answered, that in case any such deuolution should happen, it would be nothing preiudi­cial to England. For England, as the chief, and principal, and worthiest part of the Ile, should drawe Scotland to it, as it did Nor­mandie from the time of the Conqueste. Which answere was wonderfully wel liked of al the Counsaile. And so consequ [...]tly the mariage toke effect, as appereth by Polydor the Historiographer of this Realm, and such [Page]a one, as wrote the Actes of the time by the instruction of the King him selfe.

I say then, the worthy wise Salomon fore­seeing, that such deuolution might happen, was an interpretour with his prudente and sage Counsaile for our cause. For els, they neaded not to reason of any such subiection to Scotlande, if the children of the Ladie Margaret might not lawfully inherite the Croune of England. For, as to her husband we could not be subiect, hauing him selfe no right by this mariage to the Title of the Croune of this Realme. Wherevpon I may wel inferre, that the said newe Maxime of these men (whereby they would rule and ouer rule the succession of Princes) was not knowen to the said wise King, neither to any of his Counsaile: Or if it were, yet was it ta­ken not to reache to his blood royall borne in Scotlande. And so on euery side the Title of Quene Marie is assured. So that now by this that we haue said, it may easely be seen, by what light and slender consideration the Aduersarie hath gone about to strayne the wordes Infantes or children to the first de­gree only. Of the like weight is his other cōsideration, imaginīg and surmising, this sta­tute [Page 31]to be made, bicause the King had so ma­ny occasiōs to be so oft ouer the sea with his spouse the Queene. As though diuers Kings before him vsed not often to passe ouer the seas. As though this were a personal statute made of special purpose, and not to be takē as a declaratiō of the cōmon 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 repaire to outward Countries: The ma­riages of King E. 3. sonnes. as Iohn of Gaunt, Duke of Lancaster, that maried Peters the King of Castiles eldest daughter, by whose right he claimed the Croune of Castile: as his brother Edmūd Erle of Cambridge, that maried the yongest daughter: as Lionell Duke of Claraunce, that maried at Milaine Violāt daughter and heir to Galeatius Duke of Milan: But especially Prince Edwarde, whiche moste victoriously toke in battaile Iohn the French King, and brought him into England his prisoner, to the great triumphe and reioysing of the Realme, whose eldest sonne Edward that died in short time after, was borne beyond the seas in Gascome, and his other sonne Richard, that succeded his grandfather, was borne at Burdeaux, as these [Page]noble King Edwardes sonnes maried with forainers: so did they geue out their daugh­ters in mariage to foraine Princes, as the Duke of Lancaster, his daughter Philippe to the king of Portingale, and his daughter Ca­therin to the King of Spaine, and his Neece Iohan, daughter to his sonne Earle of Somer­set, was ioyned in mariage to the King of Scottes: Iohan, daughter to his brother Thomas of Wodstocke Duke of Gloucester was Queene of Spaine, and his other daugh­ter Marie, Duchesse of Britannie.

Now by this mans interpretation, none of the issue of al these noble Women could haue enioyed the Croune of England, when it had fallen to them (though they had bene of the neerest roial blood) after the death of their Auncestours. Which surely had bene against the auncient presidentes and exam­ples that we haue declared, and against the common Lawe (the whiche muste not be thought by this Statute any thing taken a­way, but only declared) and against al good reason also. For as we would haue thought this Realme greatly iniured, if it had ben de­frauded of Spaine or any of the foresaid coū ­treies, being deuolued to the same by the [Page 32]foresaid Mariages, as we thincke our self at this day iniured, for the withholding of France: so the issue of the foresaide noble womē might and would haue thought them hardly and iniuriously handled, yf any such case had happened. Neither suche friuo­lous interpretation and gloses, as this man nowe frameth, and maketh vppon the sta­tute, woulde then haue serued, nor nowe wil serue.

But of all other his friuolous and folish ghessing vpon the clause of the statute for Infantes de Roy, A fond imagina­tion of the Aduersarie of the sta­tute of 25. E. 3. there is one most fond of al. For he would make vs beleue, such is the mans skil, that this statute touching Infantes de Roy was made for the great doubte more in them, then in other personnes, touching their inheritance to their Auncestours. For being then a Maxime (saieth he) in the lawe, that none could inherite to his Auncestours being not of father and mother vnder the obedience of the King: seing the King him selfe could not be vnder obedience: it plainely seemed, that the Kinges children were of farre worse condition, then others, and quite excluded. And therefore he saith, that this statute was not to geue them any [Page]other priuilege, but to make them equall with other. And that therefore this statute, touching the Kinges children, is rather in the superficial parte of the worde, then in effecte.

Nowe among other thinges he saieth (as we haue shewed before) that this word In­fantes de Roy in this statute mentioned, must be taken for the children of the first degree, whiche he seemeth to proue by a note taken out of M. There vvas no doubt made of the Kinges children borne be­yonde the seas. Rastal. But to this we answer, that this mā swetely dreamed, when he imagined this fonde and fantasticall exposition: And that he shewed him selfe a very infante in law and reason. For this was no Maxime, or at lest not so certaine, before the making of this statute, whiche geueth no new right to the Kinges children, nor answereth any doubt touching them, and their inheritance: but saith, that the law of the Croune of En­gland is, and alwaies hath bene, which lawe, saith the King, say the Lordes, say the Com­mons, we allowe and affirme for euer, that the Kinges children shalbe hable to inherite the Landes of their Auncesters, where [...]o­euer they be borne.

Al the doubt was for other persons, as [Page 33]appeareth euidētly by the tenour of the sta­tute, whether by the cōmon law they being borne out of the allegeance, were heritable to their Auncestours. And it appeareth, that th' Aduersary is driuē to the hard wal, when he is faine to catch hold vpon a selie poore marginal note of M. Rastal, of the Kinges childrē, and not of the Kings childrens chil­dren. Which yet nothing at al serueth his purpose touching this statute. But he, or the Printer, or who so euer he be, as he draweth out of the text many other notes of the mat­ter therin cōprised: so vpō these Frēch wor­des, Les enfants de Roy, he noteth in the Mar­gēt, The Kings childrē: but how far that word reacheth, he saieth neither more, nor lesse.

Neither it is any thing preiudicial to the said Queenes right or Title, whether the said wordes Infants, ought to be takē strictly for the first degree, or farther enlarged. For if this statute toucheth only the succession of the Kings children to their Auncestours for other inheritāce, and not for the Cround, as most men take it, and as it may be (as we haue said) very wel takē and allowed: then doth this supposed Maxime of forain borne, that seemeth to be gathered out of this sta­tute, [Page]nothing anoy or hinder the Queene of Scotlandes Title to the Croune, as not ther­to apperteining. On the other side, if by the inheritance of the kings childrē, the Croune also is meant: yet neither may we enforce the rule of foraine borne vpō the kings chil­dren, which are by the [...]presse wordes of the statute excepted, neither enforce the word In [...]s to the first degree only, for such rea­sons, presidents, and examples, and other prouffes largely by vs before set forth to the cōtrarie: seing that the right of the Croune falling vpō them, they may wel be called the kings Childrē, or at the lest the childrē of the Croune. Ther is also one other cause, why though this statute reach to the Croune, This sta­tute tou­cheth not the Q. of Scotlād, as one not borne be­yond the seas. and may, and ought to be expoūded of the same: the said Queene is out of the reach and cō ­passe of the said statute. For the said statute can not be vnderstanded of any persons borne in Scotlande or Wales, but onely of persons borne beyond the sea, out of the al­legeance of the King of England: that is to wrtte, France, Flandres, and such like. For England, Scotland and Wales be al within one Territorie, and not diuided by any sea. And al old Recordes of the law, concerning [Page 34]seruice to be done in those two Countries, haue these words Infra quatuor Maria, within the fower seas, which must nedes be vnder­stād, in Scotlād and Wales, aswel as in Englād b [...]cause they be al within one continent cō ­passed with fower seas. And likewise be ma­ny auncient statutes of this Realm writrē in the Normā Frēch, which haue these wordes deins les quatre mers, that is, within the fower seas. Now cōcerning the statute the title of the same is, of those that are born beyond the sea, the doubt moued in the corps of the said statut, is also of childrē born beyond the sea out of the allegeance with diuers other brā ­ches of the statute tēding that way. Vide statu­ta Walliae in magna Charta. Walesvvas vnder the allegeance of Englād before it vvas vni­ted to the Croune. Wherby it seemeth, that no part of the statute tou­cheth these that are born in Wales or Scot, lād. And albe it at this time, and before in tho reigne of Edward the first, Wales was fully reduced, annexed and vnited to the prop [...] Dothinion of England: yet was it before subrected to the Croune and King of Eng­land as to the Lorde and S [...]igniour, aswel as Scotland Wherefore if this statute had [...] made before the time of the said Edwarde the [...], it seemeth, that it could not haue bene stretched, to Wales, no more then [Page]it can now to Scotland. I doe not therefore a litle meruaile, that euer this man for pure shame could finde in his harte, so childishly to wrangle vpon this word Infantes, and so openly to detorte, depraue, and corrupt the common lawe, and the Actes of Parlament.

And thus may you see, gentle Reader, that nothing can be gathered, either out of the said supposed general rule or Maxime, or of any other rule or Principle of the lawe, that by any good and reasonable constru­ction can seeme to impugne the title of the said Ladie Marie now Queene of Scotland, of, and to the Croune of this Realme of England, as is aforesaid.

We are therefore now last of al to consi­der, whether there be any statute or Acte of Parlament that doth seeme, either to take away, or preiud [...]ce the title of the said Lady Marie. And bycause touching the foresaid mentioned statute of the 25. yeare of King Edward the thirde, being only a declaration of the common law, we haue already suffi­ciently answered: we wil passe it ouer, and consider vppon the statute of 28. and 36. of King Henry the eight, being the only shote­anker of al the Aduersaries, whether there [Page 35]be any matter therein conteined, or depen­ding vpon the same, that can by any meanes destroie or hurt the title of the said Ladie Marie Queene of Scotland to the successiō of the Croune of England.

It doth appeare by the said statute of 28. The sta­tutes of King H. 8. touching the succes­sion of the Croune. of King Henry the eight, that there was au­thoritie geuen him by the same, to declare, limite, appoint, and assigne the succession of the Croune by his Letters Patentes, or by his last Wil signed with his owne hande. It appeareth also by the foresaid statute made 35. of the said King, that it was by the same enacted, that the Croune of this Realme should go and be to the said King, and to the heires of his body lawfully begotten, that is to say, vnto his Highnes first son of his body betwene him and the Ladie Iane then his wife, begotten, and for default of such issue, then vnto the Lady Marie his daughter, and to the heires of her body lawfully begotten, and for default of such issue, then vnto the Ladie Elizabeth his daughter, and to the heires of her body laufully begotten, and for default of such issue, vnto suche person or persons in remainder or reuersion, as should please the said King Henry the eight, and [Page]according to such estate, and after such mā ­ner, order and conditiō, as should be expres­sed, declared, named and limited in his Let­ters Patentes, or by his last Wil in writing, signed with his owne hande.

By vertue of whiche said Acte of Parla­ment the Aduersaries doo alleage, that the said late King Henry the eight afterward by his last Wil in writing signed with his owne hand, did ordeine and appoint, that if it happen, the said Prince Edward, Ladie Marie, and Lady Elizabeth to dye without issue of their bodies lawfully begotten: then the Croune of this Realme of Englande, should goe and remaine vnto the heires of the bodie of the Ladie Francis his Neece, and th'eldest daughter of the F [...]ēch Quene. And for the defaulte of suche issue, to the heires of the body of the Ladie Elenour his Neece, seconde daughter to the Frenche Queene, lawfully begotten. And if it hap­pened, the said Ladie Elenor to dye with­out issue of her body lawfully begotten, to remaine and come to the nexte rightfull heires. Wherevpon the Aduersaries do in­ferre, that the successiō of the Croune ought to go to the childrē of the said Ladie Frācis, [Page 36]and to their heyres, according to the said supposed Wil of our late Souereigne Lorde King Henry the eight: and not vnto the Ladie Marie Queene of Scotlande that nowe is.

To this it is, An ansvves to the fore said statute on the befalf of the said Lady Marie Queene of Scotland among other things answered, that King Henry the eight neuer signed the pretēsed Wil with his own hand: and that therfore the said Wil can not be any whit preiudicial to the said Queene. Against which answere for the defence and vpholding of the saide Will, it is replied by the Aduersaries, The effect of the Ad­uersaries arguments for the ex­clusion of the Quene of Scot­land by a pretensed vvil of King H. 8 first that there were di­uers copies of his Wil found signed with his owne hande, or at the leastwise enterli­ned, and some for the most part writen with his owne hande: out of the whiche it is likely, that the original Wil, commonly cal­led King Henry the eightes Will, was ta­ken and fayer drawen out. Then, that there be great and vehement presumptions, that for the fatherly loue that he bare to the cō ­mon wealth, and for the auoiding of the vn­certeintie of the successiō, he welliked vpō and accepted the authoritie geuen him by Parlament, and signed with his owne hande [Page]the said original Wil, whiche had the said limitation and assignation of the Croune.

And these presumptions are the more enforced, for that he had no cause, why he should beare any affection either to the said Queene of Scotland, or to the Lady Leneux and hauing withal no cause to be greaued or offended with his sisters the Frenche Queenes children, but to put the matter quite out of al ambiguitie and doubte, it ap­peareth (they say) that there were eleuen witnesses purposely called by the king, who were presente at the signing of the said Wil, and subscribed their names to the same. Yea the chief Lordes of the Coūsaile were made and appointed executours of the said Wil, and they and other had great Legacies ge­uen them in the said Wil which were paid, and other thinges comprised in the Wil, ac­complished accordingly.

There passed also purchases, and Letters Patentes betwene King Edwarde, and the executors of the said Wil, and others for the execution and performance of the same. Fi­nally the said Testament was recorded in the Chancerie. Wherfore they affirme, tha [...] there ought no manner of doubt moue any [Page 37]man to the cōtrarie, and that either we must graunt this Wil to be signed with his hand, or that he made no Wil at al: both must be graunted, or both denied. If any wil deny it, in case he be one of the witnesses, he shal im­pugne his owne testimonie: if he be one of the executours, he shal ouerthrow the foun­datiō of al his doinges, in procuring the said Wil to be inrolled, and set forth vnder the great Seale. And so by their dubblenes they shal make them selues no mete witnesses.

Nowe a man can not lightly imagine, how any other, bysides these two kind of witnesses (for some of them, and of the exe­cutors, were such, as were cōtinually way­ting vpon the Kinges person) may impugne this Wil, and proue, that the king did not signe the same. But if any such impugne the Wil, it would be cōsidered, how many they are, and what they are: and it wilbe very harde to proue negatiuam facti. But it is eui­dente, say they, that there was neuer any such lawful proufe against the said Wil pro­ducted. For if it had ben, it would haue ben published in the Starrechamber, preached at Poules Crosse, declared by Acte of Parla­ment, proclaimed in euery quarter of the [Page]Realme. Yea, admitting, say they, that it were proued, that the said pretensed Wil lacked the Kinges hande: yet neuerthe­lesse (say they) the very copies we haue spo­ken of, being written and signed, or at least interlined with his owne hande, may be saide a sufficient signing with his owne hande.

For seing the scope and final purpose of the statute was, to haue the succession pro­uided for and ascerteined, whiche is suffi­ciently done in the said Wil: and seing his owne hande was required but onely for eschewing euil and sinister dealing, where­of there is no suspicion in this Will to be gathered: what matter in the worlde, or what difference is there, when the King fulfilled and accomplisihed this gratiouse Acte, that was loked for at his handes, whe­ther he signed the Will with his owne hande, or no?

If it be obiected, that the King was ob­liged and bound to a certaine precise order and forme, which he could in no wise shift, but that the Acte without it muste perish, and be of no valewe: then, say they, wee vndoe whole Parlamentes, aswel in Queene [Page 38]Maries time, as in King Henry the eightes time. In Queene Maries time, bycause she omitted the Style appointed by Parla­mente, An. H. 8.35. An. H. 8.33. & 21. Anno [...] octaui [...]rice simo quin­to: In King Henries tyme, by reason there was a statute, that the Kinges royal assent may be geuen to an Acte of Parlamente by his Letters Patentes signed with his hande, though he be not there personally. And yet did the saied King supplie full ofte his confente by the stampe only. This yet not­withstanding, the said Parlamentes for the omission of these formes so exactely and precisely appointed, are not destroyed and disannulled.

After this sorte in effecte haue the Ad­uersaries replied for the defence of the said pretensed Will. An ansvvet by the vvay of reioin­de [...] to the same. To this we wil make our reioynder, and saye: Firste, that our prin­cipall matter is, not to ioyne an islewe, whether the saide Kinge made and ordey­ned any sufficient Will, or no. We leaue that to an other time. But, whether he made any Testament, in suche order and forme, as the statute requireth. Where­fore if it be defectiue in the said forme, as we affirme it to be, were it otherwise ne­uer [Page]so good and perfect, though it were ex­emplified by the great Seale, and recorded in Chancerie, and taken commonly for his W [...]ll, and so accomplished: it is nothing to the principal question. It resteth then for vs to consider the weight of the Aduersaries presumptions whereby they would inforce a probabilitie that the Testament had the foresaide requisite forme. Yet first, it is to be cōsidered, what presumptions, and of what force and number, do occurre to auoide and frustrate the Aduersaries presumptions, and all other like.

We say then, Diuers presumptions and reasons agaīst this supposed vvil. there occurre many likely­hoddes, many presumptions, many great and weightie reasons, to make vs to thinke, that as the king neuer had good and iuste cause, to minde and enterprise suche an Acte, as is pretended: so likewise he did enterprise no such Acte in deede. I deny not, but that the [...] was such authoritie geuen him, neither I de­ [...]y, but that he might also in some honorable sort haue practised the same, to the honour and wealth of the Realme, and to the good cōtentation of the same Realm. But that he had either cause, or did exercise the said au­thoritie in suche strange and dishonorable [Page 39]sort, as is pretended: I plainely denie. For being at the time of this pretensed Wil fur­nished and adorned with issue, the late king Edward, and the Ladies Marie, and Eli­zabeth, their state and succession being al­so lately by Acte of Parlament established: what neede or likelyhod was there, for the king then to practise such newe deuises, as neuer did, I suppose, any king in this Realme before, and fewe in any other byside? And where they were practised, commonly had infortunate and lamentable successe.

