A Pithy Exhortation to Her Majesty, Treatise

A Pithy Exhortation to Her Majesty · Treatise

A TREATISE CONTAINING M. VVentvvorth his Iudgement of the heire apparant.

SIR, I hauehave receaved your letters, by the which you craue my opinion for the drift of DOLMANS book, and further what I think for the perſon of the true ſuceſſor. Sir, my iudgement in my own conceit is but weak, and I wouldThe occaſion of this treatiſe. bee loath to diue into ſuch queſtions as may encreaſe my affliction. But yet as conſcience doeth binde mee to communicate my ſmall meaſure of knowledge vponupon good reſpects with al thoſe that ſeek not to entrap me, (as the late L. Chancellour did at the Counſell table) but to enforme themſelves of the right, in a matter ſo highly importing them, that they may p. 2be able to diſcerne betweene errour and truth. So I am firſt to diſcharge this duty to you, and to thoſe your freinds whom you doe mention, by reaſon of manie other great bonds. I pray you bee carefull how you impart it: the times are tickliſh, and the handling of this queſtion verie dangerous, although conſcience and ſound policie doe require that even they who forbid it, ſhould moſte of all others ſearche it out, and earneſtlie debate it: for as wee nowe finde in experience by this book, the moſt dangerous practiſe which the enemies and traitours to our ſtate could ever hauehave vſed for the vndermining of the ſame, is by ſuch ſeditious and pernitious courſes, to overwhelme the light & right of ſucceſſion, with ſo great darknes, as the iudgements not onlie of the multitude, but even of manie of the better ſort may be dazeled: and when the time of trial ſhal come, they may be ſtriken with ſuch a dump and amazement as they ſhall not diſcerne what to doe, or whom to follow. So the mercileſſe ſword p. 3ſhall giuegive iudgement with them that may be ſtrongeſt, and our country which is now populous, wealthie, & renowmed for valour, ſhal be by our owne hand diſpeopled, waſted, tread vnderunder foote, and made a by-word by the proud enemie. Al which might bee eaſilie prevented, if it would pleaſe God to moue our dread ſoveraigne to take to hart that humble petition which in the conſcience of my bounden dutie to God, her Maieſtie, and my countrie, I did exhibite to her highneſſe: and for which now I patiently ſuffer, thogh moſt guiltleſſe, not only in my own conceit, but even in the judgement of my Lorde Treſurer: who as hee affirmed at the counſell table, had three ſeverall times peruſed my book, and found no thing but what he thought to be true and ſtood aſſured would at laſt come to paſſe. But as he then ſaid her Maieſty had determined, that that queſtion ſhould be ſuppreſſed ſo long as ever ſhee lived. Good Sir, God hath his owne work going on, which no man ſhall ſtay, whither p. 4it be for our good (as I hope & moſt hartilie wiſhe or otherwaies, and on his will I willinglie reſt, that hath appointed a time for everie purpoſe vnderunder heaven.

As for the booke, this is my opinion in few words. That no man can in reaſon expecte to gather grapes of thornes, orThe authors opinion of Dolmans book. thinke anie good can be intended to our Queene and countrie by a Spaniſh harted papiſt. His name doth forewarne you of his deceite, which cleerelie appeareth in everie part of his booke. His purpoſe is plaine to worke our diſſenſion, debate and deſtruction. The booke is no fuller of lynes then of lies, which are countenanced moſt times with the credite of noble men, other whiles flooriſhed and glazed with ſentences and textes of Scripture, impudentlie diſſwading the tryall of ſucceſſion, which everie favorer of our good doth wiſh: it giveth title to manie, who hauehave no reaſon to be touched with anie ſuch matter, and cloſlie impeaches the right and governement of our gracious Queene. It is wiſelie ſuppreſſed, not for p. 5that it carries anie other force or greater matter then groſſe forgeries and palpable lies: but becauſe our people are weak and ſimple in this queſtion, and may bee eaſilie ſeduced, beeing barred to looke into it: notwithſtanding they ſtand charged by their dutie to God & their countrie, to examine and ſearch out the ſame. I hauehave not a litle ſtoode with ſome of my friends, whither this queſtion was more to be regarded then the matter of diſcipline. And I thinke by ſuch practiſes, we hauehave ſufficient proofe, that this is the foundation and pillar, on which the Realme and Religion doeth reſt. It is to no purpoſe to anſwere him, for we ſhall never be without gainſayers, even againſt the cleereſt truthes, yet in this my diſcourſe I will briefly touch in their owne places, ſome things which hee hath craftilie foiſted in, applying himſelfe cloſlie and covertlie to the diſpoſitions of our nation, eſpecially of the common ſort, that hee may the more forceablie perſwade the doubtfulnes of the right of ſucceſſion, p. 6and ſo diſtract vsus in mindes, and turne our forces againſt our ſelues. As for anie thing els that is in the ſaid booke, I ſay with Salomon, that a foole is not to be anſwered in his fooliſhnes, when the anſwering may imply ſome eſtimation or conceite of that which of it ſelfe is iuſt nothinge, but yet by anſwering may be thought to be ſomething.

For my opinion of the right of ſucceſſion, it were fitter it came after then wentThe Authors opinion concerning the true ſucceſſor which was the ſecond point that was demanded. before a Parliament, as I tolde my Lord Chancellor: for this matter doth rather require the mouth of all England, then of anie one man: yet without preiudice to anie ſecond perſon, I will tell you trulie what I doe diſcerne, and what I would ſpeake, if I were to reaſon this matter in a free Parliament. But firſt I muſt confeſſe, and you and manie of my friendes well know, that I hauehave ſomewhat fleeted and altered concerning ſome pointes of this queſtion: yet at this preſent I am of that minde, and ſo, as I thinke, ſhal be ſtil, that the right ſhall be found in this king p. 7of Scots to ſucceede to her, to whom weThe King of Scots next lawfull ſucceſſor to her Maieſtie proved by the pedegree wiſh, if it may pleaſe God, the length of Noah or Methuſelahs dayes: my reaſons I will firſt alleadge, and then anſwere to ſuch obiections as are to be met withall.

Firſt I take this grounde as yeelded, that you and everie loyal & true hearted Engliſhman will freelie confeſſe, if the Ladie Margaret, the eldeſt ſiſter of King Henry 8. were at this preſent aliue (the line of her brother ceaſing in our gratious Queene) that ſhe I ſay ſhoulde without all controverſie be received, and by all England acknowledged to be the onlie righteous and true heire to her Maieſtie, and that all others ſhould giuegive place to that her right. Now ſeeing the ſaide king is the very next in deſcent from her, & by a lawfull, vnſtained & vnblemiſhed line by both parents, what conſcience or reaſon can warrant vsus to defeat him, her next heire of that right, which by iuſt devolution is come to him, and which we (by our own confeſſions) ſtand bound to hauehave yeelded to her, if ſhee had at this p. 8day beene living to hauehave received it.