What likelyhode was there, for him to practise such deuises, especially in his later daies (when wisdome, the loue of God, and his Realme should haue bene moste ripe in him) that were likely to sturre vppe a grea­ter fier of greeuouse contention and woful destruction in England, then euer did the deadly factiō of the red Rose and the white; lately by the incorporation and vnion of the house of Yorke and Lancaster, in the person of his father through the mariage of Ladie Elizabeth eldest daughter of king Edwarde the fourth, most happily extinguished and buried? And though it might be thought or said, that there would be no such eause of [Page]feare, by reason the matter passed by Parla­ment: yet could not he be ignorant, that neither Parlamentes made for Henry the fourth, or continuance of twoo Descentes (whiche toke no place in geuing any Title touching the Croune) in King Henry the sixt: nor Parlamentes made for King R [...] ­chard the third, nor Parlaments of attainder made against his father, could either preiu­dice his fathers right, or releaue other a­gainst such, as pretended iust right and title.

And as he could not be ignorāt therof: so it is not to be thought, that he would abuse the great confidence put vppon him by the Parlament, and disherite without any appa­rent cause the next royal blood, and thinke all thinges sure by the colour of Parlament. The litle force whereof against the right in­heritour, he had (to his fathers and his owne so ample benefit) so lately and so largely sene and felt. And yet if he minded at any time, to preiudice the said Lady Marie Queend of Scotland, of al times he would not haue done it then, when al his care was, by al pos­sible meanes to contriue and compasse a ma­riage, betwene his sonne Edward, and the said Lady and Quene. Surely he was to wise [Page 40]of him selfe, and was furnished with to wise Coūsailours, to take such an homely way, to procure and purchase the said mariage by.

And least of all can we say he attempted that dishonorable disherision for any special inclination or fauour he bare to the French Queene his sisters children. For there haue bene of his neere and priuie Counfaile, that haue reported, that the King neuer had a­ny great liking of the mariage of his sister with the Duke of Suffolke, who maried her first priuily in France, and afterward openly in England. And as it is said, had his par­don for the said priuy mariage in writing. Howe so euer this matter goeth, certeine it is, that if this pretensed Wil be true, he transferreed and trāsposed the reuersion of the Croune, not only from the Queene of Scotlād, from my Ladie Leneux and their issue, but euen from my Ladie Francis, and my Ladie Elenour also, daughters to the Frenche Queene, whiche is a ching in a manner incredible, and therefore nothing likely.

I must now, gentle Reader, put thee in remēbrance of two other most pregnāt and notable coniectures and presumptions. For [Page]among al other incōueniences, and absurdi­ties, that do, and may accōpanie this rash and vnaduised acte by this pretēsed Wil incon­siderately mainteined: it is principally to be noted, that this Acte geueth apparēt and iust occasion of perpetual disherison of the Style and Title of Frāce incorporated and vnited to the Croune of this Realme. The supposed vvil is preiudicial to the Croune of Englande, for the claime of the croune of France. For whereby do or haue the Frenchmen hitherto exclu­ded the Kings of this Realme, claiming the Croune of France by the Title of Edward the third, falling vpon him by the right of his mother, other then by a politike and ci­uil law of their owne, that barreth the fe­male from the right of the Croune? And what doth this pretēsed Act of king Henrie, but iustifie and strengthen their quarel, and ouerthoweth the foundatiō and bulworke, wherby we mainteme our foresaid Title and claime? If we may by our municipal law exclude the said Queene of Scotland, being called to the Croune by the Title of general heritage: then is their municipal law like­wise good and effectual, and cōsequently we [...] and haue made al this while an vniust and wrongful claime to the Croune of France.

But now to go somewhat farther in the [Page 40]matter, or rather to come neerer home, and to the quicke of the matter, we say: as there was some apparent and good cause, why the king should the twentie and eight yeare of his reigne thinke vpon some limitation and appointement of the Croune (king Edward as yet vnborne) so after he was borne, and that the Title and interest of the reuersion of the Croune after him was the thirtie and fifte yeare by Parlament confirmed to the late Queene Marie and her sister Elizabeth: it is not to be thought, that he would after­ward ieoparde so great a matter by a Testa­ment and Wil, which may easely be altered and counterfeyted. And least of al make such assignation of the Croune, as is nowe pretended.

For being a Prince of such wisdome and experience, he could not be ignorant, that this was the next and rediest way, to put the state at least of both his daughters to great peril and vtter disherison. This supposed vvil geueth occa­sion of ambitious aspiring. For the Kinges exāple and boldnes in interrupting and cut­ting away so many branches of the neerest side and line, might sone breede in aspiring and ambitious hartes a bolde and wicked at­tempte, the way being so farre brought in [Page]and prepared to their handes by the King him selfe, and their natures so readie and prone to follow euil presidents, and to clime high by some colourable meanes or other, to spoile and depriue the said daughters of their right of the Croune, that should descend and fal vpon them, and to conuey the same to the heires of the said Ladie Francis. And did not, I pray you, this drift and deuise fal out euen so, tending to the vtter exclusiō of the late Queene Marie, and her Sister Elizabeth: if God had not of his mercy, most gratiously and wonderfully repressed and ouerthrowē the same?

These reasons then and presumptions may seme wel able and sufficient, to beare doune, to breake doune and ouerthrow the weake and slender presumptions of th'Aduersaries, grounded vpon vncertaine and mere surmi­ses, ghesses and coniectures: as among other that the King was offended with the Quene of Scotland, and with the Ladie Leneux. Which is not true. And as for the Ladie Le­neux, it hath no manner of probabilitie: as it hath not in dede in the said Queene. And if it had, yet it is as probable and much more probable, that the King would haue especi­ally [Page 41]at that time (for such cause, as we haue declared) suppressed the same displeasure. Graunting now, that there were some such displeasure: was it honorable, either for the King, or the Realm, or was it, thinke ye, euer thought by the Parlament, that the King should disherite them for euery light displea­sure? And if (as the Aduersaries confesse) the king had no cause to be offended with the Frēch Quenes childrē: why did he disherite the Ladie Frācis, and the Ladie Elenor also?

Their other presumption, whiche they ground vpō the auoyding of the vncertenty of the succession, by reason of his Wil, is of smal force, and rather turneth against them. For it is so farre of, that by this meanes the succession is made more certaine and sure: that contrarywise it is subiecte to more vncerteintie, and to lesse suertie, then be­fore. Succession to the Croune more vn­certē bi the supposed vvil, then before. For whereas before the right and claime to the Croune hong vppon an ordi­narie and certaine course of the common lawe, vpon the certaine and assured right of the royall and vnspotted blood, yea vppon the very lawe of nature (whereby many inconueniences, manie troubles, daungers and seditions are in al Countries politikely [Page]auoided: so now depending vpon the statute onely, it is as easie by an other statute to be intringed and ouerthrowen. And depen­ding vppon a Testament, is subiect to many corruptions, sinister dealinges, cauillations, yea and iust ouerthrowes, by the dishabili­tie of the Testatours witnesses or the Lega­torie himselfe, or for lacke of dewe order to be obserued, or by the death of the Wit­nesses vnexamined, and for many other like considerations. The Monumentes of al an­tiquitie, Much for­gene and counter­feyting of Testamets the memorie of al ages, and of our owne age, and dayly experience can tel and shewe vs many lamentable examples of ma­ny a good and lawful Testament by vndue and craftie meanes, by false and suborned witnesses, by the couetous bearing and main tenance of such as be in authoritie, quite vn­done and ouerthrowne. 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 inuitati, authoritatibus suis texerunt. This presumption then of the Aduersaries rather maketh for vs, and ministreth to vs good occasion, to thinke, that the King would not hasard the weight and importāce [Page 42]of such a matter, to reste vpon the validitie or mualiditie of a bare Testament only.

By this that we haue said we may proba­bly gather, that the King had no cause to ad­uenture so great an interprise by a bare Wil and se [...]tament. Ye shal now heare also, why we think he did neuer attempt or enterprise any such thing. It is wel knowen, the King was not wonte lightly to ouerslippe the oc­casion of any great commoditie presently offered. And yet this notwithstanding, ha­uing geuen to him by Acte of Parlament the ordering and disposition of al Chantries and Colleges, he did neuer or very litle pra­ctise and execute this authoritie. And shall we thinke, vnlesse ful and sufficient prouse necessarily enforce creditte, that the King, to his no present cōmoditie and aduantage, but yet to his great dishonour, and to the great obloquie of his subiectes and other Countries, to the notable disherison of so many the next royal blood, did vse any such authoritie, as is surmised?

Againe, if he had made any such assigna­tion: who doubteth, but that as he condi­tioned in the said pretensed Wil with his noble daughters, to marie with his Coūsels [Page]aduise, In this sup­posed vvil is no con­dition for the ma­riage of the heires of the L. Francis, as is for the, Kinges ovvne daughters. either els not to enioy the benefitte of the succession: he would haue tyed the said Ladie Francis and Ladie Elenours heirs to the same condition.

Farthermore, I am driuen to thinke, that ther passed no such limitatiō by the said king Henries wil, by reason there is not, nor was these many yeares any original copy therof, nor any authētical Record in the Chācerie, or els wher to be shewed in al Englād, as the Aduersaries thēselues confesse, and in the copies that be spread abrode, the witnesses pre­tēded to be present at the signing of the said Wil, be such for the meanesse of their state on the one side, and for the greatnesse and weight of the cause on th'other side, as seme not the most sufficient for suche a case.

The importance of the cause, being no lesse then the disherision of so many heires of the Croune (as wel from the one sister, as frō the other) required and craued some one or o­ther of the priuie Coūsaile, or some one ho­norable and notable person to haue ben pre­sent at the said signing, or that some notifica­tiō should haue ben made afterward to such persons by the King him selfe, or at least be­fore some Notarie and authētical person for [Page 43]the better strengthening of the said Wil.

Here is now farther to be cōsidered, that seing the interest to the Croune is become a plaine testamentarie matter and claime, and dependeth vpon a last Wil: when, and before what Ordinarie this Wil was exhibited, al lowed and prooued? Where, and of whome toke the Executours their othe for the true performāce of the Wil? No order taken for the pro­bate of the supposed vvil. Who cōmitted to thē th'administratiō of the Kings goods and chattles? When, and to whome haue they brought in the Inuētory of the same? Who examined the witnesses vpon their othe, for the tenour and trueth of the said Testamēt? Namely vpon the signement of the Kinges hand, wherein only consisteth the weight of no lesse, then of the Croune it self: where, or in what spiritual or temporal Courte may one find their depositions? But it were a ve­ry hard thing, to finde that, that (as farre as men can learne) neuer was.

And yet if the matter were so plaine, so good and so sound, as these men beare vs in hand, if the original Testamēt had ben such, as might haue biddē the touchstone, the trial the light and the sight of the worlde: why did not they, that enioyed most commoditie [Page]therby (and, for the sway and authorite they bare, might and ought best to haue done it) take cōuenient and sure order, that th'origi­nal might hane ben duely and safely preser­ued, or at the least the ordinarie Probate, which is in euery poore mans Testament di­ligētly obserued, might haue ben procured or sene, one or other autētical Instrumēt therof reserued? The Aduersaries thēselues see wel inough, yea and are faine to cōfesse these de­fectes. But to helpe this mischief, they wold fame haue the Enrolmēt in the Chancerie to be taken for a sufficient Probate, The enrol­lement in the chance rie is not a probate. by cause (as they say) both the spiritual and temporal au­thoritie did concurre in the Kings person.

Yet do they know wel inough, that this plaister wil not cure the sore, and that this is but a poore helpe and a shift. For neither the Letters Patents, nor th'Enrolmēt may in any wise be counted a sufficient Probate. The Chācerie is not the Court or ordinarie place for the probate of Willes, nor the Rolles for recording the same. Both must be done in the Spiritual Courts, where th'Executours also must be impleaded, and geue their accompt, where the weakenes or strength of the Wil must be tried, the witnesses examined, finally [Page 44]the probate, and al other thinges thereto re­quisite, dispatched. Or if it may be done by any other person: yet must his authoritie be shewed. The probate and al thinges must be done accordingly. And among other things the vsual clause of Saluo iure cuiuscun (que), must not be omitted. Which things, I am assured, the recording in the Chācerie cānot import.

But this caution and prouiso of Saluo iure cuiuscunque (which is most cōformable to al law and reason) did litle serue some mens turne. And therefore there was one other caution and prouiso: that though the poorest mans Testamēt in al England hath this pro­uiso at the probate of the same: yet for this Testament, the weightiest, I trow, that euer was made in England no suche probate or clause can be found, either in the one, or the other Court. Yet we nedes must, al this not­withstanding, be borne in hande, and borne doune, that there was a Testamēt and Wil, formably framed, according to the purpose and effect of the statute, yet must the right of th'imperial Croune of Englād be cōueied and caried away with the color and shadow only of a Wil. I say, the shadow only, by rea­son of another coniecture and presumptiō, [Page]whiche I shal tel you of. Whiche is so liuely and effectual, that I verily suppose, it wil be very harde for any man, by any good and probable reason, to answere and auoide the same. And is so important and vehemēt, that this only might seeme, vtterly to destroie al the Aduersaries coniectural prouffes, cōcer­ning the maintenance of this supposed Wil.

We say therfore and affirme, that in case there had ben any good and sure helpe and handfast, to take and hold the Croune for the heirs of Lady Francis by the said Wil: that the faction, that vniustly intruded the Lady Iane, eldest daughter to the said Lady Frācis to the possession of the Croune, would ne­uer haue omitted to take, receaue and im­brace the occasiō and benefit therof to them presently offered. They neither would, nor could haue ben driuen, to so harde and bare a shifte, as to colour their vsurpation against the Late Queene Marie only, and her Sister Elizabeth, with the Letters Patents of King Edward the sixt, and with the cōsent of such as they had procured. A great presump­tion a­gainst the supposed vvil, for that the late pre­tensed Q. Iane did not vse the benefit of the same a­gainst the Q. of Scotland and o­thers. Which King by law had no autoritie (as it is notorious) to make any limitatiō and assignation of the Croune otherwise then the commō law doth dispose [Page 45]it. It was neede for them, I say, as they pro­cured suche Letters Patentes, so to haue set forth also the said pretensed Wil, if ther had ben then any such Wil in deede sufficiently and dewly to be proued, as is now surmised there was. The Recorde of the said surmised Wil was in the Chācerie, which they might haue vsed with the pretensed witnesses, and with the original pretēsed Wil, and with al other things therto belōging to their best ad­uantage. It can not be thought, that either they were ignorāt of it, or that they would forbeare and forgoe so greate a commoditie offered, and such a plausible pretext of their pretēsed vsurpatiō, bearing the contenance and authoritie of the Kings Wil, and of the whole Parlament, for the exclusion of the Quene of Scotland and others of the nerer royal blood. Neither can it be said, that the Letters Patentes were made, as it were for a strōger corroboratiō and cōfirmatiō only of the said pretensed Wil: See the proclama­tion made the x. of Iulie the first yeare of her pretensed reigne. for that there is not so much as one worde in their whole pretē ­sed proclamation for the supposed right of the said Lady Iane, by the force of that sur­mised Wil: whereby it might any thing ap­peare, that king Henry the eight made any [Page]manner of limitation or assignation of the Croune to the heires of the Lady Francis. Wherevpon it may wel be gathered, that ei­ther they knew of no suche limitation to the children of the Lady Francis by the said supposed Wil, or toke it to be such, as could geue no good and lawful force and strēgth, to ayde and mainteine their vsurpation for the manifest forgerie of the same. And ther­fore they purposely (for, ignorance can not be pretended in them) kepte backe and sup­pressed in the said Letters Patentes this pre­tensed limitation surmised to be made for the childrē of the said Lady Francis. Which neuerthelesse the Aduersaries do now with so great and vehement asseueration blowe into al mens cares. which is vtterly reiected and ouerthrowē, and it were by nothing els but by this Proclamation for the pretensed Title of the said Lady Iane. So that we nede to trauaile no farther for any more proufe against the said asseueration.

But yet in ease any man do loke for any other, and more persuasiō and proufe, which as I said, neede not: ô the great prouidēce of God, ô his great fauour and goodnes to this Realme, of the which it hath bene said: Re­gnum [Page 46]Angliae, est regnum Det, Polid. lib. 8. and that God hath euer had a special care of it: ô his great goodnes, I say, to this Realme euen in this cafe also. For he hath opened and brought to light the very truth of the matter, which is burst out, though neuer so craftily sup­pressed and kept vnder. We say then, that the King neuer signed the pretensed Will with his owne hande, neither do we say it by bare hearsay, or gather it by our former coniectures and presumptions only, though very effectual and probable, but by good and hable witnesses, that auouche and iusti­fie of their owne certaine knowledge, that the Stampe onely was put to the said Will, and that euen when the King him selfe was now dead, or dying and past al remēbrance.

The Lorde Paget being one of the priuie Counsaile with Queene Marie, of his owne freewil and godly motion, for the honour of the Realme, The forge­tie of this [...] [...] dis­close [...] be­fore the Parlament by the L. Paget. for reuerence of truth and iustice, though in the facte him selfe culpa­ble, and in a manner thereto by great au­thoritie forced, did first of al men disclose the matter, first to the said Counsaile, and then before the whole Parlament. Sir Ed­ward Moūtegue also the chief Iustice, that [Page]was priuie and present at the saide doinges, did confesse the same, as wel before the Counsaile, as before the Parlamēt. Yea, Wil­liam Clarke, ascribed among other pretēsed witnesses, cōfessed the premisses to be true. And that him self put the stampe to the said Wil, and afterward purchased his Charter of pardon for the said fact.

Vpon the which depositions wel and ad­uisedly weied and pondered, Queene Marie with the aduise of her Counsaile, to the ho­nour of God, and this Realm, to the mainte­nance of trueth and iustice, and the rightful succession of the Croune, for the eschewing of many foule mischieffes, that might vpon this forgerie ensue, caused the Recorde of the said forged Wil remaining in the Chan­cerie, A vvorthy deede for à Prince to cancell false Re­cordes. to be be cancelled, defaced and abo­lished, as not worthy to remaine among the true and sincere Recordes of this noble Re­alme. Which her noble fact deserueth īmor­talitie of eternal prayse and fame, no lesse, then the fact of the Romaines that abolished the name and memorie of the Tarquinians, for the foule act of Sextus Tarquinius in de­filing Lucretia: Cicero. 3. offic. No lesse, then the fact of the Ephesians, who made a lawe, that the name [Page 47]of the wicked Herostratus should neuer be recorded in the bookes of any their Histo­riographers: No lesse then the fact of the fa­milie of the Manlians at Rome, taking a so­lēne othe, that none amōg them should euer be called Capitolinus, Sueton. de uiris illu­strib. by cause M. Manlius Ca­pitolinus had sought to oppresse his Coūtrey with tyrānie. And to come nerer home, no lesse then our forefathers deserued, whiche quite rased out of the yeares and times the memorie and name of the wicked Apostates Osricus and Eanfridus, Bed. lib. 3. histor. Ec­clesiast. c. 1. numbring their time vnder the reigne of the good king Oswald.

The Aduersaries therefore are much to be blamed, going about to staine and blotte the memorie of the said Quene and Magistrats, as though they had done this thing disor­derly, and as though there had bene some special commoditie therein to them: which is apparently false. For as the said abolition was nothing beneficial to other Magistrats: so if it hadde bene a true and an vndoub­ted Will, the said Queene woulde neuer haue caused it to be cancelled, as wel for her honour and conscience sake, as for pri­uate respect, seeing her owne royall estate was by the same set foorth and confirmed. [Page]Yet would they faine blemish and disgrace the testimonie of the said Lorde Paget, and S. Edward Moūtigue. They set against them eleuen witnesses, thinking to matche and o­uermatche them with the number.

But here it muste be remembred, that though they be eleuē, yet they are to slēder and weake for the weight and importance of the matter. It is againe to be remembred, that often times the lawe doth as wel weigh the credit, as number the persons of the wit­nesses. L. tefliū. 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 bene heard or sene, that men of suche state and vocation in so great and weightie a cause would incurre first the displeasure of God, then of their Prince, and of some other of the best sorte, if their depositions were vntrue, and would purchase them selues dishonour, slaunder [Page 48]and infamie: yea disclose their owne shame to their owne no manner of way hoped cō ­moditie, nor to the commoditie of other their frendes, or discommoditie and hurte of their enemies. This sufficiently doth purge them (I wil not say, No iust [...]a [...]se to repel [...]he testimo­nie of the L. Paget and o­thers. of their fact and fault) from al sinister suspicion for this their deposition and testimonie, their deposition proceding, as it plainly seemeth, from no af­fection, corruption or partialitie, but from a zeale to the trueth, and to the honour of the Realme. And though perchance, if they had bene thereof iudicially conuicted and con­demned, and had not by dew penance them­selues reformed, some exceptiōs might haue bene layed against them by any partie iu­dicially cōuented for his better aduantage: yet as the case standeth nowe, there is no cause in the worlde, L. Fam [...] ff. ad [...] maies l. mu­liere ff de accusat. to discredit their testi­monie: yea and by the way of accusation al­so such persons, as be otherwise dishabled, are in treason and other publike matters, touching the state, enhabled both to accuse, and testifie.

As for the eleuen witnesses, the beste of of them Sir Iohn Gates, we know, by what meanes he is departed out of this life. One [Page]other, the said William Clarke is so gone from them, that he geueth good cause, to misdeeme and mistrust the whole matter. Howe many of the residue liue, I know not. To whom perchaunce some thing might be said, if we once knowe, what them selues say. Which seeing it doth not by authenti­cal recorde appeare, bare names of dumme witnesses can in no wise hinder and deface so solemne a testimonie of the foresaid L. Paget and Sir Edwarde Mountague. Nei­ther is the difficultie so great, as the Ad­uersaries pretend, in prouing Negatiuam fa­cti. Hovv a ne­gatiue may be proued. Which as we graunt it to be true, when it standeth within the limites of a mere ne­gatiue: so being restrained and referred to time and place, may be as wel proued, as the affirmatiue. Gloss. & Doct. c. bo na de elect It appeareth now then by the premisses, that the Aduersaries argumentes, whereby they would weaken and discredit the testimonie, either of the witnesses, or of the executours, that haue or may come in against the said pretensed Wil, are but of smal force and strength. And especially their slender exaggeration by a superficial Rhe­torike enforced. Whereby they would ab­vse the ignorance of the people, and make [Page 49]them beleue, that there was no good and substantial prouffe brought foorth against the forgerie of this supposed Wil, by cause the vntrueth of the same was not preached at Poules Crosse, and declared in al open places and assembles through the Realme: when they knowe wel inough, that there was no necessitie so to doe. And that it was notoriously knowen, by reason it was disclosed by the saide Lorde Paget, as wel to the Counsaile, as to the higher and lower house of the Parlament. And the foresaid forged Recorde in the Chancerie there­vpon worthely defaced, and abolished. The disclosing whereof seing it came foorth by such, and in such sort and order, as we haue specified: as it doth nothing deface or ble­mish the testimonie geuen against the said supposed Wil, Hovv and vvhen the later testi­monie is to be acce­pted be­fore the former. whether it were of any of the witnesses, or executours: so is ther no nede at al, why any other witnesses, bysides those that haue already impugned the same, should be now farther producted.

I denie not, but that if any such witnesse or Exeoutour had vpon his othe before a lawful Iudge, deposed of his owne certaine notice and knoweledge, that the said Wil [Page]was signed with the Kinges owne hande: in case he should afterward contrarie and re­uoke this his solemne deposition, it ought not lightly to be discredited for any suche contradiction afterward happening. But, as I haue said, suche authentical and ordinarie examinations and depositions we find not, nor yet heare of any such so passed. Now contrariwise if any of the said witnesses or executours haue or shal before a competēt Iudge, especially not producted of any par­tie, or against any partie for any priuate suite commenced, but, as I haue said, moued of conscience only, and of a zeale to truth, and to the honour of God and the Realme, free­ly and voluntarie discouer and detecte such forgerie (although perchance it toucheth them selues for some thing done or said of them to the contrary, or being called by the said cōpetent Iudge, haue or shal declare and testifie any thing against the same) this later testimonie may be wel credited by good reason and law.

Whereas they would nowe inferre, that either this pretenfed Will was King Hen­ries Wil, or that he made none at al: I doo not (as I haue said) entende, nor neede not [Page 50]curiously to examine and discusse this thing as a mater not apperteining to our principal purpose. And wel it may be, that he made a Wil conteining the whole tenour of this pretensed Wil (sauing for the limitation of the Croune) and that these supposed wit­nesses were present, either when he subscri­bed the same with his owne hand, or when by his cōmaundment the Stampe (of which and of his owne hand, the common sort of men make no difference, as in dede in diuers other cases there is no difference, whiche these witnesses might take to be as it were his owne hand) was set to the Wil.

This, I say, might after some sort so be. And yet this notwithstāding there might be (as there was in deede) an other Wil tou­ching the pretēsed limitation of the Croune by the Kinges owne hande counterfeyted and suborned after his death falsly and cou­lorably, bearing the coūtenance of his owne hand, and of the pretensed witnesses names. How so euer it be, it is but to smal purpose, to goe about any full and exquisite answere touching this point, seeing that neither the original surmised Wil, whereof these wit­nesses are supposed to be priuy, is extant, nor [Page]their depositions any where appeare, nor yet that it appeareth, that euer they were (as we haue said) iudicially examined.

Seeing nowe then, that if it so falleth out, that the principal Wil, and that that was by the great Seale exemplified, and in the Chā ­cery recorded, had not (at least touching the clause of limitation and assignment of the Croune) the Kings hand to it: we neede not nor wil not tarie about certain scrolles and copies of the said Wil, that the Aduersaries pretend to haue ben either writte, or signed with his hand. A kingdom is to heauy to be so easely caried away by suche scrolles and copies. When al this faileth, the Aduersaries haue yet one shift left for the last cast. They vrge the equitie of the matter and the mind of the Parlament. Which is, they say, accom­plished and satisfied, by making this assigna­tion for the establishing of the succession, and prouiding, that the Realme should not be left void of a Gouernour. And therefore we must not subuert the statute, in cauilling for the defect of the Kings hand: forasmuch as the Parlament might haue had authorised his consent only, without any hand writing. Which as I doe not denie, so in these great [Page 51]affaires and so ample a commission, in suche absolute authoritie geuen to him, it was pro­uidently and necessarily foresene, to binde the Acte to the Kings owne hand, for auoy­ding al sinister and euil dealing, the whiche the Aduersaries would haue vs in no case to misdoubt or mistrust in this Wil. Where­as the notoriousnes of the fact, and the lamē ­table euent of things do openly declare the same, and pitifully crieth out against it.

Neither wil we graunt to them, that the minde and purpose of the Parlament is satis­fied, for such causes, as we haue and shall hereafter more largely declare. And if it were otherwise true, yet doth this only de­fect of the Kinges hand breake and infringe the whole Acte. Why the stampe cā not coun­teruaile the Kings hand in this case. For this is a statute corre­ctorie, and derogatorie to the common course of the Lawe, as cutting away the successiō of the lawful and true inheritours. It is also, as appeareth by the tenour of the same, a most greuouse penal Law, and ther­fore we may not shift or alter the wordes of the law. Neither may we supply the mā ­ner and doing of the Acte prescribed, by any other Acte equiualent. So that albe it in some other thing the Stampe or the Kinges [Page]certaine and knowen consente may coun­terpaise his hande: yet, as the case standeth here, it wil not serue the turne, by reason there is a precise order and forme prescri­bed and appointed. Wherfore if by a statute of a Citie, Ioan Andr. in adit. spe cul tit. de requisit. consul. ad finem. there be certaine persons appoin­ted to do a certaine acte, and the whole peo­ple do the same acte in the presence of the the said persons: the acte by the iudgement of learned Ciuilians is vitious, and of no va­lewe: L. Sifundus ff. de rebus corum [...]c de rebus Ecelesiae in 6. yea though the reason of the lawe cease, yet must the forme be obserued. For it is a rule and a Maxime, that wher the law appointeth and prescribeth a certaine plat forme, whereby the Acte must be bound and tyed: in that case though the reason of the law ceasse, yet is the acte voyd and naught.

And whereas the Aduersaries obiecte a­gainst this rule, An an­svvere to the aduersaries, touchinge Actes of Parlament alleaged to proue, that the Kinges ovvne hād vvas not necessarie to the sup­posed vvil. the Parlamentes made by Queene Marie, without the vsual style cal­led and somoned: this obiection may sone be answered. For it may sone appeare to all them, that reade and pervse the said statute of Anno 35. Henrici octaui, conteining the said style, that by any especial wordes ther­in mentioned, it is not there limited and ap­pointed, that the forme of the style therin [Page 52]sette foorth should be obserued in euery Writ. And therfore not to be cōpared vnto the said statutes of 28. and 35. Henrici octaui, wherein by special wordes one expresse forme and order for the limiting of the suc­cession of the Croune by the King, is de­clared and set forth.

Bysides that the said Writtes being made both according to the auncient forme of the Regester, and also by expresse commaunde­ment of the Prince, vtterly refusing the said style, could neither be derogatorie to the said Queenes Maiestie and her Croune, nor meaning of the said statute. Cōcerning the said style, and for a final and sul answere vn­to this matter: it is to be noted, that the Writts being th'Actes of the Court, though they wante the prescript fourme set foorth either by the common lawe, or statute: yet are not they, nor the iudgements subsequēt thervpon abated or voide, but only abatable and voidable by exception of the partie by iudgemente of the Courte. 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 partie without any exception doo admitte the forme of the said Writte, and pleade vnto the matter, whervpon the Court doth pro­cede: then doth the Writte, and the iudge­ment [Page]therevpon following remaine good and effectual in lawe. And therefore admit­ting, that the said statute of 35. H. 8. had by special wordes appointed the said style to be put in euery Writte, and that for that cause the said Writtes of Somons were vitious, wanting their prescript forme: yet when the parties vnto the said Writtes had admitted them for good, both by their electiō, and also by their appearence vpon the same: the law doth admit the said Writtes and al actes sub­sequent vpon the same, to be good and effe­ctual. And yet this maketh no prouffe, that therfore the said supposed Wil, wanting the prescript order and fourme, should likewise be good and effectual in law.

For as touching specialties, estates and cōueiances, or any other external acte to be done or made by any person, whose forme and order is prescribed, either by the cōmon law, or by statute: if they want any part of their prescript forme, they are accōpted in law to be of no validitie or effect. As for ex­ample: the law doth appoint euery Special­tie or Deede 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 Deede be made in the first person, [Page 53]and the residue in the thirde person: that Dede is not effectual, but void in the Law. Bysides that, the law hath appointed, that in euery Deede mention should be made, 40. E. 3. fol. 35.21. E. 4. fol. 97.7. H. 7. fol. 15. that the partie hath putto his Seale to the same. If therefore any Deede doth want that spe­cial clause and mention, although the partie in deede hath put his Seale vnto the same: yet is that Dede or Specialtie void in law.

So likewise the law geueth authoritie to the Lorde, to distraine vpon the land holden of him for his rentes and seruices dewe for the same. And farther doth appoint, to carie or driue the same distresse vnto the pound, there to remaine as a gage in law for his said rents and seruices. 9. E. 4. fo. 2. 22. E. 4. fo. 47. 29. H. 6. fol. 6.29. lib. Assis. P. 64. If the Lord shal either di­straine his Tenāt out of his Fee or Seignory, or if he shal labour and occupie the Chatles distrained: the distresse so takē 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. geueth authoritie vnto Tenant in taile, and to others being seased of land in the right of their wiues or Churches, to make leases of the same. Wherin also a prescript order and forme for the same is set foorth. If any of [Page]the said persons shal make any Lease, wherin he doth not obserue the same prescribed or­der in all pointes, the same Lease is not war­ranted in any point by the said statute.

Likewise the statute made in Anno 27. Henrici octau [...], 27. H. 8. c. 10. of Bargaines and sales of land appointeth a forme and order for the same, that they must be by writing, indēted, sealed and enrolled within six monethes next after the dates of the same writings. If any bar­gaine and sale of land be made, wherein any of the thinges appointed by the said statute are omitted, the same is vitious and voide in the lawe. 32. H. 3. c. 1. So likewise the statute made in Anno 32. H. 8. geueth auctoritie, to dispose landes and Testamentes by last Wil and Te­stament in writing. If a man do demise his lande by his last Wil and Testament nuncu­patiue without writing, this demise is insuf­cient in law, and not warranted by the said statute.

We leaue of a number of like cases, that we might multiplie in the prouffe of this matter: wherein we haue taried the longer, by cause th' Aduersaries make so great a coū ­tenance therevpon: and bycause al vnder one, it may serue for the answere also tou­ching [Page 54]the Kinges royal assente to be geuen to Parlamentes by his Letters Patentes si­gned with his hande, which is nothing else but a declaration and affirmāce of the com­mon lawe, and no newe authoritie geuen to him, to do that he could not doo before, or any forme prescribed to bind him vnto. By­sides that, in this case there is no feare in the worlde of forging and counterfeyting the Kinges hande: whereas in the Testamenta­rie cause it is farre otherwise, as the worlde knoweth, and dayly experience teacheth. And so withal do we conclude, that by rea­son this surmised Wil was not signed with the Kinges hand: it can not any way hurt or hinder the iuste right and claime of the Quene of Scotland, to the succession of the Croune of England.

Now supposing, that neither the L. Pa­get, nor Sir Edward Montague, and Williā Clarke had testified or published any thing to the infringing annd ouerthrowing of the Aduersaries assertiō, touching the signing of the said Wil: yet is not therby the Queene of Scotlandes title altogether hindred. For she yet hath her iust and lawfull defence for the oppugning of the said assertion, as well [Page]against the persons and saying of the wit­nesses, if any shal come foorth, as otherwise shee may iustly require the said Wil to be brought forth to light, and especially the signing of the same with the Kings hand, to be duely and consideratly pondered, we yed and conferred. She hath her iust defence and exceptions, and must haue. And it were against al lawes, and the lawe of na­ture it selfe, to spoile her of the same. And all good reason geueth, that the said ori­ginal Wil standing vppon the triall of the Kinges hande, be exhibited, that it may be compared with his other certaine and wel knowen hand writing. And that other things may be done requisite in this behalfe.

But yet all this notwithstanding, let vs nowe imagine and suppose, that the King him selfe, whose harte and hande were doubtelesse farre from any suche doinges: lette vs yet, I say, admitte, that he had si­gned the said Will with his owne hande. Yet for al that, the Aduersaries perchance shal not finde, no not in this case, that the Queenes iuste Title, right and interest doth any thing fayle or quayle. Or rather lette vs without any perchance say, the iustice [Page 55]and equitie of her cause, The supposed vvil cā not preiu­dice the Q of Scot lād, though it had ben signed vvith the Kinges ovvne hād and the inuincible force of trueth to be such, that neither the Stampe, nor the Kinges owne hande can beare and beate it downe. Which thing we we speake not without good probable and weightie reasons.

Neither do we at this time minde, to de­bate and discourse, what power and autori­tie, and how farre the Parlament hath it, in this and like cases. Which perchance some other would here do. We wil only interme­dle with other thinges, that reache not so farre, nor so high, and seeme in this our pre­sent question worthy and necessarie to be considered.

And first, before we enter into other mat­ters, we aske this reasonable and necessarie questiō, whether these general words, wher­by this large and ample autoritie is cōueied to king Henry, must be as generally, and as amply taken, or be restrained by some māner of limitation and restrictiō agreable to such mind and purpose of the Parlament, as must of very necessitie or great likelihod be con­strued, to be the very mind and purpose of the said Parlamēt. Ye wil say perchance, that the power and autoritie of assignatiō must be [Page]taken generally and absolutely, without ex­ception, sauing for the outward signing of the Will. Trueth it is, there is nothing els expressed: but yet was there some thing els principally intended, and yet for al that, nee­ded not to be specified.