Now to come to the obiections whichObiections made by Dolman and others aganiſt the king of Scots anſwered. are made againſt this reaſon, and which ſeeme to be of ſome value, they are handled at large by the Biſhop of Roſſe in his former book, but better in a late treatiſe privilie put out in his name, and in my ſmall iudgement, wel in that book which at our laſt conference you had in your hands. I will therefore deale with ſuch points, as none of the former hauehave fullie ſatisfied, or were not acquainted with, & with ſuch as carryes ſome weight with ſome of our freinds. And theſe, Sir, are of two ſorts: either ſuch as directly aſſault his right or then ſuch as yeelding that he hath the beſt right, doe notwithſtanding maintaine that the Parliament may (for great regarde & reſpectes importing this Realme) transfer his right from him to ſome other, whome it ſhal think good to make choiſe of. The impedimentes that are alleadged to barre his right are three: the firſt generall againſt his countrie and forraine birth: the other two are particular p. 9againſt the two braunches of his fathers and mothers lines.1. Obiection of forraine birth.

The impediment by reaſon of his birth, is grounded vponupon a ſtatute made anno 25 Edwar. 3. which though by Roſſe and the reſt it bee verie well anſwered, yet two difficulties to ſuch as vnderſtand not the ſtatute, ſeeme to remain. The firſt is, that notwithſtanding divers praeſidents may bee brought of ſtrangers who hauehave obtained the crowne before the making of the ſaid ſtatute, yet none can be alleadged who ſince the making of the ſame hath got it. The other is, that her Maieſtie within theſe fewe yeeres, hath taken the opinion of ſome Iudges and Sergeants at lawe, concerning the meaning of the wordes, Enfants du Roy, which, as is ſaid they expounded to be no further extended then to the firſt degree. For anſwere to the former, the reaſon is plaine, why no ſtranger came to the crown ſince the making of this ſtatute, not becauſe the ſtatute was or could be anie let, but becauſe there was no ſtranger ſince that p. 10time before the nowe king of Scots, that coulde make anie claime to the crowne. To the ſecond, with reverence to the places of the ſaid Iudges be it ſpoken, if their reſolution was ſuch, the proviſo or exception of Enfants du Roy in the firſt degree, that is the Kings immediat children, carries neither ſenſe nor reaſon for they can not be ſaid in anie reſpect to be begotten of Parents out of the kings alleageance, being indeed begotten of the King himſelfe, of whome it were verie abſurde to ſay that hee were vnderunder or out of alleageance: but if you ſay they meant by the firſt degree the kings ſonnes children, or his nephewes, why I pray you ſhuld they more be called Enfants du Roy, then his Nephewes children, or their Nephewes, ſeeing there is the like reaſon for both. Now for ful anſwere to this obiection of his countrie, I will ſet againſt this opinion of the Iudges and Sergeants and all other private opinions or expoſitions of anie men whatſoever, a publick iudgement of the Lordes Iuſtices of both benches p. 11given in the Kings bench Term. Michael. 13. and 14. of the Queene, concerning a Scottiſh-man who was arrained in the ſaid bench vponupon an inditement of rape, & hee having pleaded, not guiltie, & a Venire facias being adwarded, a Iurie retourned, and three of his Iurie ſworne, hee did then pleade that hee was a Scot borne, and praied in regarde hee was a ſtranger (as he did alleadge for himſelfe) the benefite which by our Lawes is afforded to ſtrangers, to wit, to hauehave Medietatem linguae, that is, the halfe of the Iurors to be of his owne countrie-men. But by the iudgement of the ſaides Iuſtices hee was denied it, for that a Scot was not to be accompted in England for a ſtranger, but rather a ſubiect: and alſo that the language of the Scots is no ſtrange lāguage, but meere English. &c. And this iudgement thus given with theſe reaſons is extantTerm. Mich. 13. & 14 Reg. Eliz. 51. and to be ſeene in M. Dyers caſes, as the meaneſt ſtudēt in the Innes of Court knoweth.

Againſt his Fathers line is obiected, p. 12that Ladie Margaret Douglas his grandmotherThe 2. obiection concerneth a ſtaine in his fathers line, by alledged baſtardiſe of Lady Margaret Douglas fully anſwered. was baſe, her father Archebald Earle of Angus having a former wife at the time of his mariage with her mother the Ladie Margaret Teuther: for which cauſe alſo the ſaid Ladie Margaret Teuther did afterwardes ſue a divorce, and tooke to husband one Henrie Steward, who was afterwards created Lord Methven. For anſwere, the allegation of the former mariage, and it to be the cauſe of the divorce which enſued, cānot chooſe but ſeeme ridiculous to everie man that ſhall heare of it. For to what purpoſe ſhould ſo noble an Earle without anie cauſe hauehave formerly maried in a corner: or who will once think that his wife (alleadged to hauehave beene aliue) would not hauehave made ſome hinderance or ſtop, at leaſt ſome challenge at the time of his mariage with the Ladie Margaret Teuther. So as this Ladie might more eaſilie and honourablie hauehave ſhrunke back from the mariage and avoided it before it was ſolemnized, then to hauehave ſought to p. 13diſſolue it, it being once accompliſhed: and admit that this was the cauſe, yet it can ſtand with no reaſon that ſhe ſhould deferre it whole foure yeeres and more, and after all this while to ſeek then to be divorced from him, when he had iſſue by her. But they that are but meanlie acquainted with the Scottiſhe hiſtories knowes that this is, non cauſa pro cauſa, and that the true cauſe was, becauſe the Erle fel in louelove with a gentle woman of Douglas-dale, whome hee kept as his concubine, which his Ladie took ſo to heart, as ſhe would never be reeonciled to him after, that by this act he had defiled her bed ſuch was her Princelie minde. And it is reported of king Iames the fift that hee was accuſtomed to aske ſuch of his ſervants as were moſte inwarde with him, whither the ſaid gentle-woman were fairer then his mother. So this act of the Earle of Angus falling out about ſome fowre yeeres after the birth of the LadieSee Holinſ. compare pag. 303. with 306. in the Scottiſh hiſtorie. Margaret Douglas his daughter, can no whit ſtain or embaſe her in blood, being p. 14begot and borne in lawfull mariage.

But for further proofe of the legitimation, ſhe was alwaies by all men taken & reputed as the ſole and onlie heire to the Earle of Angus, and ſerved (as they call it) by the Scottiſh lawes to the ſaid Earedome, and had all the evidences & writtingsPag. 335. of the ſame delivered to her, as to whome of right they did appertaine. But vponupon the mariage of her ſonne the Lord Darnlie with the late Queene of Scots, ſhe was content, at the ſaid Queenes inſtance to permit and yeeld the ſaid Earledome to the diſpoſing of the Queene, according her beſt liking, which honor and Earledome the ſaid Queene of Scots did beſtow vponupon Archbald late Earle of Angus,Fran. Thyne in his ſupplem to Holinſhed. all which you may ſee at large in the Scottiſh and Engliſh Chronicles. And my Lord Dowglas, who at this preſent hath his lodging in Lyme-ſtreet, was the man, as I take it, that was ſent from the ſaid Queene to the Ladie Margaret, beeing then priſoner in the Tower, to treate of the reſignation of the Earledom, with p. 15this meſſage, It was a wel loſt Earledome which brought home a kingdom. Theſe are ſound proofes that the L. Margaret was no baſtard, and that this which is brought to impeach her legitimation, beeing truelie delivered, doth maynlie ſtrengthen the ſame. For mine own part, I make no queſtion (if her Maieſty would be pleaſed) but that my Lord Treaſurer, who hath ſifted this matter more then anie man, and who is eſteemed of all men to bee warie and wiſe enough, and not to bee any of the Scottiſhe Kings greateſt friends, would venture Sir Roberts young ſonne (though he be vnderunder yeeres) vppon Ladie Arbella, & her title, albeit it come by this onelyonly branche of the Ladie Margaret Dowglas, and come alſo even in it a degree after the king and his children. And that you may the better belieue me, I pray you be remembred what attempt my Lord made for one of Sir Thomas his ſonnes. To cōclude this point, whatſoever right my L. doth giuegive by this branch to the ſaid king collaterallie with Ladie p. 16Arbella, I ſee no reaſō why any other mā ſhould ſeek to take it from him, knowing that moſt men comes ſhorte of my Lord in the ſearch and knowledge of this matter: but verie few, or none ſhort of my L. in favour and affection towards him.