The outward maner was so specially and precisely appointed and specified, to auoyde suspitious dealing, Ther must needes be some qua­lification and restrait of the ge­neral vvordes of the statute. to auoide corruption and forgery. And yet was the Wil good and ef­fectual, without the Kinges hande. Yea and the assignatiō to, had ben good, had not that restrainte of the Kinges hande bene added by the Parlament. But for the qualification of the person to be limited and assigned, and so for the necessarie restriction and limita­tion of the wordes, were they neuer so large and ample: there is (though nothing were spoken thereof) an ordinary helpe and re­medie. Otherwise, if the Realme had ben set ouer to a furious or a madde man, or to an idiote, Matthae us Paristensis in Iohan. or to some foraine and Mahometical Prince (and to such a one our stories testifie that King Iohn would haue submitted him selfe and his Realme) or to any other noto­rious incapable or vnhable person: the gene­ralitie of the wordes seeme to beare it, but [Page 56]the good minde and purpose of the Parla­ment, and mans reason doe in no wise beare it. If ye graunt, that these wordes must nedes haue some good and honest constructiō and interpretation, as reason doth force you to graunt it: yet wil I aske farther, whether as the King cutte of in this pretensed Wil the whole noble race of the eldest sister, and the first issue of the yongest sister: so if he had cutte of also al the ofspringes as wel of the said yongest sister, as of the remnante of the royal blood, and placed some, being not of the said blood, and perchance otherwise vn­able: this assignatiō had bene good and vail­able in law, as conformable to reason, and to the mind and purpose of the Parlament? It were surely to great an absurdity, to graūt it.

There must be therefore in this matter some reasonable moderation and interpreta­tiō, as wel touching the persons cōprehēded within this assignation, and their qualities, and for the persons also hauing right, and yet excluded, as for the manner of the doing of the Acte, and signing the Wil. For the king as King, could not dispose the Croune by his Wil: and was in this behalfe but an Arbiter and Commissioner. Wherefore his doinges [Page] [...] [Page 56] [...] [Page]must be directed and ruled by the lawe, and according to the good minde and meaning of those, that gaue the authoritie. And what their minde was, it wil appeare well inough, euen in the statute it selfe. It was for the auoiding of all ambiguities, doub­tes and diuisions, touching the Succession. They putte theyr whole truste vppon the King, as one, whom they thought most ear­nestly to minde the wealth of the Realme, as one that woulde, and could best and most prudently consider and weigh the mat­ter of the Succession, and prouide for the same accordingly.

If the doinges of the King do not plaine­ly and euidently tende to this ende and scope, if a zealous minde to the common Wealth, if prudence and wisdome did not rule and measure al these doinges, but con­trariewise partial affection and displeasure, if this arbitrement putteth not away al con­tentions and striffes, if the mind and purpose of the honorable Parlament be not satisfied, if there be dishonorable deuises and assign­mentes of the Croune in this Wil and Te­stament, if there be a new Succession vnna­turally deuised, finally if this be not a Testa­ment [Page 57]and last Wil, L. 1. ff. qu [...] Testamenta facere. The defi­nition of a Testamēt. such as Modestinus de­fineth: Testamentum est tusta voluntatus nostra sententia de eo, quod quis post mortem suam fie­ti velit: then though the Kinges hand were put to it, the matter goeth not altogether so wel and so smothe. But that there is good and great cause farther to consider and de­bate vpon it, whether it be so, or no: let the indifferent, when they haue wel thought vpon it, iudge accordingly.

The Aduersaries them selues can not al­together denie, but that this Testament is not correspondent to such expectation, as men worthely should haue of it. Whiche thing they do plainly confesse. For in vrging their presumptions, whereof we haue spokē, and minding to proue, that this wil, whiche they say is commonly called King Henries Wil, was no new Wil deuised in his sicknes, but euen the very same, wherof (as they say) were diuers olde copies: they inferre these wordes, saying thus:

For if it be a newe Wil then deuised, who could thinke, that either him selfe would, or any man durst haue moued him, to put therin so ma­ny thinges contrary to his honour? Much lesse durst they themselues deuise any new successiō, [Page]or moue him to alter it, otherwise then they foūd it, when they saw, that naturally it could not be otherwise disposed. Wherein they say very truely. For it is certaine, that not only the common lawe of this Realme, but nature it selfe telleth vs, that the Queene of Scotlād (after the said Kinges children) is the next and rightful Heire of the Croune. Where­fore the King, if he had excluded her, he had done an vnnatural acte. Ye wil say, he had some cause to doo this, by reason she was a forainer, and borne out of the Realm. Yet this notwithstanding he did very vn­naturally, yea vnaduisedly, inconsiderat­ly and wrongfully, and to the great preiu­dice and danger of his owne Title to the Croune of France, as we haue already de­clared.

And moreouer it is wel to be weighed, that reason, and equitie, and Iu [...] Gē [...]ium doth require and craue, that as the Kings of this Realme would thinke them selues to be in­iuriously handled and openly wronged, if they mariyng with the heires of Spaine, Scotland or any other Countrey (where the succession of the Croune deuolueth to the woman) were shutte out, and barred from [Page 58]theyr said right dewe to them by the wiues (as we haue said): so likewise they ought to thinke of women of their royal blood, that marie in Scotland, that they may wel iudge and take them selues much iniured, vnnatu­rally and wrongfully dealt withall, to be thruste from the succession of this Croune, being thereto called by the nexte proximi­tie of the royal blood. And such deuolutiōs of other Kingdoms to the Croune of Eng­land by foraine mariage, might by possibi­litie often times haue chaunced, and was euen nowe in this our time very like to haue chanced for Scotland, if the intended mari­age with the Queene of Scotland that now is, and the late King Edward the sixt with his longer life, and some issue had takē place.

But now, that she is no suche forainer, as is not capable of the Croune, we haue at large already discussed. Yea I wil now say farther, that supposing the Parlament minded, to exclude her, and might rightful­ly so doe, and that the King by vertue of this statute did exclude her in his supposed Wil: yet is she not a plaine forainer, and in­capable of the Croune. For if the lawfull heires of the said Ladie Francis, and of the [Page]Ladie Elenour should happē to faile (which seeme now to faile, at the least in the Ladie Katherin and her issue, for whose title, great sturre hath lately ben made, by reason of a late sentence definitiue, geuen against her pretensed mariage with the Earle of Her­ford) then is there no stay or stoppe, either by the Parlament, or by the supposed Will, but that she the said Queene of Scotlande, and her Heires, may haue and obteine their iust Title and claime. For by the said pre­tensed Wil it is limited, that for default of the lawfull Heyres of the said Ladre Fran­cis and Elenour, the Croune shall remaine and come to the next rightful Heires.

But if she shal be said to be a forainer for the time, for the induction of farther ar­gument: then what saye the Aduersaries to my Ladie Leneux, borne at Herbot­tel in England, and from thirtene yeares of age brought vppe also in England, and com­monly taken and reputed as well of the King and Nobilitie, as of other, the lawe­fully Neece of the said King? Yea to turne nowe to the other Sister of the King, ma­ried to Charles Brandon Duke of Suffolke, and her children, the Ladie Francis, and the [Page 59]Ladie Elenour: why are they also disheri­ted? Surely, if there be no iust cause, nei­ther in the Lady Leneux, nor in the other: it seemeth the King hath made a plaine Do­natiue of the Croune. Whiche thinge whether he could doe, or whether it be conformable to the expectation of the Par­lament, or for the Kinges honour, or for the honour for the Realme, I leaue it to the far­ther consideration of other.

Nowe, what causes should moue the Kinge, to shutte them out by his preten­sed Will from the Title of the Croune: I minde not, nor neede not (especially seeing I take no notice of any such Wil, touching the limitation of the said Croune) here to to prosecute or examine.

Yet am I not ignorant, what impedi­mentes many doo talke of, and some as well by printed, as vnprinted Bookes, doe write of. Wherein I will not take vppon me any asseueration, any resolution or iud­gement.

Thus only will I propound, as it were by the way of consideration, duely and depely to be wayed and thought vpon: that is, for as muche as the benefitte of this [Page]surmised Wil tendeth to the extrusion of the Queene of Scotland, and others alto­gether, to the issue of the French Queene: whether in case the King had no cause to be offended with his sisters the Frenche Queenes children (as the Aduersaries them selues confesse he had not, and that there was no lawful impediment in them, to take the succession of the Croune) it were any thing reasonable, or euer was once meant of the Parlament, that the King without cause should disherite and exclude them from the Title of the Croune. On th'other side, if ther were any such impediment (whereof this surmised Wil geueth out a great suspicion) it is to be considered, whether it standeth with reason and iustice, with the honour of the King, and the whole Realme, or with the minde, purpose and intente of the said Parlament, that the King should not onely frustrate and exclude suche, whose right by the common lawe is moste euidente and notoriouse, but call and substitute suche other, L. fl pater. ff. Quae in frau. credit. L. fill. famil. ff. de Donat. as by the same lawe are plainely ex­cluded. In consideration whereof many notable Rules of the Ciuil lawe doo con­curre.

[Page 60]First, L. 1. c quae res pign l. obligatione. ff. de pigno. c in genera. de Regum iuris in 6. L. quidā. ff. de uerb. s [...]g. L. ut grada. §. 1. de nu­mer. & ho­nor. L. permit­tēdo cū no­tatis. ff. de iure dotiū. In geuing general au thoritie, that see­meth not to be com­prised, that the partie vvould not haue graunted, being spe­cially de­maunded. General voordes must be referred to hable per­sons. L. 2. c. de Nopal. that who soeuer geueth any man a general authoritie, to do any thing, seemeth not to geue him authoritie, to do that thing, which he would not haue graunted, if his minde therein had bene seuerally and spe­cially asked and required. Againe, general wordes either of the Testatours, or of suche as make any contract, and especially of sta­tutes, touching any persons, to doe or enioy any thing, ought to be restrained and refer­red to hable, mete, and capable persons only.

It is further more a rule and a Principle, that statutes must be ruled, measured and in­terpreted, according to the minde and dire­ction of the general and common lawe. Wherefore the King in limiting the suc­cession of the Croune in this sorte, as is pre­tended, seemeth not to answere and satisfie the expectation of the Parlament: putting the ease there were any such surmised im­pediment, as also on the other side likewise, if there were no such supposed impedimēt.

For here an other rule must be regarded: whiche is, that in Testaments, Contractes, and namely in statutes, the generalitie of wordes must be gently and ciuilly modera­ted, and measured by the common law, and [Page]restrained, L. fin. § in computa­tione. De iure de­liber. & ibi notat Alciat. in l. 1. de uerb. si­gnificat. when so euer any man should by that generalitie take any dāmage and hurte vndeseruedly. Yea, the Statute shal rather in that case ceasse and quaile, and be taken as void. As for example, it appereth by the Ciuil law, that if it be enacted by statute in some Cities, that noman shal pleade against an Instrument, no not the Executour: yet this notwithstanding, if th'Executour make a true and perfect Inuentarie of the goodes of the Testatour, if he deale faithfully and truely, rather then he should wrongfully and without cause paie the Testatours debt of his owne, he may come and pleade against the Instrument. Wherefore the Kinges doings seeme either muche defectiue in the said Ladie Francis, and Ladie Elenour, or much excessiue in their children. And so though he had signed the said Wil with his hand: yet the said doings seme not cōforma­ble to the mind and purpose of the Parlamēt.

We wil now go forward, and propound other great and graue cōsiderations seruing our said purpose and intent. Whereof one is that in limiting the Croune vnto the heires of the bodie of the Ladie Francis, the same Ladie then, and so long after liuing, the said [Page 61]King did not appoint the Succession of the Croune, according to th'order and meaning of the honourable Parlament: forasmuch as the said Acte of Parlament gaue to him au­thoritie, to limite and appoint the Croune to such person, or persons in reuersion or re­mainder, as should please his Highnes. Mea­ning thereby some person certaine, of whom the people might haue certaine knowledge and vnderstanding, after the death of King Henrie the eight. Which persons certaine the heires of the Ladie Francis could not by any meanes be intended: 11. H. 4. fol. 72. 9. H. 6. fol. 24.11. H. 6. fol. 15. forasmuch as the said Ladie Francis was then liuing, and ther­fore could then haue no heires at al. By rea­son wherof the people of this Realme could not haue certaine knowledge and perfit vn­derstanding of the Succession, according to the true meaning and intent of the said Acte of Parlament.

But to this matter some peraduenture would seeme to answere and say, that al­though at the time of the said King Henries death, the Heires of the bodie of the said Ladie Francis begotten, were vncertaine: yet at suche time, as the said remainder should happen to fal, the said heires might [Page]then certainly be knowen. In deede I wil not deny, but that peraduenture they might be then certainly knowen. But what great mischieffes and inconueniences might haue ensewed, and yet may, if the Wil take place vpon that peraduenture and vncertaine li­mitation: I would wishe all men well to note and consider.

It is not to be doubted, but that it might haue fortuned, at such time as the remainder shuld happē to fal to the said heires of the Ladie Frācis, the same Lady Frācis should then be also liuing: who, I pray you, then should haue had the Croune? Paraduēture ye wold say, the heires of the body of the Ladie Ele­nor, to whō the next remainder was apoin­ted. Vndoubtedly that were cōtrarie to the meaning of the said supposed Wil: forsamuch as the remainder is therby limited vnto the heires of the body of the Ladie Elenour, on­ly for default of issue of the Ladie Francis. Wherby it may be very plainly gathered vpō the said supposed Wil, that the meanīg ther­of was not, that the childrē of the Lady Ele­nour should enioye the Croune, before the children of the Lady Francis. But what if the said Ladie Elenour had ben then also li­uing [Page 62](which might haue happened, foras­much as both the said Ladie Frācis and La­die Elenour, by common course of nature, might haue liued longer, then vntil this day) who then should haue had the Croune? Tru­ly the right Heyre (whome this supposed Wil meante to exclude) so long as there should remaine any issue, either of the body of the said Ladie Francis, or of the bodie of the said Ladie Elenour lawfully begotten. And therefore quite contrarie to the mea­ning of the said supposed Wil. Wherfore I doe verely thinke, that it would hardly sinke into any reasonable mans head, that had any experience of the great wisdom and ad­uised doings of King Hēry the eight about other matters being of nothing like weight, that he would so slenderly and so vnaduifed­ly dispose the successiō of the croune (wher­vpon the whole estate of this Realme doth depend) in suche wise, that they, to whom he meant to geue the same, by his wil could not enioye it by the lawe. Wherevpon ye may plainely see, not only the great vnlike­lihod, that King Hēry the eight would make any such Wil with such slender aduise, but also, that by the limitation of the said Will, [Page]the succession of the Croune is made more vncertaine and doubtful, then it was before the making of the said Actes of Parlament. Which is cōtrary to the meaning and intent of the said Actes, and therfore without any sufficient warrant in law.

But peraduenture some here wil say, that although these dangers and vncertainties might haue ensewed vpon the limitation of the said wil: yet forasmuch as they haue not happened, neither be like to happē, they are therefore not to be spoken of. Yeas verely, it was not to be omitted. For although these things haue not happened, and therefore the more tolerable: yet forasmuch as they might haue happened, by the limitation of the said supposed Wil cōtrary to the meaning of the said Actes: the Wil can not by any meanes 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 Wil is insufficient in lawe. And to aggra­uate the matter farther, ye shal vnderstand of great inconueniences and imminent dan­gers, which as yet are likely to ensue, if that supposed Wil should take place.

It is not vnknowen, but that at the time [Page 63]of the making of the said Wil, the said La­die Francis had no issue male, but onely three daughters betwene her, and Henrie Duke of Suffolke. Afterward in the time of our late soueraigne Ladie Queene Ma­rie, the said Duke of Suffolke was attainted, and suffered accordingly. After whose death the said Ladie Francis, to her great dishonour and abasing of her selfe, toke to husbande one Adrian Stokes, who was be­fore her seruant, a man of very meane estate and vocation, and had issue by him. Which issue (if it were a son, and be also yet liuing) by the wordes of the said supposed Wil, is to inherite the Croune of this Realme, before the daughters betwene her and the said late Duke of Suffolke begottē, which thing was neither intended, nor meant by the makers of the said Actes. Who can with any reason or common sense thinke, that al the states of the Realme assembled together at the said Parlament, did meane, to geue authoritie to King Henry the eight, by his Letters Patēts or last Wil to disherit the Queene of Scot­land lineally descended of the blood roial of this Realme, and to appoint the sonne of Adrian Stokes, then a meane seruing man [Page]of the Duke of Suffolks, to be King and Go­uernour ouer this noble Realme of Englād. The inconueniences whereof, as also of the like that might haue followed of the pretē ­sed Mariage of M. Keies the late Sergeante Porter, I referre to the graue consideratiōs and iudgementes of the honorable and wor­shipful of this Realme.

Some peraduenture wil say, that King Henry the eight meant by his Wil, to dispose the Croune vnto the Heires of the body of the said Ladie Francis by the said Duke law­fully begotten, and not vnto the heires by any other person to be begottē. Which mea­ning although it might very hardly be ga­thered vpon the said supposed Wil: yet can not the same be without as great inconue­niences, as the other. For if the Croune should nowe remaine vnto the heires of the bodie of the said Ladie Francis by the said Duke begotten: then should it remaine vn­to two daughters ioyntly, they both being termed and certainly accompted in law but one heire. And by that meanes the state and gouernment of this Realme should be chan­ged from the auncient Monarchie, into the gouernement of many. For the Title of the [Page 64]Ladie Francis being by way of remainder, whiche is compted in law a ioynt purchase, doth make all the issue female inheritable a like, and cannot go according to the ancient law of a descēt to the Croune: which is, that the Croune by descent must go to the eldest daughter only, as is aforesaid. For great dif­ferēces be in law, where one cometh to any Title by descent, and where, as a purchaser. And also if th'one of those issues female dye, then were her heire in the Title, as a seueral tenant in tayle. And so there should follow, that so many daughters, so many general Go­uernors, and so might their issue, being heirs females, make the gouernmēt grow infinite. Which thing was most farre from the mea­ning of the makers of that Acte of Parlamēt.

What if the said King had by his last Wil disposed this realme into two or three parts, diuiding the gouernement thereof to three persons, to rule as seueral Kinges: as for ex­ample, Wales vnto one, the Northe partes vnto an other, the South partes vnto the third, and by that meanes had miserably rent this Realme into partes? Had this ben accor­ding to the entent and meaning of the said Acte of Parlament? Or had it bene a good [Page]and sufficient limitation in law? No verily, I thinke no man of any reasonable vnderstan­ding wil so say. And no more can he either say, or thinke of the remainder limited vnto heires of the body of the said Lady Francis by the said supposed Wil.

Now to cōplete and finish this our Trea­tise touching the Queene of Scotlāds Title to the fuccession of the Croune: as we haue done, so let vs freely and liberally graunt the Aduersaries that, whiche is not true, that is, that the said supposed Wil was signed with the Kings owne hand. Let the heires of the Lady Francis come forth in Gods name, and lay forth to the world their demaūd and sup­posed right against the said Q. of Scotlandes interest. The Quene on th'other side, to for­tifie and strēgthen her claime, laieth forth to the open sight of al the worlde her [...]ust title and interest, signed, and alwaies afore this time allowed, not onely as with the Seales, but with the othes also of al the Kings, that euer wer in Englād, takē at the time of their Coronation, for the cōtinuance of the lawes of this noble Realme of England, signed and allowed, I say, almost of al the world by sides: yea signed with God and natures owne fin­gers. [Page 65]Her right is as open, and as clere, as the bright Sonne. Now, to darken and shadow this glorious light: what doe the heires of the said Ladie Francis, or others bring forth, to groūd their iust claime and demaūd vpō? When al is done, they are faine to rūne and catche holde vpon King Henry the eightes written Wil, signed with his owne hande. Wel, let them take as good handfast there­on, as they can: but yet lette them shewe the said Queene the said original Wil. It is wel knowen, that they themselues haue said, that that to doe they can not. Yet let them at least lay forth some authētical Record of the same. It is also notorious, that they can not. If then the foundation of their claime, being the Wil of such a Prince, and of so late and fresh memorie made, neither the origi­nal, nor yet any good and worthy Recorde sufficiently authorised, remaine of the same: by what colour wil they exclude the saide Queene? They must claime either by proxi­mitie of blood, or by Charter. For the first, nature hath excluded them: Charter they haue none to shew.

They wil perchance crie out, and com­plain of the losse and imbeaseling of the same [Page]and say, that such a casualtie should not de­stroye and extinguish their right. This were some thing perchance, if it were in a priuate mās case. It were somewhat, if their demaūd did not destroy the cōmon law, and the law of nature also. It were somewhat, if their sup­posed Charter were perished, or by any frau dulēt meanes intercepted by the said Quene. Vpon whom in this point it is not possible, to fasten any the very least sinister suspiciō. It were somewhat, if they did not aspire to take gaine and lucre, or if the Queene sought not to auoide dāmage. For dāmage it is, when any person is spoiled of any right due to him by law and reason. And there is a great oddes in the consideration of the law and reason, betwene auācing our gaine (and gain we do that, that doth grow and accrew vnto vs by mere gifte or legacie, Non est par rati [...]. lucra non capere. & damna sentire. L. sin. C. de co dicil. & L. Proculus ff. de damno infect. Insti. de legat. Si res. as doth the Croune, to these competitours and Heires of the Lady Francis) and eschewing dāmage and losse. And losse the lawe accompteth to be, when we are defeated of our Aūcestours inheritance. So that both being put in the indifferent balance of reason, lawe and con­sciēce: the dāmage shal ouerweigh the mere lucre and gaine. Yea, I wil say more, that [Page 66]in case either the saied Queene of Scot­lande, or any other were in possession of the Croune, hauing no right to the same: yet if the issue of the Lady Francis had no far­ther, nor better right, then these pretended writings, the defendants cleauing to the on­ly possession, were salfe and sure, and were not bound, to shew to them their Title. L. qui [...]ee [...] sare C. d [...] edendo §. commodum. lust. de in­dict. For it is a rule of the Lawe, that if the Plaintife faile in his prouffe, the Defendant shalbe dis­charged: yea, though he haue no better right, then bare and naked possession. Neither could they any thing be releaued, though the pretensed Record of the Chācerie were yet extant, not for such causes only, as we haue specified, but for diuers other. For it may wel be doubted, though the said Re­corde might beare a sufficient credit among the subiectes of this Realme, whether it may beare the same against one, that is no subiect. L. st qui [...] i [...] aliquo do­cumento C. de edend [...].

Againe it is a rule, that the publike Instru­ment, making mention of an other, doth no­thing proue against the partie, in respecte of any thing so mentioned, vnlesse the original it selfe be producted. If therfore these cōpe­titours haue lost their instruments and Eui­dences, where vpon they must of necessitie [Page]build their demaund and Claime, to the ex­clusion of an other notorious right and Ti­tle: they must beare the discōmoditie ther­of, that sought thereby their lucratiue ad­uancement and commoditie, not the person, that demaūdeth nothing els, but that to him lawfully and orderly is due.

Yea, they, and we to, haue good cause to thinke, that this thing (in case any suche Wil were) is wonderfully wrought by Gods per­mission and prouidence. For it is almost in­credible, to heare and beleeue, such kinde of writings (and in so great and weightie a mat­ter, as this pretēsed Wil compriseth) to be so sone extinguished, and perished, as it were, for special purpose, to preserue to this Noble Realme the true and sincere successiō of the next royal blood. Which if it should, by cer­taine (I can not tel what) interlined papers and scrolles be deriued and transferred to any other wrongfull heires: it would be a wonderfull and strange thing to the worlde to heare, and to importable to vs and our posteritie, to beare it. It wil then be so farre of, that that thing, whiche the Parlament most regarded in this Commission, shal by this pretēsed Wil be produced and purcha­sed [Page 67]to this realm, as to haue a certain knowē vndoubted lawful Gouernour and King, to haue striffe, contentions and diuisiōs for the Croune cut away: that euen the very thing the Parlament most feared, is most vnfortu­nately and most lamentably like soonest to chaunce. He that remembreth the tragi­cal procedinges of the last, by name, and not by right, King Richarde, needeth not great­ly to doubt, but that as he could find in his hart, to bastard his eldest brother and lawful king, and to defame his own natural mother as an harlot: euen so now there wil some be foūd, that wil easely be enduced, for auācing and setting forth of their supposed right and Title to the Croune, to seeke meanes, to wring them out that shal wrōgfully sit in the royal Throne, and to seeke to extort the Croune from their possession.

Whiche vnhappy daye, if it should once chance (as God forbid) then may we crie out, and sing a woful and doleful song: then may we not without cause loke for the bo­tomelesse Ocean sea of infinite troubles, mi­series and mischieffes to ouerwhelme the Realme. The which my mind and harte ab­horreth to thinke vpon, and my penne in my hand trembleth to write thereof.

A TREATISE VVHERIN IS DECLARED, THAT THE REGIMENT OF WOMEN IS CONFORMABLE TO the lawe of God and Nature. The Third Booke.

ALBE it (good Reader) you haue now heard a conueniēt and a sufficient prou [...]e, so farre as the Lawes of this Realme may serue, for the right Title and Claime of the Queene of Scotland, and so we might right wel seeme to haue fully discharged our promise and office: yet as the matter nowe falleth our, An infa­mous libel made lately a­gainst the Queene of Scot. especially, if we shal geue any credite to any infamous libel, or rather a fierbrande of se­dition late cast abrode, al our cost is forlorne al our trauaile imploied in vaine, and must begin a fresh.

[Page]For al this notwithstanding, her right is doubtful (saith this man) and such as against which is iust exception taken, by the lawe of God and man: It wil neuer be prooued by the law, no, not by her best frindes: so wil the Croune neuer be geuen her by iust and cō ­mon counsaile: I meane not the consent of vnquiet spirites and brauling braines, but of a great number of them, which are to be ac­compted amongest the best, for the loue of Religion and of the common wealth.

Surely these are only wordes, this is con­fidently spoken But yet let vs heare withal, what proufes this sober brained man, and so feruent zealatour of Religion, and of the cō ­mon wealth bringeth foorth, for the auou­ohing of his sturdie allegation. What lawe, what Acte of Parlament, what custome or vsage, what auncient recorde of historie of this Realme, doth this man lay forth for him selfe? Surely none at al. And as he laieth foorth not so much as one iote this way: so no doubt, he shal neuer be able, to lay forth any thing of like weight, as that, that alrea­dy is alleaged.

No, no (good Reader) this man goeth not by Acte of Parlament, nor by any lawe of [Page 2]this Realme, nor (what soeuer he speaketh, of mans law, for a bare countenance) by Ci­uil or any other humaine law. This extraor­dinarie wilie fellow runneth another race: all these lawes are but beggarly baggage to him, and argumentes of brauling braines. This sober braind man wil not abase himself, with intermedling with so low matters, but aspireth, and amounteth aloft, and fetcheth a meruelous high fetch and reach, and being as it were ghostly rauished, contemning as it seemeth al humaine lawes and policies, he maketh as it it were a plaine demurre with vs in law, that we haue pleaded our matters al this while in a wrong Court.

For lo, this matter by this sobre mans iudgement, seemeth not triable, either in the Arches or Consistorie of Poules by the Ci­uil or Cannōlaw, The Au­thour of the same seemeth litle to re­garde tou­ching, the succession of the Croune, any lavve, but holy Scripture only. or in Westminster Hal by any law or Acte of Parlamēt. This plee must be only mainteined with the recordes of holy Scripture, but of his owne sobre braines interpretatiō only, and holdē before himself, and his new erected tribunal, furnished and adorned with such quiet and sobre spirits as hiself is. Th'infallible verity, the high M^ie. of the sacred scriptures I do most hartly cōfesse [Page]and most humbly reuerence. But yet, if ye wil intrude your selfe and others, with the promulging from your new Tribunal seate, such and so strange paradoxes and sentences to the vtter ouerthrowing of al humaine policies and lawes, yea to the present and and īminent danger not only of this of Scot­land, but also of al other whatsoeuer Quee­nes: we must be bold to see what warrant and commission you haue, and to examine and well to vew the same, we must buckle with you and trie, whether the autoritie of holy Scripture, whiche is your only refuge, wil vpholde and beare out your strange and stout conclusion.

The place then, He groun­deh him self chefly vpon the 17. of Deu­teron. wherevpon he groūdeth him selfe, is this: Thow shalt make him King ouer thee, whome thy Lorde thy God shal choose from amongst thy brethern: him shalt thou make a King amongst them. From this authoritie he fetcheth out al his high mystical and su­pernatural conclusions. And first he exclu­deth the Queene of Scotland, bycause she is an alien, and not ex fratribus: and therefore not chosen of God. Wherevnto he addeth, that the King must be suche, as the people may say to him, [...]. Samuel. [...] as the Israelites said to King [Page 3]Dauid: Ecce [...]s tuum, & caro tua nos sumus: We are of one nation and blood. There­vnto he adioyneth, that it is assigned, as one iuste cause, 2. Reg. 11. why Athalia was turned out of her kingdome, bycause she was alienigena, an alien, maternum genus ducens à Tyriis & Si­doni [...].

These now are all the proufes deducted by this man out of holy Scripture. For o­ther hath he none, why the Queene of Scotland, being a stranger, ought to be dis­herited, and reiected from al such claime, as she pretendeth to the Croune of England.

Now for answere, and first to the 17. An an­svvere tou chinge the 17. of Deuteron. of Deuteronomie, wherein as I wil not qua­rel with you for the shrewde meaning, that perchaunce some man may probablie gather out of this Treatise, and smal liking that ye haue to the Gouernment proceeding from succession onely: so I plainly affirme, first, that we are not bound to the Ceremoniall or Iudicial, or other preceptes of the Iewish law (except the Decaloge) farther then the Churche or Ciuil policie haue re­nued againe. I say then farther, that this au­thoritie of Deutronomie, can not fitly serue your purpose, for that it taketh place, when [Page] [...] [Page 3] [...] [Page]the people chooseth a King, and not when there is a lawful and ordinary Succession, as was euen amongest the Iewes from King Dauides time. Albe it he, and King Saul before him, came in by Gods and the peo­ples special election.

Wherefore I doe admit your Principle to be wel groūded vpon Scripture: That the choise and election of Princes must be dire­cted and measured by Gods Holy Worde, wil and pleasure. What then? I would fame know, by what Logike, by what reason a mā may thus conclude: we ought to choose no straunger to our Prince: ergo a straunger, though he be the iust, and next inheritour to the Croune, must be displaced. The one d [...] ­pendeth of our owne free wil and election, which we may measure, and rule, as we see good cause: the other hangeth only vpō the disposition and prouidence of God. Great dif­ference be tvvixt suc­cessiō and clection. There we may pick out choice: here we must take such as God sendeth. There consent beareth the stroke: here proximitie of blood bea­reth the sway. There we offre no iniurie to any partie, in accepting the one, and leauing th'other: here do we iniurie to god that doth send, and to the partie, that is by him sent. [Page 4]And to say the trueth; it is but a malaperte controlment of Gods owne direction and prouidence. For in the former parte, we be the choosers, and must direct and gouerne our choise by reason and discretion by the merit and worthines of the person: here al the choice al the voices, are in Gods hād on­ly. As good right hath the infant in the swad­ling clothes, as hath any man called at his perfect age and wisdom.

It is a true saying, Christiani fimus, August. de merit. & remis pecc. cont. Pela. li 3. c 8. & 9. to 7 & in quaest. ex nouo Test. ca. 8. to. 4. we are made Christiā men [...] we are not borne Chri­stiā men, nō nascimur. But in this case of suc­cessiō, Reges nascūtur, nō fium: men are borne and not made kings. Let this fellow therfore cōclude as strōgly as he cā or wil against the chosing of straūgers: yet if he bring forth no place out of Scripture against the Successiō of a stranger, claiming by proximitie of the blood Roial: as farre as the man shoteth, he shoteth to short to hit the marke. But Lord what an [...]lfauored short shote wil it be ac­cōpted, if she be found no straūger at al? It is very probable, that in this place the scripture meaneth of a mere foreiner and straunger, such as were neither borne in Iewrie, nor of the Iewishe blood. For with suche Aliens [Page]they were forbidden also to couple in ma­riage, by reason they were Idolatours, and might thereby them selues be occasioned (as they were oftentimes in deede) to aban­done and forsake their true and sincere Re­ligion. Such a stranger, I am wel assured, this Ladie is not to vs (if she be any straunger at al.) The Scottesmen and we be al Christians and of one Iland, of one tonge, and almost of one fashion and manners, customes, and lawes. So that we can not in any wise ac­compt them amongest such kinde of straun­gers, that this place of Moyses mentioneth: namely the Ladie Marie the Quene of Scot­land, being not only in hart wel affectioned and minded to al Englishmen, as hath by many experiments ben wel knowē: but al­so by descent and Roial blood all English, whiche she taketh from the noble Kinges longe before the Conquest, and after the Conquest from the worthie Princes Henry the first, Queene of Scot­land no straunger. and Edward the third, and of late daies from the excellent Prince King Hen­ry the seuenth, and his daughter Ladie Mar­garet her grandmother.

Al which causes, with some other in such number concurrant, ought rather to inforce [Page 5]vs, to thinke and to take her, as no straunger to vs, rather then to estraunge her from vs, by the only place of her Natiuitie, which is yet neuerthelesse within the fower seas, and very nigh to England, by Osbred, bounding at Starling bridge.

Last of al, touching the forsaid Chapter of Deuteronomie, we affirme, that it is vn­true, that ye say, aswel that this lawe of Go­uernment bindeth our Kinges to the hauing and following of this law, as we haue said (vnlesse to omitte other thinges, ye would bind our Kinges also, to receaue the Deute­ronomie at the hāds of the Leuitical Tribe) as that ye say, that God gaue here a lawe to the Iewes, to make or choose a King: and so consequently, al your illations out of this place seeme to be of smal force. For to say the trueth, as God neither gaue them this or any other lawe, for choosing of a King, nor did bid or will them to choose a King: so did the people most greeuously offend God in demanding a King.

For though by the iudgement of Ari­stotle and other Philosophers, Monarchie, 3. Politico. wel and orderly vsed, is the best kinde of al other Regiments (which God doth also wel [Page]like) yet would he haue no such magistrate among the Iewes. But as he chose them, for his propre, peculier, and selecte people, and ruled them, as wel in the Desert, as in Iudea, by a seueral, peculier and distinct or­der and Gouernement from other Nations, and after suche wonderful and miraculous sort, as the like was neuer harde of in any Regiment by sides: so would he also reserue to him selfe only, the said Supremacie and Monarchie.

Neither was he a litle angrie with the Iewes, nor they committed any smal fault, but (as it were) renounced and reiected Gods owne Monarchie, in crauing a King, as holy Scripture plainely and openly testi­fiet: 1. Reg. 8. Non [...]ie (inquit) reiecerunt, sed me, ne regnem super eos. And the people after­wardes acknowledged their fault: 2. Reg. 12. Addi­dimus vniuersis peccatis nostris malum, vt pete­remus nobu Regem. God therefore did not bidde them, or wil them, to choose a King, but forknowing long before by his eternall forsight, what they would do (though con­trarie to his blessed wil and pleasure) did in this, as in other matters, beare with their weakenes, and condescended vnto the same [Page 6]and fortold them in the said 17. Chapter, that in case they would needes haue a King, of what kind and sort he should be.

And therefore immediatly before the wordes, that ye recite (thou shalt make him a King ouer them) is this texte: Cum in­gressus fuer is terram, quam Dominus Deus da­bit tibi, & possederis illam, hab [...]aueris (que) in il­la, & dixeris: constituam super me Regem, sicut habent omnes per circuitum Nationes: [...]um constitues, &c. And when thou shalt come into the lād, which the Lord thy God geueth thee, and shalt possesse, yea and dwel therein, if thou say, I wil set a King ouer me, like as all the Nations that are about me: then thou shalt make him King ouer thee, whome &c. Whiche wordes making for the illustratiō of this place, ye haue omit­ted. Wherfore as this place serueth nothing for any absolute election of a King, the se­cond, which you seeme especially to regard and ground your selfe vpon, so doth it (as we haue shewed) as litle relieue you, to prooue therby your conclusions (especially against the ordinarie successiō, either of a straūger, or of a woman) that ye would gather and conclude out of the same.

[Page]Thus haue we sufficiently answered the place of Deuteronomie for this one pur­pose. Th'other two autorities, may be much more easely answered. The people meant nothing els, An an­svvere to the 2. by their said wordes spoken to Dauid, but that they were the seede of Abraham, Isaac and Iacob, as wel as he, and intended with true and sincere hartes vnfai­nedly to agnise him as their chiefe Lord and Soueraigne. Samuel. 5. For at that time the Tribe of Iuda only (whereof King Dauid came by lineal descent) did acknowledge him as king. Now the residue, which before helde with Saules sonne, did also incorporate and vnite themselues to the said kingdome. If this man looke wel vpon the matter, he shal find, I trowe, that the Queene of Scotland may as wel cal her selfe, the bones and fleshe of the Noble Princes of England, as this peo­ple cal them selues, the bones and sheshe of King Dauid.