The obiection made againſt his mothers line, is not ſo much the argument of any competitor or anie of their favourers, or the doubt of anie of the skilfuller and better ſorte, as a ſcruple bred in the minds of the common people, ariſing frō I know not what buzing reporte of an act of Aſſociation, the truth of which is this. During the cuſtodie of the Scottiſhe Queene, there were diuerſe conſpiracies practized by Ieſuites, and other Papiſts & male-contentes againſt our Soveraigne Ladie, not without the knowledge and privitie of the ſaid Queene, which courſe of conſpiracies & treaſons, when the LL. of her Maieſties moſte honorable privie councell did diſcerne that they could by no meanes ſtop, ſo long as the Scottiſh Queene lived: and withall, that the only p. 17remedie to prevent them, was, that the Law ſhould take place for her triall. Yet fearing that her execution (if ſhe ſhould bee found guiltie) might be the cauſe of great ſturres & troubles by reaſon of her great factions in the neighbour Realmes, and of her favourers in this land, it ſeemed good to them, for withſtanding and repreſſing of ſuch commotions (if anie ſhoulde enſue) and for the better maintenance of the peace and tranquillitie which the ſtate did enioy, to make an act of Aſſociation, the tenor whereof, for your better ſatisfaction & further inſtruction, I hauehave thought good to ſet down at large, as followeth.

AN INSTRVMENT OF ASſociation, for the preſervation of the Queenes Maieſties perſon made An. 1584. and confirmed by an act of Parliament Anno Reg. Eliz. 27.

FOraſmuch as Almightie God hath ordained Kings, Queenes, and Princes, to hauehave dominion and rule over their ſubiects, and to preſerue them in the profeſſion and obſeruation of the true Christian Religion, according to his holie Word p. 18and commandement, and in the like ſort, that all ſubiectes ſhoulde louelove, feare and obey their Soueraigne prince, beeing king or Queene, and to the vttermoſt of their povver at all times vvithſtand, purſue and ſuppreſſe all manner of perſones that ſhall by any meanes entend and attempt any thing dangerous and hurtfull to the honours, ſtates and perſons of their Soueraignes. Therefore vvee, vvhoſe names are, or ſhall be ſubſcribed to this vvryting, being naturall borne ſubiects of this Realme of England, and having ſo gracious a Ladie, Elizabeth by the ordināce of God, our moſt rightfull Queene raigning over vsus theſe many yeeres, vvith great felicitie, to our inestimable comfort: and finding of late by diuerſe depoſitions, confeſſions and ſundrie aduertiſements out of forraine parts, from credible perſons vvell knovvne to her Maiestie, counſell, and diuerſe others, for the furtherance and aduancement of ſome pretended titles to the crovvne of this Realme, it hath beene manifeſt that the life of our most gracious Soueraigne Ladie hath bene moſt trait erouſlie and diueliſhlie ſought, and the ſame follovved moſt dangerouſlie to the perill of her perſon, if Almightie God her perpetuall defender, of his merciemercy had not reuealed and vvithſtood the ſame: by vvhoſe life vve, and all others her Maieſties true and loyall ſubiects doe enioy an inestimable benefite of peace in this land: DOE FOR the reaſons and cauſes p. 19before alleadged, not only acknovvledge our ſelues moſt iuſtly bound, vvith our bodies, liues, lands, & goods, in her defence and for her ſafety, to purſue and ſuppres all ſuch miſcheuous perſons & all other her enemies of vvhat nation or degree ſoeuer they ſhalbe, or by vvhat colour and title they ſhall pretend to be her enemies, or attempt any thing againſt her perſon, but vve do alſo think it our moſt bounden duties, for the great benefite of peace, vvealth, & godlie government vvhichwhich vve hauehave more plentifully receaued theſe many yeeres vnderunder her Maieſties gouernment, then our fore-fathers hauehave done in any longer time of any other her progenitours kings of this Realme, to declare, & by this vvryting make manifest our bounden duties to our ſaide Soveraigne Lady for her ſafety. And to this end, vve and eueryevery of vsus, firſt calling to minde the holie name of the Almighty God, do voluntarly & vvillingly binde our ſelues euerie one of vsus to the other iointlye and ſeuerallye in the bond of a firme & loyall ſocietie: And heereby ſvveare and promiſe before the Maiesty of Almighty God, that vvith our vvhole povvers, bodies, liues, lands and goods, vvith our children & ſeruants, vve and eueryevery one of vsus vvill faithfullie ſerue and humbly obey our ſaid Soveraigne Lady againſt all eſtates, dignities & earthly povvers vvhatſoeuer, and vvill aſvvell vvith our ioint as particular forces during our liues vvithstand, offend p. 20and purſue aſvvell by force of armes, as by al other meanes of reuenge, all manner of perſons of vvhatſoeuer eſtate they ſhall bee and their abettors, that ſhall by any act, counſell, or conſent do any thing that ſhall tend to the harme of her Maieſties royal perſon. And vve ſhal neuer deſiſt from all maner of forcible purſute againſt all perſons to the vttermost extermination of them, their counſellers, aiders and abettors. And if any ſuch vvicked attempt againſt her Royall perſon ſhall be taken in hand or procured, vvhereby any that hath, may, or ſhall pretend title to come to this croun by the vntimely death of her Maiesty ſo vvickedly procured (vvhichwhich God for his mercies ſake forbid) may be aduanced, We not only ſvvear and bind our ſelues, not only iointly but ſeuerally, neuer to accept avovv, or fauour, any ſuch pretended ſucceſſors, by vvhom, or for vvhom any ſuch deteſtable act ſhall be cōmitted or attēpted, or any that may any vvay claime by or frō ſuch a perſon or pretēded ſucceſſor as is aforeſaid, by vvhom or for vvhom ſuch an act ſhalbe attēmpted or cōmitted, as vnvvorthy of any gouernement in any Chriſtian Realme or ciuill ſocietie. But do alſo vovv and further protest, as vve are most bound, and that in the preſence of the Eternall & euerliuing God, to proſecute ſuch perſon or perſons to the death vvith our ioint & particular forces, & to take the vttermoſt reuenge of thē, that by any meanes poſſible vvee, or any of vsus can p. 21deuiſe, and doe, and cauſe to be deuiſed and done, for their vtter ouerthrovve and exstirpation. And to the better corroboration of this our loyall Bond and Aſſociation, Wee doe alſo teſtifie by this Writting, that Wee doe confirme the contents heereof, by our oathes corporall taken vppon the holie Euangeliſtes, vvith this expreſſe condition, that no one vsus ſhall for anie respecte, or perſons, or cauſes, or for feare or revvarde ſeparate our ſelues from this Aſſociation, or faile in the proſecution thereof, during our liues, vppon paine to be by the reſt perſecuted and ſuppreſſed, as periured perſons, and as publicke enemies to God and our Queene, and our natiue countrie. To vvhichwhich puniſhement and paines Wee doe voluntarlie ſubmit our ſelues, and euerie of vsus, vvithout benefite of anie exception to bee heereafter challenged by anie of vsus vnderunder anie colour or pretext. In vvitneſſe of al vvhichwhich premiſſes to be inuiolably kept, We do to this vvriting put our hands and ſeales, & ſhall be moſt ready to accept and admit any other hereafter to this our ſociety & aſſociation.