But yet the great terrible battering Can­non Athalia is behind. She being in posses­session of the kingdome seuen yeares, was iustly thrust out, by cause she was an Alien. We may then, (saith this man) iustly denie the Queene of Scotland the right of that, [Page 7]which if she had in possession, she should not iustly enioy. Yet Sir, if the Queene of Scot­land be no Alien (as we haue said) then is your Cannon shot more feareful, then dan­gerous. We deny not, but that Athalia was lawfully deposed: but we beseche you, to tell vs your Authours name, that doth as­signe the cause to be suche, as you alleage. Surely for my part after diligent searche, I finde no such Authour. Trueth is it, Ioseph. Iu­daic. An tiq. lib. 9. cap. 6. that Iosephus writeth as ye doe, that she descen­ded by the mothers side, of the Tyrians and Sidonians: yet neuerthelesse, he assigneth no such cause, as ye doe.

And as ye are in this your preatie poiso­ned pamflet, the first (I trow) of al Christian men (I wil not except either Latin, or Greke, vnlesse it be some fantastical fonde, and new vpstart Doctour, as M. Knoxe, or some the like, neither Iew, Chaldee, nor Arabian) that hath thus straungely glosed and defor­med this place of holie Scripture, against the ordinarie succession of women Princes: so are you the first also of all other Diuines, or Lawiers throughout the world, that hath set forth this new fonde foolishe lawe, that the Kings childe must be counted an Alien, [Page]whose father and mother are not of the same and one Coūtrie. A nevve, fond and madde in terpreta­tion, vvho is an Aliē, made by the Aduer sarie. If the French or Spa­nish King chaunce to mar [...]e an English wo­man, or the King of England to marie a French, a Spanish or any other Country wo­man: their Children by this new Lycurgus, are Aliens, and so consequently in al other Nations, al such are, haue ben and shalbe A­liēs, by this your new oracle. For what other cause shew you, that this Athalia was an A­lien, Ioseph. ibi. cap. 6. but by cause her mother was an Alien, genus ducēs, say you à Tyrijs & Sydo [...]iis, co­ming by lineal descent, by the mothers side, from the Tyrians and Sydonians?

King Achas maried her mother, dough­ter to Ithobal King of the said Tyrians and Sydonians. This Athalia, whom Iosephus cal leth Gotholio. Achas daughter, maried Iorā King of uda, her brother called also Ioram, being king of Israel, after the decease of his father Achas. So then ye see, that this Atha­lia was nomore an Alien among the Iewes, Athalia vvas no Aheamōg the levves then [...]ing Edbalde Baldus was, the sonne of Bertha a Frēch womā, and of King Ethel­bertus, the first Christian King of th'English nation: no more then was the noble King Edward the third borne of a French woma: [Page 8] [...]more then Queene Marie was: no more [...]en should haue bene the issue of the said Q. Marie, in case she had had any by the king [...]f Spaine. I perceaue, that your felowes, that [...]ould faine make King Stephen, King Hē ­ [...]e the second, and Arthur Neuew to King [...]ichard the first, Aliens: had but rude, dul, [...]nd grosse heades, in comparison of your [...]e, subtile, and high fetches.

If I should now desire your patience, not­withstanding the allegations of al your Di­ [...]initie, to be content a while, and touching this matter to harken to the most excellent Ciuilian Vlpiā, though he were an Ethnike: ye would perchance make litle accompt of him, and be angrie with me, for producing a profane Witnesse against you. And yet truely, in this I offre neither to you, nor yet to Gods holy Worde, any iniurie in the world. For Christes high and Diuine Do­ctrine doth not subuert and impugne hu­maine and Ciuil policie, being not repugnāt to his expresse Worde and wil. Let vs then heare, whome the saied Vlpian maketh an Alien. Who is an Alien by Vlpian.

He is a Campane (saith this Vlpian) that is borne of father and mother being Cam­paines: [Page]panes: Who is an Alien by Vlpian. yea if his father be a Campane, and his mother be a Puteolane: yet is the childe a Citizen or Burgesse of Campanie. And then he sheweth farther, that in some Coū ­tries, as among the Ilians, and Delphians, and them of Pontus, the Childe shalbe counted to be originally of the mothers, and not of the Fathers Countrie. His wordes 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 priuilegio ali­quo materna origo censeatur. Tunc enim mater­nae originis erit municeps. Vipotè I lien sibus con­cessum est, vt qui matre Iliensi est, sit éorúm municeps. Etiam Delphis hoc idem tributum & conseruatum est. Celsus etiam refert, Ponticis ex beneficio Pompeij Magni competere, vt qui Pontica matre natus esset, Ponticus esset. Which his saying is direct against you, for this your strange declaration of Alienigena, an Alien.

Wel, if neither the declaration of Vlpian, nor yet the practise of the world most con­formable also to reason, nor any thing els wil satisfie you, vnlesse it be deriued and ta­ken out of the Holy Scripture: we are content, to ioyne issue with you, and [Page 9] [...] be tried by the same only. Christe came Lineally of Booz, Matth. 12 Iosue. 6. whome Salomon begat of Raab (as the most common opinion of Wri­ters is) that betraied Hiericho to Iosue: and may we now falsly think, that this Booz was a strāger, an Aliē, and no Iew? and so withal infringe, breake and peruert the Genealo­gie of Christ, and the continual Successiō of the Iewes, Christes progenitors? Ye know, that as Athalias mother was a Tyriā, or a Sy­donian: so was Ruth a Moabite. This Ruth maried the foresaid Booz. I aske you now a­gain, whether Obed the son of the said Booz, and Ruth were Aliēs amōg the lewes? If ye say, he was not: then must you nedes cōfesse, the same of Athalia. If you say, he was: then the holy Scripture maketh euidētly against you. For of this Obed Christ came lineally. And if you step forward (as you lustily be­gin) a foot or two more, ye wil, Dauid and Christ de­scend of Obed Ruthes sonne. or as wel you may, make king Dauid also, to whom Obed was grādfather, yea and Christ himselfe, not much better then Aliēs. And so hath Athalia at lēgth spon a faire thred for you. We deny then, 4. Reg. 11. that this Athalia was an Aliē amōg the Israelits: and therfore she could not be bard frō any inheritance due vnto the daughter, [Page]among the Children of Israel. Neither was she remoued from the kingdom, as this sobre man being best awaked dreameth, bycause she was a straunger. But for that she moste cruelly, and vnnaturally, sleaing and murde­ring her Nevewes, the sonnes of her sonne King Othozias, lately killed by Iehu, by shameful meanes vsurped her self the croune apperteining to her Nephew Ioas, who by the prouidence of God was (she being vsur­per of it) preserued from her boutcherie. And after seuen yeares, by the help of Ioada the High Priest, was anointed King, and she deposed, and worthely put to death. And this cause doth appeare euen in the very Chapter and place, that this brauling braine doth alleage. As for the cause he him selfe proponeth, we wil not sticke with him, to geue him a longer date, to fetche out and shew vs his recordes, and his authours, at his good leasure.

Wel, this string wil not serue his bowe: we wil therefore listen againe to him, and consider, how wel he harpeth vpon the next string: whiche surely doth geue as il fauo­red a iarring, and as vntunable a noice as the first, or rather more vntunable. Wherein [Page 10]our good quiet brother doth so straine and wrest the worde, ex fratribus, among the bre­therne: that he wresteth away not only the right, and interest, that the Queene of Scot­land pretendeth to the Succession of the Croune, but doth wrest withal the Croune from al Princes neckes that haue ben, are, or shalbe women. And of al such as haue, do, or shal claime their inheritance, by th'interest, and title of their mothers, whiche haue no better Title, then their progenitours from whom they claime.

For amongest his new notable notes, that he noteth out of this seuententh Chapter of Deuteronomie, for the choosing of a King, we may note (saith he) the sexe, by the ma­sculine gendre, vsed in this worde ex fratri­bus: for vnder the other sexe, Ataxia most commonly creepeth into the stocke and Countrie.

He saith also afterward, this politique law, that God did geue the Iewes, is groun­ded vpon the law of Nature, and is also as euerlasting, as Nature it selfe is, and is of all natural men to be obserued. It is (saith he) of Nature, that the prescribed sexe should go­uerne the other: he meaneth, women should [Page]be gouerned. Then he knitteth vp the Con­clusio of his new pestiferous policie: which I cōclude, that Gods law, Nature, and good reason do reiecte the Queene of Scotland, and denie her that kingdom, which she wold faine possesse. Who wold euer haue thought that such a quiet sobre braine, out of this one word fratribus, could haue found in his hart so vnbrotherly, and so vnchristianly, and so fondly withal to extort such an interpretatiō as is able (if it were receaued) to disturbe, infrīge, and breake the quiet and lauful pos­sessiō, and inheritance of a great part of the Princes of the world? Yea and as fondly, and vnnaturally to frame of hīself a new law of Nature also: and so most wretchedly to cor­rupt, depraue, and maim both the law of God and Nature? Yet bicause this mā geueth out his matters, as it were cōpēdious oracles, and least some might think, that such a sobre mā hath some good and substātial groūd in this his saying: seing he is so bold with his owne gloses vpon the holy Scriptures: I wilbe as bold vpō him alitle, to sift, and examine the weight and veritie of thē. An an­svvere to the Aduer farre, tou­ching the lavve of, Nature, vvhich he vvresteth against vvomens gouerne­ment. L. 1. ff. de iust. & iure l. ueluti l. ex hoc. l. omnes cod. And first touchīg the law of nature, which he maketh as a pik­axe to vndermine the state of so many Prin­ces: [Page 11]we might here inlarge many thīgs, how and in what sort the law of Nature may be takē. But we wilbe therin compendious and short. The law of Nature cōmōly is propre, apperteining aswel to other liuing things, as to mā, as Vlpiā the notable lawier writeth. Ther is an other law, that is called Ius Gētiū, the law of al Natiōs, and it is called also the law of Nature, bycause the discourse of natu ral reason forceth al Natiōs, to obey ād kepe this law, as to honour God, to obey our Pa­rēts, and Magistrats, to kepe and mainteine our bargains and promises, Est enim nō scripta. sed nata lex, &c. Cicero pro Milone. in buyng and sel­ling, and in other cōtracts, to defend ourselfe frō violēce and iniurie, with a nūber of such other. I suppose th'Aduersarie meaneth not of the first kind, but of the second. Whereof he must nedes meane, if he meane to speake any thing to the purpose. I say then, that this is a false and an vnnatural assertion, to make this surmised law euerlasting, as nature it self is. The law of Nature, or Ius Gentium, is, and euer was, after the time that there was any Nations of people, and euer shalbe. This counterfeit law of Nature neither is, nor euer was, nor as farre as reason may reach to, euer shalbe, It shalbe inough for vs, [Page]to ouerthrow and cast vnder foot this counterfeit lawe: The pra­ctise of Womens Regiment in Asia. Aphrica and Euro­pa. to shew and proue, that womē haue frō time to time, borne Princely Regiment in the most notable parts in the world and in the best and most famous cō ­mon wealthes, that euer haue ben. For the knowledge whereof, Straebo ge [...] graph. lib. 14. I re­ferre the Reader to auncient hi­stories, being the registers of Anti­quitie, which do plainly testifie, the same to haue bene often practised in Asia, Aphrica, and Europa.

Concerning Asia, First in Asia. Queene Artemesia I finde, that Artemesia, who builded the se­pulchre of her husband Mausolus, one of the notable spectacles and wonders of the world, Queene Ada. and her si­ster Ada with others, Solinus in collect. lib. 67. Plinius lib. 6. cap. 20. Adrianus lib. 8. de ge­stis Alexā. mag. Iustinus li. 1 Herod. li. 1. Strab. li. 16 reigned in Caria. Womans regiment in Pandea a countrie in Iudea. Queene Semira­mis and Nitrochris Queene Thomiris. This Ada being thrust out, was restored by Alexander the great. The countrie also of Pan­dea, in Iudaea, was gouerned by women. The gouernement of the Queene Semiramis and Ni­trochris in th'Empire of Babylon, of Queene Thomiris, among the [Page 12]Mesagites, is to her great praise and commendation in auncient monu­mentes recorded. Ioseph. lib. 20. & 21. Antiq. c. 2. Euseb. lib. 2. cap. 12. Ruff lib. 2. Eccle. hist. c. 6. Clemens Alex. lib. 1. stromat. Iustinus lib. 1. Tacitus lib. 2. Iosephus maketh mention of Helena the Queene of the Adiabens. Eusebius of Maumia the Queene of Saracens. Atossa was gouernesse of the Persians, a most excellent woman also for her learning.

It may also appeare by the storie that Iustine writeth of Astiages the King of the Medians, that in in Media the women supplied the lacke of male children, Queene [...]rato. in Princely gouernement. There is mention made also of Erato, whom the Par­thians chose to be their Queene. We wil now make vp our conclu­sion for Asia with Claudians verse.

Out of the which we haue pur­posely leaft Iudea, reseruing it as a principal helpe, for the vtter ouer­throwing of this mans fantasticall interpretation of the forsaid word, [Page] Fratribus. Womans Regiment in Aphrica Queene Dido. Queene Cleopatra Queene Isis. In the stories and mo­numentes touching Aphrike, Strabo, 12. & [...] Iustin. [...] 18. & [...] Diodor. Sicul. lib c. 2. & [...] we reade of Quene Dido at Carthage, Cleopatra in Aegypt, and of diuers other Queenes there. The first King of Aegypt was Ofiris, who in his absence cōmitted the whole Regiment to his wife Isis. In AE­thiopia, where reigneth a mightie Prince, a Christian mā, and one that hath many Kings subiected to him, not many yeares sithence in the nonage of King Dauid, Damianue [...] Agoes de side & mo­ribus AEthiopū. his grand­mother the Queene did most poli­tikely, wisely, and godly rule those Realmes. And it appeareth in the olde stories, that in Christes time, and before, that Country had no o­ther Princes, then 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 al Candaces. Such a one reigned there about the time of Christes Passion, whose chief ser­uaunt was conuerted to Christes faith by S. Philip. By whose meanes the Queene also vpon his returne, became with her subiects a Christiā woman. And that is thought to be [Page 13]the first Countrie, Dorotheus de uita & obitu Pro­phetarū & Apostolo­rum. Hieronym. in cap. 52. Esaiae. Hilar. in Psalm. 61. Euseb. lib. 2 cap. 1. Sabel. Strabo lib. 16. that publikely embraced the faith of Christ. [...]hiopia [...] first [...]stia­ [...]amō. [...] other [...]un­ [...]s. But [...]taine [...] first [...]ōg the [...]ounces Rome. And thervpō the saying of the Prophet Dauid seemeth to be verified, say­ing: Aethiopia praeueniet manus cius Deo. And yet that notwithstanding our worthy Britanie, among al the Prouinces, that were of the Ro­maine Empire, hath thereof the noble prerogatiue.

Women were the chief Magi­strates among the Tenesians and Sebrites. In the time of King Sa­lomon, the notable woman, that came from the vttermost part of the earth, to heare the wisdom of the said Salomon, whome the olde Testament calleth the Queene of Saba, the new Testamēt the Quene of the South, was a Queene, 3. Reg. 10. 2. Paral. 9. Math. 12. Luc. 11. Ioseph. Iu­daicar. an­tiq. lib. 8. cap. 12. and as Iosephus writeth, the Queene of Ethiopia and Egypt, Countries of such greatnes ād largenes, as no one Prince throughout al Europe, hath so ample dominiō within the same. Perchāce her dominiō did streach to Cephalia, whiche draweth wel [Page]towarde the fardest part of Aphrica. Salomons ships fet ched gold from Cephalia. Wh [...] interpretatiō seemeth not far a square fr [...] the wordes of the holy Scripture. Fr [...] thence, as the Annales of the said Coun [...] record, Salomons ships euery third ye [...] brought merueilouse plentie of gold a [...] siluer. Other suppose, that the said Na [...] went to the late founde landes of west I [...] dia, especially to the Iland now called Sp [...] gnola.

Stobaeue 4 [...]2. ex Nicolao de moribue gentium. I finde in the said Aphrica one strang and fond kind of people, called Buaci, wh [...] men gouerned men onely, and women go [...] ­uerned women onely: and yet were the [...] not so hard masters to women, as ye are, no [...] thought womens Regiment (as ye do) to be [...] against nature. And to finishe this second [...] parte, it seemeth by Lucan, that in these quarters of the worlde, it was no newe o [...] straunge thing, to see a woman a Prince, as appeareth by these wordes of Quene Cleo­patra:

As for Europe, as it is better knowen to vs, so therein haue we withal greater store [Page 14] [...] examples of this kinde of Gouernement. Womans regiment in Europa. Queene Olimpias in Epyre. Olimpias in Mace­donia. Irene. Theodora Eudocia. Zonaras Tom. 3. Annalium. [...]pire, as it appeareth by Olympias daugh­ [...] to Pyrrhus: In Macedonia, where a wo­ [...] called also Olimpias, succeded after the [...]th of Alexander the great: yea and in the [...]at and famous Empire of Constātinople, [...]ere Irene, Theodora, Zoe, an other The­ [...]a, and Eudocia were the chiefe and high [...]gistrates. The said second and last Theo­ [...]ra answered the Embassadour her selfe, [...]d iudicially in her owne person gaue sen­ [...]ce, as wel in publique, as in priuate causes. [...]hose gouernement was also prosperous, [...]ppie and fortunate.

Moreouer, it appeareth, that the Illyrians and Slauons were ruled by Queene Teuca. [...]nius lib. [...]. cap. 6. [...]ca. What shal I speake of Spaigne and Portingale, and of the Dukedom of Burgundy, Womans regiment in Spaine, Portin­gale, Bur­gundie and Flan­ders. and of the Earldom of Flanders, and of other partes of low Germa­nie? Conrade the Duke of Franco­nie and Landgraue of Hesse was made Countie Palatine of Rhene, Irmelgar­dis daugh [...]er of Conrade Duke of Franconie and Duke of Loraine, by the inhe­ritance of his wife Irmelgardis. He had but one daughter, who was ma­ried [Page]to Conrade Duke of Sueuia, wherby was made Countie Palatine of Rhene. T [...] Conrade had a daughter called Agnes, [...] ­ried to Henry Duke of Saxonie and Li [...] burge, Agnes vvife to Henry Duke of Saxony. who therby inioyed the Countie P [...] ­latine. The like may be said of diuers oth [...] partes of the Germanical Empire, yea a w [...] mā hath ruled and gouerned the said who Empire, Agnes vvife to Henry the 3. Empe­rour. Pau. Aemil. lib. 3. Car. lib. 3. as it is euident in Agnes the wi [...] of the Emperour Henry the third, duri [...] the time of the minoritie of her sonne H [...] ­rie the fourth. And yet the same Empire ye wote wel, passeth by choise and election and not by lineal succession of bloode: ye [...] many hundereth yeares, Ful. de dict. & fact. me­mor. lib. 8. cap. 16. ere she was borne and in the florishing time of the olde Ro [...] ­maine Empire, Mesa Varia grandmother to the Emperour Heliogabalus and Alexan­der Seuerus, sate with the Senate at Rome, heard and examined the weighty causes o [...] the Empire, Crana Nōahs daughter Beros. lib. 5 Liui. lib. 1. dēc. 1. AEneas Syl nius de A­sia. c. 20. Lauinia. and set her hand also to suche thīgs as passed, touchīg the publike affaires.

I do now adioyne the kingdom of Sicile and Naples in Italie, of the whiche Italie Noah, whom the prophane Writers cal Ia­nus, made Crana his daughter ruler and Quene, wher also Lauinia reigned after the [Page 15]death of Aeneas. And as for Na­ples, this presidēt of womanly Go­uernment is not there only of later yeares in both the Queenes called Iohanne, but euen from very aun­cient time: which thing the stories do recorde in Amalasintha, [...]ene [...]aples [...]la­ [...]a. that go­uerned after the death of her father King Theodoricus with her sonne Athalaricus. The said Amalasintha was mother to Almaricus King of Spaine, [...]ias lib. Regum [...]an. and after his death ruled her self the said Realme.

Let vs nowe adde farther, Chronie. Palmerij. Her. Con­trac. Mūst­uniuers. Cosm. lib. 4 AEneas Syluius in descript. Asiae. d. ca. 20. Hect. Boet. lib. 1. Histo. Scoti. uide la geneal. des Rois d [...] France impre. Pa­ris 1561. in Carolo Magno. the Dukedoms of Loraine and Man­tua, [...]omans [...]giment [...] Lorain, [...]d Man­ [...]a. the kingdome of Swetia, and Dania, and of Noruegia, whereof Margaret the daughter of Walde­marus was gouernesse and Quene: [...]n the [...]ingdoms of Svvetia Dania and Nor­uegia. the kingdom of Beame and of Hū ­garie. And to draw nere home, the Realm also of Scotlād, 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 Englād, wher­in I wil make no fast footing.

[Page] England. Now touching the feminine Success [...] to the right of the Croune of England, it [...] no new found Succession, and much le [...] vnnatural. We reade in our Chronicles Queene Cordel the thirde heire and daug [...] ­ter of King Leyre the tēth King of Eritan [...] that restored her father to the kingdom [...] being deposed by her two other sisters. W [...] reade, that about three hundered, fifty an [...] fiue yeares before the Natiuitie of Christ [...] Martia Proba, Martia Proba. during the nonage of he [...] sonne, did gouerne this Realme ful politik [...] ­ly and wisely, and established certaine lawe [...] called Leges Martianae.

There be aswel of our owne, as of exter­ternal historiographers, Helena mo [...]her to Constātin the great. Onuph. de Rom Prin­cipib. Euseb. de uita Con­stantin. lib. 1. Eccl. that for a most cer­teinty affirme, that Helena the noble Con­stantine his mother, was a Britaine, and the only daughter and heire of Coelus King of Britanie, and that the said Constantine was borne in Britanie. Surely that his father Cō ­stantinus died in Britanie at Yorke, and that the said Constantinus began his noble Vi­ctorious race of his most worthy Empire in Britany, it is reported by auncient Writers, and of great faith and credit. And that like­wise, long before the said Helens time, wo­men [Page 16]bare the greatest sway, both in warre [...]nd peace: and that the Britaines had womē or their Capteines in warfare. Amōg other Cornelius Tacitus writeth thus: Voadicae. His at­ [...]e allis inuicem instructi,In uita A­gricolae.Voadica generis regij [...]mina Duce (neque enim sexum in Impertis [...]scernunt) sumpsêre vniuersi bellum.

We haue now already shewed of Henry he seconde, Henry the second K. by his mothers right who obteined the Croune by [...]he mothers right. Which said King by the Title of his wife, and after him his Succes­ [...]ours Kings of England, did inioy the Duke­ [...]omes of Aquitania, Vide Alli­geneal cap. 1561. and the Dukedome of Poiters, as the said Kings Successour should [...]aue done also (as we haue shewed before) the Dukedome of Britanie, if Arthur King Richardes Neuew had not by the vsurping of King Iohn, and his vnnatural crueltie, di­ed without issue. And by what other right, then by the womans inheritance dew to King Edward the third by his mother the Frenche Kings daughter, doe the Kinges of this Realme beare the Armes and Title of the Kings of Frāce? The Frēch make not vvomens Regiment vnnatural. And though the Frēch men thinke their parte the better against vs, it is not but vpō an old politike law of their owne (as they say) and not vpon any suche [Page]fonde ground, as ye pretende, that women Regiment is vnnatural.

Which Regimēt ye stoutly affirme to b [...] farre a sunder from any natural Regimēt, ye [...] truely, as farre as was the boies head frō the shoulders, the last Bartholmew Faire at Lō ­don, which many a poore foole did beleeue to be true. For as the boies head remained stil vpon his necke and shoulders, though i [...] seemed by a light liuely legerdemaine, to be a great way from the bodie: so would you now cast a mist before our eies, and make vs beleue, that womans gouernmēt and nature be so diuided and sundred, that they may i [...] no wise be lincked and coupled together. But surely the French nation was neuer so vnwise, to thinke this kind of Gouermēt re­pugnant to Nature, or to Gods holy Word. For then they would neuer haue suffered their Realme to haue ben so often gouerned and ruled by women, Adela K. Philippus mother ād Blanche the mo­ther of S. Levvis. 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 Blanche the mother of S. Lewis, and by the wife of the late King Frauncis taken prisoner at Pa­ura, and by diuers others. Neither should the said Adela and Blanche haue ben so cōmen­ded [Page 17]of their said noble and worthy rule and [...]uernmēt. The said Frenchmē, The Frēch men hold great prin cipalities by the vvo mās right. though by [...]oli [...]ie they haue prouided, to exclude fo­ [...]iners from the inheritance of the Croune: [...] they themselues holde at this day, by [...]e womās title and interest, the Dukedom [...]f Britanie, with diuers other goodly pos­ [...]ssions. And we haue shewed before, how [...]ewis the Dolphin of France made a Title [...] the Croune of this Realme, in the right [...]f his wife. Thus I haue, as I suppose, The con­clusion a­gainst the Aduersa­ries, tou­ching the lavv of Nature. suffi­ciently proued, that this kinde of Regimēt [...] not against Nature, by the auncient and [...]ontinual practise of Asia, Aphrica and Eu­ [...]pa. For the perfecting of the whiche laste [...]rte of Europa, and of the whole three [...]artes, I ende with the notable Poet Vir­gils verses:

We knit vp therfore our conclusion against you after this sort. That law and vsage cānot be compted against the law of nature, or ius Gētiū, which the most part of al coūtries, and one great or notable part of the whol world doth and hath vsed: but this lawe or vsage [Page]is such: Ergo it is not against the law of Na­ture. The Maior nedeth no proufe: and fo [...] the proufe of the Minor, we neede to im­ploy no farder labour, then we haue already done. Whervpon the consequēt must nede [...] be inferred: that this law or vsage doth we [...] agree and stand with the law of nature. The reason thereof is, that it is most natural, the daughter to inherite her fathers patrimonie [...] wherevnto if there be a dignitie annexed [...] both are so vnited and knit together, tha [...] they can in no wise be vnlinked.

Marie, if you had driuen your argument, of the duetie 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 gouerned by her husband: Ergo it is against Nature, [...] he vvife [...] 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 wil thereof inferre: Ergo she can in no wise be head to her husbande: then play you the Sophister, making a fallible and vi­tious argument, and making a confuse min­gling of those thinges, that be of sundry and diuers Natures.

[Page 18]The child must obey his Scholemaister, [...]d Parentes, and may iustly of them be [...]hastised, though he be a Prince: yet this notwithstanding, the said childe may vse [...]is authoritie, by his Magistrates, against his [...]cholemaister, yea and if the cause so re­ [...]uire, against his Parents to, as did Edward [...]e Confessour, and King Edward the third against their mothers. Euē so the case fareth with the husband and the wife. The wife [...]ay without any impairing or mayming of [...]er duetie, to God, or to her wedlocke, re­ [...]esse her husbandes misdemeanour, if it be [...]eedeful to the common Wealth. And yet [...] she not therby exempted from such dew­ [...]e, as the matrimonial coniunction craueth of the wife, towardes her husband.

You frame an other argument of incon­ [...]eniences, as though vnder the womās Re­giment, Ataxia, that is to say, disorder most commonly creepeth in. I wil not deny, but somtime it is so: but that most commonly [...]t is so, that I deny. Let both the Regiments be compared and matched together, and weied by an indifferent ballance, and I am deceaued, but the inconueniences of the mans Regiment for the rate, wil ouerpaise [Page]the other. And it is ful vnmete, vnseemely, and a dāgerous matter, to rule Princes right and Titles, by such blind ghesses.

Wel, you wil yet say, you haue Scripture on your side: you say, the Iues were cōmaū ­ded, to take no King, but exfratribus, a bro­ther: Ergo we can haue no Sister to our Q. To this obiection also my two former an­swers may sufficiently serue. First you must proue, that al Christian Princes are obliged and subiected to this part of Moyses law: and that shal you neuer be able to do. Which thing you saw wel inough, and therfore you were faine, to vnderprop and vphold this your ruinous and weake building, with the strong force of the law of Nature. But this force, as you haue hard, is but the force of a bulrush. Our secōd answer also wil sone in­fringe and breake this your conclusiō, which respecteth only the free and voluntary ele­ction and choise of a King. But we speake of birth and Succession, wherein we haue none interest, but God, who is th'only iudge and vmpier, and hath by his Diuine proui­dence, made to our handes his choise alrea­dy, which if we should vndo and reuerse, we might seeme to be very-saucy and malapert [Page 19]with him. But we wil remoue and relin­ [...]uish al these helpes, and see, what, and how [...]arre this authoritie forceth by the very wordes.

Frater, What ab­surditie follovveth by the streining this vvord ex fratrib'. Marc. ulti. is the masculine gēdre (you say) and therefore women are to be remoued. Then by this rule women also must be excluded from their saluatiō, bycause Scripture saith: He that shal beleue, and be baptised, shalbe saued. Holy Scripture abūdeth of like places. As, Beatus vir, qui non abijt in consilio imptorū,Psal. 1. et 4.&c. Beatus, qui intelligit &c. And by this rule women are excluded from the eight beati­ [...]udes. But we wil not shifte your owne worde (brother). We say therefore, that this worde must not be taken so strictly and [...]arrowly, as you take it. For first, not on­ly in Scripture, but in olde auncient pro­phane Authours, L. Luci' §. quaesitū ff. de legat. 3. & ibi Bar­to. Genes. 13. it comprehēdeth the bro­thers childe: yea and somtime in Ciuil law coosin germans comming of two bre­thern. Abraham called Loth his brothers sonne, brother. Medea also calleth her sister Chalciopes sonnes, her brethern, speaking to her sister in this sorte.

[Page]Againe, L. 1. ff. de uerborum signific. L. Tresfra tres. ff de pact. & l. Lucius. fa­ [...]ni. Ercis. Dict. l. Lucius §. Quaesitum. Quaesitum. est. an quod baeredes fra tribus ro­gati [...]ssent restituere, etiam ad sorores per tinet. Re­spōdit, per­tinere, nist aliud sen­sisse testato­rem probe­tur. Leuit. 9. Deut. 23. Zacha. 7. Math. 18. 2. Thes. 3. 1. Ioan. 2. as in the Ciuil law the masculin [...] gendre cōprehendeth the feminine: so doth it in your worde (brother). Modestinus wri­teth thus: Tres fratres, Titius Meuius, & [...] Paulus also & Titius, fratres. Sceuola saith, the bequestes made by the testatour fratribus, to his brethern, shalbe beneficial to his sisters also, vnlesse it may be proued, that the testa­tour meant otherwise.

Now when the holy Scripture saith, thou shalt not hate they brother: Thou shalt not lend vpon vsurie to thy brother: let eue­ry man vse his brother mercifully: if thy brother trespace against thee, forgeue him: withdrawe your selfe from euery brother walking disorderly: he that ha [...]eth his bro­ther, is in darknes, with a number of like sort: shal we inferre therevpon, that we may hate our sister, that we may oppresse our si­ster with vsurie, that we may vse our sister as vnmercifully, as we wil, without any re­morse of conscience, and are not bound to forgeue her, nor to eschewe her companie being excommunicated, or a notorious of­fendour?

Wherefore neither this worde (brother) excludeth a sister, Neither this vvord brother excludeth a sister, nor this vvord King a Queene by any Scripture. Melech. Malcah. nor this worde King in [Page 20]Scripture excludeth a Quene. In the Greke [...]ongue, one worde representeth both bro­ther; and sister, sauing that there is a diffe­rence of gendre, [...]. After the same rate, the wordes King and Queene are [...]it vp both in one, aswel in the Greke, as in the Hebrue [...], and in the Frēch, Roy & Royne: and from this the Latin tonge Rex and Regina, doth not farre disagre.

Seing then by interpretation, this word (brother) conteineth the worde (Sister) also in Scripture, and the word (King) by pro­prietie of one and the same voice and signi­fication expresseth the Quene, both in Scri­pture, and in other tonges: why should we not aswel communicate to women the di­gnitie apperteining to the name, and resem­bled by the same, as the name it selfe? For euen in this our owne Country, albe it the names of the King and of the Queene doo vtterly varie one from the other, and also the auncient Statutes of the Realme do not onely attribute and referre al prerogatiue and preeminēce, power and iurisdictiō vnto the name of a king, but do giue also, assigne and appoint the correction and punishment of al offenders against the Realm and digni­tie [Page]of the Croune, and the lawes of the Realme vnto the King: yet al māner of the for said iurisdiction and other prerogatiues are, and ought to be fully and wholy, and as absolutely in the Prince female, as in the male. And so was it euer deemed, iudged, and accepted, Anno Ma­riae 1. c. 2. before the Satute made for the farder declaration in this point.

The like we say of both the forsaid words, brother and Rex, vsed in this place of Scri­pture. whereof if there do yet remaine any scruple or doubt, to any man: for the auoi­ding and cleane extinguishing of the same, we wil referre the Reader to the noble Ci­uilian Paulus, and to the rule before, by vs touched. L fi. ff. de Legibus. Si de interpretationelegis quaeratur: inprimis inspiciendum est, quo iure Ciuitas re­tro in eiusmodi casibus vsa fuit. Optima enim legum interpres consuetudo. the Ievves neuer in terpreted this vvord after the sort, as the aduersarie doth. It is for vs then to consider, whether in Iudea and Hie­rusalem women haue at any time ben the chief Rulers and gouernesses, and whether the Iewes euer interpreted this place after the meaning and sense of this man?

Surely at such time, as Christian men bare rule at Hierusalem, we know wel, there was no such interpretation. For among other [Page 21] [...]ulko the Countie of Aniow, Alliances c. Paradin [...] Fulko and others kīgs of Hieru­salem by their vvi­ues right. who leaft his said Countie to Geffrey his sonne, Father [...] Henry the secōd, by th'Empresse Maude, and went to Hierusalē to King Balduin the secōd, and ther maried Melysād his daughter [...]nd heire, was afterward by his wiues title King of Hierusalem. Salome Herodes sister was made Gouernesse by Augustus Cesar of Iamniā, Azorum, Phasilides and Ascalo­nia. Which thing is a good proufe, Ioseph. lib. antiq. Iud. 17. c. 13. that the Romaines thought it not vnnatural (as ye think) for a womā to inioy ciuil gouernmēt.

I might hereto adde the wiues of Ioānes, Iose. lib. 13. c. 19. & 20 Egesip. de excid. Hie­ro. l. 1. c. 12 the vviues of Ioannes Aristobu­lus and A­lexander gouerned the Ievves of Aristobulus and of Alexāder, who gouer­ned and ruled the said Iewes, after the death of their husbāds, with such other. Whiche stories though they be not in Scripture, yet are they. Authentical, and of good credit. And yet are we not altogether vnfurnished of a scripturely exāple, but rather we are so furnished, that God so long before forseeing that there should come such vnnatural ca­uilling quarellers against his creature and prouidence, hath as it were al at once mett with them, and answered to al such calume nious cauilling of yours and such others, as you shal by and by vnderstand.

[Page]A woman, pardy (if we beleue you) must not kepe the state and honour of a Prince and Quene. Genes 2. & 3. And why, I pray you? Was not she created to the image of God, as wel as man? And doth not she represent the Maie­stie of God? Did not God blesse them both? Did not God bid them rule ouer the fish of the sea, and ouer the foule of heauē, and ouer euery beast, that moueth vpō the earth? But what thing meane you by th'image of God? Meane you, as S. Paule seemeth to meane, that man was created in righteousnes and true holines? This is true also in the woman.

Some thinke, that the Image of God re­presenteth the blessed Trinitie, which is (as such an high thing may be) somwhat resem­bled by memorie, by wil and by vnderstan­ding: which are in womē, as wel as in men. What thing is ther, that reason, wit and vn­derstanding may reach to, that women haue not, or may not atchieue and atteine? For learning, ther haue ben many women exact­ly learned, in Musique, A strononie, Philoso­phie, Oratorie, Physique, in Poetrie, in Law and Diuinitie.