Dated An. Dom. 1584.

p. 22THis Act was made vp into ſeverall inſtruments, and ſent to ſeverall ſhyres for obtaining a generall approbation and conſent vnderunder the noble-mens and gentle-mens hands and ſeales, whervnto manie of a prepoſterous zeale, did redilie yeelde: diverſe of the wiſer ſort, of all degrees and ſtates of perſons refuſed modeſtlie to ratifie and confirme the ſame: becauſe by due examination hereof they perceived that the generall words therin contained might eaſilie bee wreſted to a verie hard conſtruction, contrarie to equitie, and the minds of the makers therof. And further they iudged it vnconſcionable that ſuch as might pretend title to the crowne, beeing in their owne perſons guiltie of no heinous offence, (though they by whome they ſhoulde claime were convict thereof) ſhoulde vtterlie from hence bee debarred of their right. This opinion howſoeuer it diſpleaſed men at that inſtant, yet at the Parliament enſuing the ſame being duely weighed, an act was made which limited p. 23this ſharp penalty, only to the perſons offending, without any preiudice to their heires, if they were not conſenting to any wicked act or attempt, deviſed or enterpriſed againſt her Maieſty. Which act of Parliament becauſe it ſtrengtheneth and expoundeth the former act of Aſſociation, and cleerlie diſſolveth this great doubt, which Dolman eſteemeth vnſoluble, I hauehave heer ſet down, as it is in the originall recordes.

ANNO 27. ELIZ. CAP. 1.

FOraſmuch as the good felicity and comfort of the whole eſtate of this Realn, confiſteth only next vnderunder God, in the ſuretie and preſervation of the Queenes moſt excellent maieſtie: and for that it hath manifeſtly appeared, that ſundrie wicked plots and meanes hauehave of late bene deviſed and laid aſwell in forrain parts beyond the ſeas, as alſo within the Realme, to the great endangering of her highneſſe moſt roiall perſon, and to the vtter ruine of the whole common weale, if by Gods mercifull prouidence the ſame had not bene reuealed. Therefore. for preventing of ſuch great perils as might heereafter otherwiſe growe by the like deteſtable & diueliſh practiſes, at the humble ſute and earneſt petition and deſire of all the LL. ſpirituall and p. 24temporal, and the commons in this preſent Parliament aſſembled, and by the authority therof, BE IT enacted and ordained, if at any time after the end of this preſent Seſſion of Parliament, any open invaſion or rebellion ſhall bee had or made, into or within any of her Maieſties Realmes and Dominions, or any act attempted tending to the hurt of her Maieſties moſt Royal perſon, by or for any perſon that ſhall or may pretend any title to the crowne of this Realme after her Maieſties deceaſe, or if any thing ſhall bee compaſſed or imagined tending to the hurt of her Maieſties moſt Royall perſon by any perſon▪ or by the priuity of any perſon that ſhall or may pretend title to the crowne of this Realme, THAT THEN, by her Maieſties commiſſion vnderunder her great ſeale, the LL. and others of her Maieſties priuie counſell, and ſuch other LL▪ of Parliament to be named by her Maieſtie, as with the ſaid number of the privy counſell ſhall make vp the number of 24▪ at the leaſt, having with them for their aſſiſtance in that behalfe, ſuch other of the Iudges of the Courtes of Recorde at Weſtminſter as her highneſſe for that purpoſe ſhall aſſigne or appoint, or the more part of the ſame Counſell, Lords, and Iudges ſhall by vertue of this act hauehave authoritie to examine al & everie of the offences aforeſaid, & all circumſtances thereof, and thervpon to giuegive ſentence or judgement, as vponupon good proofe the matter ſhall appeare vntounto them. And that after ſuch ſentence and judgement given & declaration thereof made and publiſhed by her Maieſties p. 25proclamation vnderunder the great ſeale of England, ALL PERSONS againſt whome ſuch ſentence or judgement ſhall be ſo given and publiſhed, ſhall be excluded and diſabled for ever to hauehave or claime, or pretend to hauehave or claime the crowne of this Realme, or of any her Maieſties Dominions, any former Lawe or ſtatute whatſoever notwithſtanding. And that therevpon all her highnes ſubiects ſhall and may lawfullie by vertue of this act, and her Maieſties direction in that behalfe, by all forcible and poſſible meanes purſue to death every ſuch wicked perſon by whome or by whoſe meanes, aſſent, or priuitie, anie ſuch invaſion or rebellion ſhall bee in forme aforeſaid denounced to hauehave beene made, or ſuch wicked act attempted, or any other thing compaſſed or imagined againſt her Maieſties perſon, and all their actors, comforters and abettors.

If anie ſuch deteſtable act ſhall bee execute againſt her Maieſties moſt royall perſon, whereby her ſelf ſhall be taken away (which God of his great merciemercy forbid) that then every ſuch perſon by or for whome, anie ſuch act ſhall be executedMark this clauſe. * and their iſſue beeing in anie wiſe aſſenting & privie to the ſame, ſhall by vertue of this act bee excluded and diſabled for ever to hauehave or claime or to pretend to hauehave or claime the ſaid crowne of this Realme or anie other her Maieſties Dominions, &c. AND TO the end the intention of the Lawe may bee effectuallie executed, if her Maieſties lyfe ſhall bee taken away by anie violent or vnnatural means (which God defend)

p. 26BE IT further enacted by the authority aforeſaid, that the LL. and others which ſhall bee of her Maieſties privie Counſell, at the time of her deceaſe, or the more part of the ſame coūſel joining to thē for their better aſſiſtāce, fiue other Earles, & ſeuen other LL. of Parliam▪ at the leaſt, (foreſeeing that none of the ſaide Earles, LL. or counſell be known to be perſons that may make any title to the croū) chooſe perſons which were chief Iuſtices of either bench, maiſter of the Rolles and chiefe Baron of the Exchequer, at the time of her Maieſties death, or in default of the ſaid Iuſtices, maiſter of the Rolles, and chief Baron ſome other of thoſe which were Iuſtices of ſome of the Courts of record at Weſtminſter at the time of her deceaſe, to ſupply their places, or anie 24. or more of them, wherof eight to be LL. of Parliament, not beeing of the privie counſell, ſhall to the vttermoſt of their power and skill, examine the cauſe and manner of ſuch her Maieſties death, and what perſons ſhalbee any way guiltie thereof, and all circumſtances concerning the ſame, according to the true meaning of the Act▪ and therevpon ſhall by open proclamation publiſh the ſame without any delay by all forcible and poſſible meanes proſecute to death all ſuch as ſhall be found to be offenders therein, & all their aiders and abettors. And for the doing whereof, and for the withſtanding and ſuppreſſing of any ſuch powers and force as ſhall anie way bee leuied & ſturred for the diſturbance of the due execution of this Law, they ſhall by vertue of this act hauehave power and authoritie not p. 27onlie to raiſe and vſe ſuch forces as ſhall in that behalfe be needfull and convenient, but alſo vſe all other things and meanes poſſible and neceſſarie for the maintenance of the ſame forces, & proſecution of the ſame offenders. And if any ſuch force ſhall bee levied or ſturred in diſturbance of the execution of the Law by any perſon that ſhall or may pretend anie title to the crown of this Realme, whereby this Law may not in al things be fullie execute, acording to the true effect and meaning of the ſame, THAT then euerie ſuch perſon ſhall by vertue of this act bee excluded and diſabled for ever to hauehave or claime or to pretend to hauehave or claime the crowne of this Realme, or of any other her Maieſties Dominions, anie other forme, Law, or ſtatute whatſoever to the contrarie.

BE IT further enacted, &c. That all and everie the ſubiects of her Maieſties Realmes and Dominions, ſhal to the vttermoſt of their power aide and aſſiſt the ſaid Counſell, and al other the Lords and other perſons to be adjoined to them for aſſiſtance as is aforeſaid in all things to be… done and executed according to the intention & effect of the Lawe. And that no ſubiect of this Realme ſhall in anie wiſe bee impeached in bodie, lands, or goods, at any time heereafter for any thing to be done or executed, according to the tenor of the Law, anie Law or ſtatute heertofore made to the contrarie in any wiſe notwithſtanding.

And whereas of late manie of her Maieſties good and faithfull ſubiects▪ ha… in the … of p. 28God, and with the teſtimonie of good conſcience, by one vniforme manner of writing vnderunder their hands and ſeales, and by their ſeverall oathes voluntarilie taken, joined themſelues together in one bond & aſſociation, to withſtand to the vttermoſt all ſuch malicious actions and attempts againſt her Maieſties Royall perſon. Nowe for the full explaining of all ſuch ambiguities and queſtions, as otherwiſe might happen to grow by any ſiniſter or wrong conſtruction or interpretation to bee made or inferred of or vponupon the words and meaning thereof: BE IT DECLARED and enacted, &c. That the ſame aſſociation, and everie article and ſentence therein contained, aſwell concerning the diſallowing, excluding, and diſabling of anie perſon that may or ſhall pretend anie title to come to the crowne, as alſo for the purſuing and taking revenge of anie perſon for any ſuch attempt, ſhall, or ought to be in all things expounded and adjudged according to the true intent and meaning of this act, & not otherwiſe, nor againſt any other perſon or perſons &c.

p. 29THeſe acts of aſſociation and ParliamentDolmans ignorance. are by Dolman confounded, as if they were both one, vncertain, whither of groſſe ignorance or deep malice. In the margent hee calleth them the ſtatute of aſſociation, whereby if he meane the act of aſſociation ſeverallie, it ſeemeth he knew not the ſtatute which expoū deth the act, and giveth it the force that it hath, and without which it may be as lightlie reiected, as it is by him weightily vrged: for it is well knowne, that by this act of aſſociation all were not bound, ſeeing manie refuſed to ſigne and ſeale the ſame, doubting what particulars might be carried vnderunder generall tearmes. Next, theſe inſtruments bound onelie the parties agreeing, of whom a great number are now dead, whoſe heires ſucceeding to their fathers places in the commonwealth, muſt alſo renew in their own perſons their fathers bonds, before the ſame proue anie thing preiudiciall. Thirdlie, manie did yeeld for feare or facility, who without all queſtion for ſuch like reſpects p. 30will be alſo content to yeeld to the contrarie. Laſtlie, it was a private order, and no act of Parliament, & therevpon could be of no force or ſtrength to binde as a law, before it was confirmed by Parliament. And to yeeld a little further, thogh all the hands and ſeales in England had beene got to it, yet it coulde not trulie hauehave beene got to it, yet it coulde not trulie hauehave beene eſteemed or thought to be, or hauehave the force of an act of parliament, ſeeing they were not freelie and iointlie given, but ſecretelie and ſeverallie vrged and begged: whereby it is manifeſt that this matter is more in ſhew and report, then in ſubſtance and effect.

Again, if by this ſtatute, he meane theOrmalice. act of Parliament ratefying and allowing the act of aſſociation, he manifeſtlie bewrayeth his impudencie and rooted malice againſt the Scottiſh king, in miſalleaging the words of the ſtatute: for whereas the ſtatute bindes not the heires of anie that ſhoulde attempte or procure the Queens death, or be privy or acceſſory to the ſame, to anie penalty of loſſe of their p. 31right, claime, title, pretence or action, that they hauehave or may hauehave to the crown of England, vnleſſe they be conſenting there-vntounto. On the contrarie, Dolman wittinglie and willingly, againſt his own conſcience (as it ſeemeth) perverteth the ſtatute, and in alleadging of it, leaveth out that clauſe, which he knewe woulde make moſt againſt him, and cleerelie diſſolue that doubt, which before he iudged to admit no ſolution.

But without doubt, if Dolman was impudent in falſifying the ſtatute, he will peradventure be nothing aſhamed to advouch, that the Scottiſh king was privie to his mothers conſpiracies, thereby to make that clauſe (of the heires not conſenting) fruſtrate and of no benefite to him. A ſhameleſſe perſon may affirme what he will, but this were an hard matter to proue, and contrarilie, it is an eaſie matter to diſproue it: for who knoweth not that this were a moſt malicious ſlander, ſeeing in all the examinations & depoſitions of ſuch as were convicted for p. 32her actions, nothing could be found that might ſound that way: neyther indeede was it poſſible: for the actions of the mother and the ſonne was ſo farre different, as the Eaſt is from the Weſt: the one a papiſt and a maintainer of ſuperſtition: the other a proteſtant and enemie to all ſuperſtition: the one adhering to that which was falſely called the holy league: the other puklikely oppoſed himſelfe to the ſame, and motioned a counterleague: the one a follower and favourer of the houſe of Guiſe, the moſt pernicious enemie that Engl. had in their time, the other in a manner ruled & governed by our Soveraigne, the ſureſt and firmeſt friend ſhe hath in Europe, as plainlie appeared An. 1588. And brieflie the whole frame & courſe of their liues was in ſome ſort one oppoſite to the other.