Atossa the Queene of the Persians, Women earned. of whom we haue spoken before, was the first, [Page 22]that inuented the manner of writing of epi­ [...]les. Clement Alexand. Stromat. lib. 1. Plato in Mene. Socrates in Simposio Platon. Albericus l. Qui filiū 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 Oratour and Captaine Pericles. The [...]oble Philosopher Socrates was not asha­ned, to be taught of Diotina. Accursius his daughter professed the Ciuil law openly at Bononie. The Sybilles be famous among Writers, aswell Christians, as other. Paula and her daughter Eustochia were notably learned: and diuers other women in S. Hie­romes time, as it appeareth in his workes, bi­sides diuers other before his time, of whom he maketh mention, as also of the aforena­med Aspasia, Sappho, Cornelia, and such like. Hyptachia passed al the Philosophers of her time, and succeded Plotinus in Plato his Schole, openly professing at Alexandria di­uers liberal sciences. And what were the nine Muses, but virgines most excellent in the same? Who is called the Goddesse of learning, but Minerua? Which also found out the Arte of planting and setting? What should I now speake of the noble learned womā of our Britanie? of Cābra the daugh­ter of King Belin, who promulged the lawes which of her name, as some of our Coūtrey men write, haue their denomination; and [Page]are called Sycambricae: Illa Numae coniunx. consiliū (que) fuit. Ouid. 3. Fastorū. Iustinian and other Princes consulted vvith their vviues in publike affaires. Women the occa­sion that the Kings their hus­bandes vvere cō ­uerted to the faith. Theodelida Bertha. Clothildis. Iustinian. Authen. ut Iudic. sine quo. qui suf­frag in princip l. bene. c. de praescript. quadriēna. Hero. Hal lic. lib. 1. Tripart. lib. 9. c. 31. of Martia Proba, of Helena, and such other like. We nede no [...] runne vp to so high and farre yeares: w [...] haue hereof at home date and also presen [...] and worthie examples. Perchance you wil [...] obiect, that women are vnable and insurf [...] ­cient, to consult of great and weightie af­faires, as being but of weake and feeble wit and counsaile. If this reason hold, you must exclude from al princely Honour and Regi­ment, al. Kings that be vnder age, or other­wise that lacke discretion, as wel as womē. And yet, as weake as they are, Numa King of the Romains, the great Monarche Iusti­nian, bysides others, did consult to the great cōmoditie of themselues and their cōmon­wealthes, with their wiues, for the better or­dering of the publike affaires. The life of the great Monarche Cyrus was preserued by the counsaile of the wife of an heardman. Theodosius also th'Emperor toke great be­nefit, by the good cōsaile of his wife. Theo­dolinda was th'occasiō, that her husbād Agi­lolphus K. of the Lōbardes, and Bertha, that our King Ethelbertus, Clotildis, that Clo­doueus the King of France, receaued the Christiā faith. The Lacedemoniās, the wifest [Page 23]people amōgest the Grecians, Paulus Di­acon. de ge­stis Long. Beda lib. 1. Eccl. Hist. Paulus Ae. mil. lib. 1. Plutarc. in com Numae & Lycurg. & in uita Aegidis. August. d [...] Ciuit. Dei lib. 18. c. 9. Plato and Aristotle do not vt­terly re­iecte vvo­mens go­uerment. Tacitus de moribus Germanor. Plato. Dia­log. 5. Re­pub. Polit. lib. 2. c. 7. and the Athe­ [...]ēses also vsed in the old time, to haue wo­men present at the debating of publike af­faires. Which thing was practised amōg the old Germanes. Neither Socrates, nor Plato [...]o altogether remoue womē, being apt and mete therto, from publike administratiō. A­ [...]stotle cōfesseth, that in the commōwealth of the Lacedemonians, many thinges were done by women. The said Aristotle, though he preserre the rule and gouernmēt of men, yet doth he not reiect the other, as vnnatu­ral, but graunteth, [...]. That somtime women, being great inheri­tours, haue the prīcipalitie. Now that many cōmonwealths haue ben commendably and worthely gouerned by thē, and that in their gouernmēt lacked neither witte, policie, de­xterity, prudēce, liberalitie, iustice nor mor­cy, neither any other thing mete for a Prīce: I could easely declare, but I do forbeare by reason of tediousnes, and for that in the per­vsing and discussing of the stories by me al­ready rehersed, it wil most easely, most fully and most euidently fal out, to al such as be desirours to trauaile therein.

[Page]In case al this wil not satisfie you, and that you thinke it stil to be vnnatural and against Scripture, for a woman, that is ordeined to be subiected to her husbande, to be Gouer­nesse and Head to a publike state: and that you thinke also, that for al other respectes, a woman might be a Gouernesse: yet consi­dering that she must haue the managing of martial exploits, which in deede may seeme in no wise agreable to a womā, and is surely the dificultest matter of all in our case and question, and that you can not, nor wil not be satisfied, vnlesse you may for this, and all other doubts, be by Scripture persuaded: lo then I bring to you one authoritie of Holie Scripture to serue al turnes. I bring, I say, noble Debora, to decide and determine all this controuersie and contention. who, you can not denie, Debora vvas Go­uernesse of the Ievves by Gods spe­cial appointmēt. Iudic. 4. was the chief and supreme Magistrate ouer the people of God, to Gods wel liking, and by his owne special gratious appointment. She hearde, determined, and decided al manner of litigious and doubt­ful controuersies, aswel for bargaines and contractes, as for doubtes and ambiguities of the law: and that not by other Magistrats intermediant, but by her selfe personally. [Page 24] Erat autem Prophetissa: she was a Prophetesse. Homil. 4. in 4. cap. Iudic. which wordes Origen singulerly wel doth [...]ote, saying: that holie Scripture doth not vse such phrase of speaking of any other of the Iudges, least any man should grudge and repine (as this frowarde natured man doth) at womans regiment.

Let no man tel me now of the courage­ous Amazones. Pollio V [...] ­pistue in uita Aure­liā. Herod. lib. 8. Iusti. lib. 2. Let no man tel me of Ze­nobia the Queene of the Palmeries, and by­sides her excellent learning, of her noble Chiualrie, nor of Artemisias, that white li­uered and cowarde Perses manly wife, nor of our manly Voadica, nor of any other the wise politike victorious Queenes, that we haue before named, or of any such like. Our Debora shal serue vs, one for al.

Iabin the King of the Chananees had kept the people of Israel for their sinnes and offences to God twentie yeares in great misery, slauery, and bondage. Iudic. 4. Ioseph. an­tiq. Iud lik. 5. c. 6. He had three hundred thousand footemen, tenne thousand horsmen, and three thousand char­notes, seruing for the exploits of his warres. This noble Debora sent for Baracke willing him to muster the people, and with tenne thousand men, to set vpon Sisara, [...]abins Ca­piteine. [Page]But Barac would not go, The great victory of Debora. vnlesse she went also. Wel, saith she, I wil go with the. When they should haue buckled, Barac and th'Israelites, fearing the huge multitude of th'enemies, would haue recoiled backe into some safer and surer places. Nay, saith De­bora, depart not, plucke vp your harts, for al is ours. And vpō this they incountred with th'enimie, and behold there fel sodainly vp­pon th'enimies faces so vehement a storme of raine and haile, that it toke frō them their sight, and did so sore beat them, that for ve­ry cold and weaknes, they were not able to hold their weapons in their hands. Ther­vpon being wonderfully discouraged, brea­king ther aray, they toke them to their fete, and in fleeing, some were slaine by th'Israe­lits, some by their owne horsmen and Cha­riotes.

I speake not this of Debora, bycause I think warlike matters properly, and so well to apperteine to women, as to men. I know and do wel allow the saying in Homer, of Hector to his wife: [...].

[Page 25]I speake it to this purpose only, to shewe, that a woman may not only haue ciuil regi­ment in other thinges, but may intermedle also, when the case requireth, with warlike matters, and be present with the Armie in the field. The cere­monies that Kings of Englād vsed in their coro­nation. And this also among other ancient and solemne ceremonies, the gyrding of a Queene at her Coronation with a sworde, the setting of a paire of spurres to her heeles may wel signifie.

Whiche Ceremonies though they haue ben vsed from the time of King Edward the Confessour at least, and frō the noble Alured and that vpon Kings only, except our owne 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 chastice al malefactours with conueniēt iustice. Yea with speede to pursue not onely by their vnderofficers, but in their owne Roial persons (if the necessitie of the time require it) their inward and outward ene­mies. Wherein they haue a president in this worthie Debora.

This Barac, of whom we haue spoken, by the cōsent of the most part of the expositors of holy Scripture, was Deboras husband: [Page]whereby ye may see, that the matrimonial duety of the wise to the husband doth no­thing repugne to the publike administration and office of the wife. Eche without other may frindly and preaceably agree. She may serue al turnes, 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 subiect to his wife, in that respect, as any o­ther: she may, yea and ought to commaund the said husband, and as the case may stand, seuerely to punishe his outragiouse beha­uiour, and doinges towardes the said Com­monwealth. This noble Debora therefore cōdemneth your Conclusion, as both vnna­tural, and derogatiue to holy Scripture.

Neither wil this euasion relieue you) (that some of your affinitie, for the mainte­nance of this so wrong an opiniō haue vsed) that this is but one bare and an extraordi­narie priuileged and personal example, ha­uing none other the like in Scripture. One onely example in Scri­pture a sufficient president. And therefore not to be drawen, to make therof a rule or president for womanly gouernmēt. If this your replie be effectual, then farewel the Baptisme of yong children, whereof it [Page 26]wilbe harde to find more then one, if that one example may be found in al the holy Scripture. Then farewel a numbre of rights, Ceremonies, customes, and orders, aswel in ecclesiastical, as in political affaires, al which haue but one, and some no one exāple at al therein. Yet it so being, that the vse thereof is not repugnant to the said holy Scriptures: they haue ben, they are, and may wel here­after be kept, vsed and obserued.

And yet I know no cause, but that the worthy Iudith may be another example al­so: Iudith. 19. who though she were not gouernesse of the Commōwealth at that time, but others: yet plaied she that parte, that seemed moste abhorring and strange to woman kind, de­uising, yea and most manfully and merue­lously executing in her owne person, the re­noumed slaughter of the arrogant, haughty and proude Tyrant Holofernes. As her sto­make and courage was manly and stout in that acte: so was she not onely a noble ver­tuous woman, but a marueilous wise womā withal, and so was taken and iudged to be of al the people. Whereby it wil follow by good reason, that in case she had ben the Gouernesse of al the people, her gouerment [Page]would haue ben as wel profitable to the cō ­monwealth, as cōformable both to nature, and the holy Scripture also. Which exāple though it may seeme sufficiēt to ouerthrow your answere (be it neuer so artificially for­ged) to Debora: yet to refute and refel it vt­terly, not only by exāples, but euen by plaine and ful authoritie of holy Scripture, let me be so bolde, as to demaund your answer to a question or two? First, whether if a man seased in lands and possessions, dye without issue male, his daughter by holy Scripture shal inioy the said landes and inheritance, or no? In case ye say, she shal not: the plaine wordes of the scripture euidētly do reproue you. If you graūt it, thē aske I farder, what if any ciuil gouermēt more or lesse be annexed and vnited to this inheritāce (as it is not on­ly in Empires and Kingdomes, but in many Dukedōs, Earldoms, yea and Lordships also) whether she shalbe excluded from the said her inheritance? If ye say, yea: then you say against Scripture. If you say, that the inheri­tance must remaine in her, and the ciuil go­uernment to others: then say you against al reason, against the vse, manner, and custom of the whole world: it is but your own fond [Page 27]folish glosse. Whervpō I do inferre, It seemeth by the rules and vvordes of holie Scri­pture, that a vvormā may haue Ciuil go­uernemēt. that wo­manly gouernment is admitted, not only by these exāples, but euen by the very wordes, rules, and decrees of holy Scripture. And so I trust you are, or haue cause to be fully satis­fied, aswel touching your allegatiō, that wo­māly Regimēt is against nature, as also tou­chīg a brother to be chosen king. And ther­fore I cōclude against you, that neither the law of God, nor of Nature, nor yet reason, (vpon the which also you ground yourself) doe reiect the said Queene Marie from the succession of the Croune of England.

You reason, that where the people erect themself an Head of their owne kinde and Nation, there nature assureth the people of natural gouernment: and where a stran­ger carieth opinion of vnnatural tyranny, it assureth the ruler of vnnatural subiection. To a straunger is murmurre, and rebellion threatned. But now if this excellent La­die and Princesse be no straunger, and be of our owne kinred, and of the auncient and late Roial bloud of this Realme (as we haue declared) then is your reason also withal auoided, which may and doth oftētimes take place in more straungers, cōming in by vio­lent [Page]and forceable meanes. But here, as na­tural a man, as you make your self, ye seeme to goe altogether against reason, and against nature also. If Princes Children were to be counted strāgers and Aliens, or to be suspe­cted as enemies and Tyrantes succeding to their owne Progenitours inheritance, it was an vnnatural parte, and a great folie in the noble Kinges of this and of many other Realmes, to geue out their daughters to fo­reine Princes in mariage. And in steade of preferring and aduancing them by their mariage, and procuring thereby frindship and amitie with other Princes, to disable their said children from ther Auncestours inheritāces in those Coūtries, from whence they originally proceded. And as it see­meth by your kind of reasoning, to purchase and procure byside to them thereby an opi­nion of enmitie and tyrannie.

This, this, I say, is a frowarde and an vn­natural interpretation. Nature moueth and driueth vs, to think otherwise, and that both a Prince wil fauour, loue and cherishe the people, from whence he fetcheth his roial blood, and by whō he must now mainteine, keepe, and defende his roial estate, and that [Page 28]the people likewise wil beare singuler loue and affection to such a one, specially of such knowē Princely qualities, as this noble La­die is adorned withal. The Q. of Scot­land no stranger to Englād Surely it is no more vnnatural to such a Prince, descending from the anncient and late roial blood of the Kinges of England, to beare rule in Englād, and as it were to returne to the head and foūtaine, from whence originally she sprāg: then it is for al fluddes and riuers which (as Homer saith) flow out of the great Oceā sea, [...]. to reuert, returne and reflow againe to the said Ocean.

This coherence, coniunction, copulatiō, inclinatiō, and fauour running interchange­ably betwixt such a Prīce and the people, is no more strāge to nature, then is the cōiun­ction of the tree and the rote thereof, then of the fountaine and the Riuer issewing frō thence, then of the sonne and of the sonne beames, and finally then is the coniunction betwixt the old auncient liuing grandmo­ther, and her yong and tendre daughter. Neither do I wel know, how I may better cal noble England, then a liuing grandmo­ther [Page]to this good gētle Ladie, whō we (I doe not doubt, if euer God cal her to the Roial state therof) shal not only find a louing and gratious Maistresse, but a most deare and tendre good doughter. For these and other cōsideratiōs, the lawes of the Realm do not nor euer did estrāge such Princes, from the successiō of the Croun of this realm which by reason of the said mutual inclination and beneuolēce of th'one to the other, standeth with the law of God and nature, and with al good reason. And therfore your cōclusion is against Gods law, Nature and al good rea­son. Wherby you ful vngodly, vnnaturally, and vnreasonably, do cōclude, an exclusion of the Q. of Scotlād (pretending her to be a strāger) to that right, that God, Nature and reason, and the true harts of al good natural English men do cal her vnto. The which her said iust right, title and interest, we trust we haue now fully proued and iustified, and suf­ficiētly repulsed the sundry obiectiōs of the aduersaries. And as this being the principal, ought to breede no doubt or scruple in any mā, so many other folish, fond and fantastical obiections, not worthy of any answere, that busie quarelīg heads do cast forth, to disable [Page 29]her right, or to disgrace her, and bleamish ei­ther her honour, or this happie vniō of both Realmes, if God shal so dispose of it, ought much lesse to moue any mā. An happy vniō I cal it, A great cōmoditie that shal come to England and Scot­land, by the vnion of them, in case this Succession chaunce. bicause it shal not only take away the long mortal enmitie, the deadly hatred, the most cruel and sharp warres, that haue so many hundred yeares ben continewed, be­twixt our neighbours, the Scotsmen and vs, but shal so intierly consociate, conioine and so honorably set foorth and aduaūce vs both and the whole Iland of Britanie, as neither tonge cā expresse the greatnes of our felici­tie and happines, nor hart wish any greater. The old enmitie hath trodden downe, and kept vs both vnder foot, and hath giuen oc­casion to the common enemie, as the Danes and other to spoile vs both. It hath caused for these thousand yeares, and more, so infinite and so ougly slaughters, as it wil greeue and pitie any mans hart to remembre: and yet neither to the great augmentatiō of our pos­sessions at this day, nor to their much losse, they hauing lost nothing of their olde aun­ciene inheritance, sauing Barwike only. If this cōiunctiō once happē, and if we be once vnited and knit together in one kingdome [Page]and dominion, in one entier brotherly loue and amitie, as we are already knit by neigh­bourhoode, by tongue, and almost by all manners, fashions, and behauiours: then will al vnnatural and butcherly slaughter, so lōg hitherto practised ceasse, then wil rest, quiet wealth and prosperitie increase at home: then wil al outward Princes our frindes re­ioice and be comforted, our enemies dread vs. Then wil the honour, fame, and Maiestie of the Ilande of Albion daily growe more and more, and her power and strength so greatly encrease, as to the frinde wilbe a good shield, and to the enemie an horrible terrour. Then shal the vtwarde enemie litle indāmage vs: then shal we with our children after vs reape the pleasant fruites of this noble cōiunctiō, wrought thus to our hādes by Gods good and gratious prouidence, without expense, force or slaughter, which hitherto a numbre of our courageous, wise and mightie Princes, haue this thousand yeares and vpward sought for (but in vaine as yet) with so excessiue charges, with so great paines, and with so many and maine Armies, and with the blood of so many of their subiectes.

[Page 30]Then shal we most fortunately see, and most gloriously inioye a perfect and entier Monarchy of this Ile of Britanie, or Albion, vnited and incorporated after a most mer­ueilous sort and in the worthie and excellēt person of a Prince, mete and capable of such a monarchie. As in whose person, by side her worthy, noble and princely qualities, not on­ly the roial and vnspotted blood of the aun­cient and noble Kings of Scotlād, but of the Normans, and of th'English Kings withal, as wel long before, as sithēce the Cōquest: yea and of the Britaines also the most auncient inhabitants and Lords of this Iland, do wō ­derfully, and (as it were) euen for such a no­table purpose, by the great prouidence of God, most happily concurre. The euident trueth whereof, the said Queenes petigrue doth most plainly, and openly set foorth to euery mans sight and eye: Then I say, may this noble Realme and Iland be called not Albion only, but rather Olbion, that is, for­tunate, happy and blessed.

Which happy and blessed coniunction (when it chaūceth) if we vnthankfully re­fuse, we refuse our health and welfare, and Gods good blessing vpon vs: we refuse our [Page]dewty to God, who sendeth our dewty to the partie whom he sendeth, and our dewty to our natiue Coūtrey to whom he sendeth such a person to be our Maistresse. And such commodities and honour withal com­ming therby (as I haue said) to whole Albiō, as a greater we cannot wishe. And finally we shal procure and purchase (as much as in vs lieth) such disturbance of the common­wealth, such vexatiōs, troubles, and warres, as may tende to the vtter subuersion of this Realme: from which dangers God of his great and vnspeakable mer­cie defend and pre serue vs.