But to proceede further, though I ſhoulde admit that this clauſe were left out, and that the ſtatute, as Dolman alleadgeth, tooke hold, not onlie vponupon the parties offending, but alſo vppon their p. 33heires, yet the Scottiſhe king can not be preiudiced in this caſe of the crown, if he may hauehave the benefit of the like preſidēts to lean vntounto, that others before him hauehave had, without fetching forrain examples, which might be infinitelie alleadged: I will content my ſelfe with the proofe of that which I affirme in two kings of this realme of late memorie, Edwarde 4. and Henrie 7. who were by Parliaments attainted, and holden convicte of high treaſon, notwithſtanding this was no impediment or hinderance to them to barr them from enioying the crowne when their time came. I am not ignorant that it was aunſwered by ſome concerning them two & ſuch others, that they came to the crowne as being called by Parliament, and not by any vertue and force of their right. But it may be more trulie replied to thē that they tel but a tale: for all Engl. knoweth that they came in before they were ſent for by Parliament, & claimed it by ſword before they were called or then they might hauehave gone without p. 34it for ever. Nay, the Parliaments did no otherwiſe admit them at all, but in regarde of their rights and claimes. And who doubts that the houſe of Huntington ſhould hauehave good right, if the former rights were ſpent and ceaſed, notwithſtanding the moſte of them by whome it doeth claime, were by King Henrie the eight, and his father King Henrie the ſeventh for treaſons cut off, & their attaindersMargaret counteſſe of Salisburie & her ſonne Henry Poole. allowed by Parliament. I think verilie the Scottiſhe King is to looke for no leſſe favour then ſo lately her Maieſties grand-father & great grand-father hauehave had: yea, and all they which ſince that time without any queſtion or impeachement hauehave enioyed the ſcepter by them, and which others may hope for if it ſhall come to their turne. And the rather that his louelove to our Prince and countrie, and the friendſhip and amitie by him maintained hath bene firmer and ſurer during all his raigne, then it was in the time of any his progenitours, notwithſtanding hee hath had greater occaſions of greevances, p. 35and they more bonds which might hauehave tied them vntounto vsus. M. Bowes making relation of ſome of the Kings Chriſtian ſpeeches, proteſted, that hee hath heard the King ſay manie times, that he would not be touched ſo much as in thought with a deſire of her Maieſties death, if it might gaine him the preſent poſſeſſion of all her dominions: yea of all the realmes and kingdomes of the world. And he added further that he heard him diſcourſe moſt wiſelie and religiouſlie of the impietie and madnes of ſome men, who by the iuſt judgements of God hauehave defeated themſelves for ever, of that, which in due ſeaſon they might hauehave come vntounto, if they had not followed perverſe and wicked courſes to compas it, before the juſt time at which they ſhoulde hauehave got it. Laſtlie, to admit with Dolman that this ſtatute was good and of ſufficient force to barre the Queene of Scots, and all ſuch as might claime that way, yet all this cannot defeate or hinder the Scottiſhe King of that right p. 36which commeth in to him by his father, and which hath the firſte and next place, if his mothers title ſhould abate and ſurceaſe, as I hauehave alreadie ſufficientlie prooved.

But this abuſe and deceiving of the common people by miſ-reporting the tenor and intent of the act of Aſſociation is (by the like meanes of whiſpering and muttering in the eares of the ignorant) ſeconded with an other ſuggeſtion and ſlander more groſſe and impudent then the former, for the better perſwading & helping forwardes (as it may ſeeme) of the other error. So as both of them doth appeare to bee derived from the ſame fountaine. And this is it forſooth, that as the Scottiſhe King is debarred from theThe opinion of conferring to the Queen by Parliamēt the eſtabliſhing of the ſucceſſor by her laſt will confuted. crowne by one act of Parliament, ſo her Maieſtie by another act of Parliament hath the diſpoſing of it referred to her laſt will, of purpoſe to defeate the ſaide King, as they would beare vsus in hand. As though her Maieſtie were deprived of memorie and reaſon, and had quite forgotten p. 37the fruit of ſuch pretended willes of her noble brother and father, or delited to followe and embrace ſuch courſes by which her ſiſter and ſhee, were like to hauehave loſt their kingdomes, liberties and lives: or that through ignorance ſhe doth vnderunder-goe too weghtie a burthen for the whole kingdome to beare: to wit, to diſpoſe of the crowne by diſcretion, and ſeeth not, that ſhe doth ſowe the ſeede of horrible miſeries, which are to ſpring & grow from ſo crabbed and wicked roote. But if they will not hauehave her ſo forgetful and ſenſeleſſe, as I am ſure they will not, then are they more iniurious to her: who doth make her to ſeeke purpoſelie to embarke her moſte faithfull and loyall ſubiectes in moſte furious and raging ſeas of dole-full calamities after her death, whome ſhe hath bene ſo carefull to preſerue in all her lifetime: and withall will hauehave her (contrary to al her moſt princelie courſes) to bee more led with an vniuſt reſpect of ſome perſon, her affection, or will, then to be ruled with the due regarde p. 38of good right, the true heire, equitie, and reaſon. They deſerue ill her gracious favours who weigh not (ſo as their lies may take place) how highlie they derogate from her ſacred honour. Howe deepelie they impeache her of falſhood in violating her promiſes and leagues, made and ratified with the Scottiſh king, and his mother, and ſo often renued before moſte honourable witneſſes of both the Realmes, and by manie Embaſſadors at ſeveral times. I mervaile ſtrangely how they can bee ignorant of her Maieſties moſt excellent and moſt wiſe ſpeech delivered to Metland the Scottiſh Embaſſadour concerning this ſame purpoſe, about the third yeere of her raigne, which is extant to the view of all thoſe that can or will read the ſame, both in our Chronicles which are Cum Privilegio, and in the Scottiſh Chronicles permitted to be vſed heere freelie of all men. Her ſpeeches were ſo Princelie and royall, and ſo manifeſtlie knowne both to the Engliſhe and Scots, that Buchannan (though heeLib. 17. p. 39was a Scot) coulde not chooſe but ſet them down in the ſame words, and with the ſame grace, to her highneſſe eternal praiſe & commendation. I will alleadge ſome few ſentences onelie in the authors owne wordes, which may ſerue to cleere this matter which wee hauehave in hande, Si quid (ſaieth her Maieſtie to theThe Queenes ſpeech Engliſhed. If it ſhall pleaſe God to cal mee, yet your Queene ſhall never find that I hauehave done any thing which may hurte or impare, that right which ſhee claimeth to the kingdome of England in a… i…te. And I call God to witneſſe the hearer of this our conference, that I know none, next to my ſelf, whom I can preferre before her, or if the matter ſhoulde come in controverſie, that can debar her. You knowe what the Competitor, are: vponupon what confidence of ability or power can thoſe ſimple things attempt ſo high a matter? And I doo highlie commend the wiſdome of your nobleme…, that woulde both provide providently for their owne ſafetie. and avoid by almeanes the effuſion of chriſtian bloode, which I confeſſe could not be ſaued if anie faction ſhoulde oppoſe it ſelfe in the claime of the kingdome. But where is that faction, or by what cō fidence of any power can it preſume ſo to doe. Scottiſh Embaſſadour) mihi humanitùs acciderit, nunquam tamē illud cō periet (Regina vestra) quicquam à me factum fuiſſe, quod ius (illud) quod illa ſibi in regnum Angliae eſſe aſſeverat, aliqua ex parte laedat aut im…inuat, &c. And a little after. Ac Deum praeſentem nostri ſermonis arbitrum teſtor, me neminem ſecundum meipſam noſſe, quē illi praeferam, aut ſires in controverſiam veniat (qui) eam poſſit excludere. Tu qui competant noſti (inquit) quibus tā dem opibus, aut quavirium fiducia miſellae illae cantam rem attentabunt, &c. And in the conference of another day. Nec minus prudentiam (procerum vestrorum) amplector, quod & ſuae ſecuritati proſpiciant, & à fundendo Christian… ſanguine abhorreant: cui fate p. 40or parci non poſſet, ſi qua factio ſe obi… ceret quae regnum ſibi vendicaret: Sed quae tandem illa erit, aut quibus viribus freta. And ſo foorth in the whole courſe of her moſt Princelie ſpeeche. By which, Sir, you may better diſcerne and learne from her Maieſties owne mouth, then you can by any mal-contents malicious ſuggeſtion. Firſt, what is her opinion concerning the perſon of the rightfull heire, which doth not ſlip from her vnawarres, and not thinking of it, but is deliberatlie and moſt adviſedlie delivered, accompanied with an atteſtation of God the hearer and witnes of that conference. Secondlie, that ſhe doth not at all diſlike the deſire of the Scottiſh Queene, ſeeking to hauehave her right made knowne, for the avoiding of bloodſhed, and ſuch other good reſpectes: notwithſtanding ſhee refuſed to yeelde to the demand for manie reaſons by the authour mentioned. Thirdlie, that by her iudgement al the reſt of the Competitors (which wer thē ſtronger, wiſer, & much more popular p. 41then they that are now) were vtterlie of no power or force, to matche or encounter with the Scottiſh Queen. Fourth lie, that ſhee verie well did diſcerne and foreſee what merciles effuſion of Chriſtian blood would enſue, if any Competitor ſhoulde bee ſet vp againſt the true heire. Laſtlie, moſt Princelie promiſes never to impare or impeache in anie io…e the Scottiſh Queenes right. Therefore the impietie of them (who woulde burthen her highneſſe with ſuch diſhonorable practiſes contrary to her princelie worde) is no leſſe damnable then the indignitie offered is puniſhable, for that they make her who is and hath beene ever accounted by al eſtates (according to her Poſie Semper eadem) moſt conſtant,The Queenes poſie Semper Ead…m. and faithfull in all her promiſes, and leagues, princelie and vprightlie minded in all her ſpeaches, pretences, and actions, and the verie patterne of true clemency, for that they make her I ſay wavering, vnfaithfull, periured, deceitfull, and the onelie plotter and contriver of p. 42the cauſes and grounds of moſt bloodie warres, which by her owne confeſſion muſt fall out amongſt faithfull Chriſtians, and ſuch true hearted ſubiects who hauehave tendered no thing ſo much, as her ſafetie and life. To percloſe this treatiſe for his right, if we may giuegive any credite to her Maieſty (who is more to be beleeved and reſted vponupon in this caſe then any ſubiect in England) the Scottiſhe King needes not to diſtruſt the ſtrength of his title, or to feare any diſhonorable or vnconſcionable courſes, that ſhall at anie time proceed from her Maieſtie.

The impediment of king Henrie 8. his will is aunſwered by Roſſe and the reſt, whom I hauehave alleadged: other ſurmiſes of recordes reſerved and laide vp, I know not where, to his preiudice, becauſe the oppoſers did eſteeme them to bee but waking dreames, and not worthie to bee alleadged, I likewiſe paſſe them over, as not worthie to be aunſwered, thinking them in this reſpect wiſe that they peſtered not their treatiſes with knowne vntruthes p. 43and lies, to the diſcredite of theſe thinges, which otherwiſe might carrie ſome colourable ſhewe, and they could not be excuſed of a groſſe overſight, who ſtoode ſo much vponupon teſtaments & willes if there had beene anie likelyhoode of a better recorde.

Now I come to the other ſort of arguments which do maintaine that notwithſtandingDolmans reſpects anſwered and retorted. his right be the beſt: yet the high Court of Parliament may lawfullie giuegive it from him to ſome Engliſh-man, whome for the reſpectes enſuing it ſhall thinke fitte to make choiſe. Firſt there be manie Engliſhe Competitours who wil hardly indure a ſtranger to be preferred before them, for that they ſhal never be freed from his ielouſie, which cannot be without the danger of their liues, the diſturbance of the quiet and peace of the realme, and that to fortifie himſelfe againſt them, he ſhal needs be conſtrained to bring in forraine forces. Secondlie, all Engliſh-men wil follow Engliſh competitours, for we cannot patientlie brooke p. 44(ſay ſome) the government of ſtrangers: and ſo ioining together for our countries ſake, wee neede not to feare, but that wee ſhall be ſtrong enough againſt the Scottiſh king and all his confederates. Thirdlie, the two Nations are ſo alienated 3through their long and mortall warres, as they will never agree. Laſtlie, which 4is a mayne point, the Scottiſh king will be more affected to his owne, & advance them to places of chiefe credite & countenance about him: ſo as the greateſt cōmoditie that Engl. can look for is like to be the increaſe of more ſubiects. For the better cleering of theſe incōveniēces which in deede make great impreſſions in the mindes of manie Engliſh-men, I will handle theſe three thinges in order. Firſt, whither for the alleadged reſpectes a Parliament can hauehave that power to take from him his right. Secondlie, whither theſe reſpectes or inconveniences alleadged are like to proue true. Thridlie, to whom (if not to him) it can be given, with the avoidance of theſe ſame p. 45or the like, or rather greater.

Firſt, for the power of the Parliament,The Parliament cannot by any authority it hath take away a Kings right to the crown. according to the bounden duetie of a faithfull and loyall ſubiect, and the place which I hauehave beene vouchſafed in it. I do acknowledge, and from my hart confeſſe that it is moſt ſacred, moſt ample & large and hath prerogatiues and preheminences farre aboue anie Court what ſoever, which is eſtabliſhed by God vnderunder the heavens. But yet with the confidence of a good conſcience I am bold to advouch that which is the ground and foundation of al diſputation in the Parliament houſe to witte, That the power and authoritie which it hath, is ſtraightlie ſtinted & defined with the limites & meeres of iuſtice and equitie: and is appointed by God, as the power next to himſelfe to reforme and redreſſe wrongs and outrages which can not be holpen by any other meanes, and by good and wholeſome lawes to procure the peace and wealth of the Realme. So as, the neerer it is to God, the more ſound, ſincere and vpright it ought p. 46to be, beeing the Court of moſt pure and exquiſite iudgement. If therefore by preſumption of the great power and authoritie which it hath, it doe iniurie to anie man, or doe tranſgreſſe the bondes of right, I ſay this tranſgreſſion is accounted of before God, not as the ſinne of one private man, one Prelate, noble-man or Citizen, but as a combination & conſpiracie of all the Prelates, noble-men & Citizens, yea, and of all the people of the whol land, to pronounce for pure iudgement, heynous iniquitie from the bench of higheſt Iuſtice. To this I adde further, that a Prince which hath the right (as we ſpeake) of God, he is the ordinance, not of anie man, but of God, appointed and ſubſtituted by God himſelfe, as his deputy for the maintenance of his truth, and to miniſter Iuſtice according to the good and wholeſome lawes of that land over which he doeth place him. Theſe grounds thus laide, I ſay, if the religious and wiſe king of Scots (having this right of God, as the alleadger of theſe inconveniences p. 47doe admit) be willing to governe vsus according to our owne lawes (as no queſtion he will) it were the higheſt iniuſtice that England could do, for ſuch ſurmiſes of imagined inconveniēces feared to enſue, to goe about to offer or doe to him that wrong, which is appointed, yea before God, in reſpecte of his right annointed to bee the chiefe Officer and miniſter of Iuſtice and right to everie of vsus after her Maieſtie. So the wickednes of this fact ſhall abound in this, if wee take from him his beſt right, who ſhould preſerue vsus from all ſorts of wronges. But ſome hauehave anſwered, that the Parliament may and hath taken the rightfull lands and liuings of men, and hath repealed the acts & ſtatutes of former Parliamēts. To this I replie, that as in a naturall bodie no man can be allowed to cutte off a member for blemiſhe or imperfection: but is eſteemed wiſelie and rightlie to take that member away▪ which without the helpe of ſuch remedie was manifeſtly diſcerned to endaunger the reſt. So the p. 48members of the politicke bodie may vppon the like reſpect of daunger, and not for likelyhoodes and imaginations, or ſurmiſed inconveniences (ſuch as the alleadged) are take away the lands, liuings, yea, or life of anie ſubiect. But where is this danger to be ſhewed here? ſeeing he will peaceablie governe vsus, with the preſervation of our religion and lawes. And to ſay ſomewhat further, though our parliament may hauehave that power over every Engliſh ſubiect, as well competitours as others, to take or keepe backe from them (becauſe they are vnderunder our power, beeing members of our owne bodie) that which otherwiſe is their due and right. Yet it is to be doubted whither it may likewiſe take or keepe backe his good right from the Scottiſh king, who is no ſubiect, neyther anie member incorporated with vsus, but is the heade of an other politicke bodie. And this is a doubt, or rather Iudgement of ſome of the beſt divines in England.

Againe, whenſoever a Parliament is p. 49ſaid to hauehave taken away mens lands or livings, or to hauehave repealed anie act or ſtatute of a former Parliament, it is euer to be vnderſtood of lands, livings, and actes, which did concerne private men & not Princes. To whome whatſoever hath beene given by a free and lawfull Parliament, to ſtand and to remaine to them and their heires, I think you ſhal not find altered or taken away by another free Parliament, vnleſſe it were with the conſent of the ſaid Princes, or their heires to whome it was formerlie given: take for example the reſignation of Richard the ſecond. And therefore I take this for a ſure and ſound principle: If all the people of the whole Realme by common & voluntarie conſent, for themſelves and their poſteritie, do transferre and ſurrender the government of themſelues and their ſtate into the hands of ſome choſen man, to bee governed by him and his heires for ever, according to ſuch and ſuch lawes, as they ſhall agree vppon, or hauehave alreadie eſtabliſhed: that they cannot p. 50in reaſon (if he be willing to preſerue their lawes) thinke, that that power doth yet reſt in themſelues, of which by conſent of all the people iointlie giving, and the Prince receiving, they had formerlie diſpoſſeſſed themſelves. And if this bee true Par non habet poteſtatem in parem, then much more this, minor non habet in matorē. And by conſequence this poſterity thus diſpoſſeſſed of the power and intereſt of beſtowing the right, cannot make voide the act of their anceſtors, in whome the ſaide power and right was actuallie and reallie, to diſpoſe of their government before they beſtowed it. Neither can the act of the reſt of the members without the head & againſt it, be of that power & force that the ioined act of the head and whole members together is. For further proofe heereof, when the whole line of Salomon ceaſed in Ieconias, coulde all the Iewes in the world by anie act, hauehave given the right of the title frō the houſe of Nathan? Though Salathiell the next ſucceſſor of his line was about 38 degrees p. 51diſtant from the ſaid Ieconias, and the ground of his title aboue 400. yeeres old (and might therefore hauehave bene weaker more litigious, doubtfull and obſcure, then it can be in the Scottiſh king, who is but the fifth in diſcent in direct line from the roote. Nay the ſame Ieconias before his deliverance out of priſonM. Broughton (as is well declared by our famous countrie-man) appointed the ſaid Salathiel to be his heire apparant, for which reſpect the Scripture ſpeaketh of him, as of leconias ſonne, ſaying that hee did beget him. And the ambition of the Machabees, vſurping (not without the pretence of manie worthie reſpects) the gouernement and ſword in the weakneſſe of the houſe of David, eſcaped not an horrible judgement of God, who gaue them vp to ſlaughter and murther one another, & to be led with the ſprit of errors and doctrine of Devils. Alexander one of their kings beeing a Saducie (as manie more of them were) killed 50000. Phariſies. Antigonus another king died with torment. p. 52of conſcience, & vomiting blood. Iudas and all his brethren fell by the ſword, others were poiſoned, almoſt none died but by violence. And thus by God the revenger of the oppreſſed, that ambitious, though valiaunt, familie which againſt right had exalted it ſelfe, was headlong throwne downe and brought to a moſt ſhamefull and miſerable end. By all which it is moſt evident & plaine, that not Iudas, or Simeon Macchabeus, becauſe they were valiaunteſt▪ and for many true and good reſpects ſeemed fitteſt at that time to hauehave protected & releeved the oppreſſed and diſtreſſed ſervants of God: but ſome Matthan or Ioſeph (though verie poore and baſe) becauſe they were moſte rightfull to the crowne, and they being rulers appointed by God ſhould hauehave had the governmēt and guiding of Iuda. And ſo Sir, to make an ende of this firſte reaſon, I pray you thinke with your ſelf if it ſhould fall out, that the Parliament for manie reſpectes ſhould beſtow the crown quite contrary p. 53to the expectation of theſe men, who ſtand ſo preciſely for the abſolute power and ſoveraignetie of it: imagine, I ſay, that ſuch a thing fel out, do not you think that the caſe would be altered with them and perhaps, then would bee more bent againſt it, then nowe they are for it, this beeing alwaies ſuch mens deſire to hauehave the Parliaments followe them, and not they the Parliaments. But the meaneſt & ſimpleſt in al the land knowes this much I hope, that the wiſeſtmen of the Realme are choſen out and ſent to the Parliamentes, not to determine or eſtabliſhe whatſoever they will, but to adviſe, diſpute and diſcerne what in reaſon & conſcience they ought & ſhould determine and conclude.

Secondly, that the Parliament cannot 2defeat the lawfull ſucceſſor, is plaine by the iudgement of the Parliament it ſelfe: which in the coronation of any King or Prince, giueth not this reaſon of his preferment▪ becauſe it ſeemed good to the Nobles and commons ſo to do, and ſo to p. 54advaunce him: but quite contrarie, becauſe hee is next and true heire and ſucceſſour to ſuch or ſuch a Prince of late & famous memory, therefore it is his right that the & none elſe ſhould be advanced. As who would ſay: he is not heire or ſucceſſor becauſe the Parliament declareth him to be ſo, but becauſe hee is ſo, therefore it is that the Parliament by right ought and doeth declare him to bee ſo. Which ground and reaſon of the Parliaments dooing is ſo apparant and plaine, that the verie vſurpers, who were otherwiſe ſequeſtred from all reaſon & right, thought it not ſufficient to be eſtabliſhed and confirmed by Parliament, vnles they had ſome ground or ſhewe of ſucceſſion to warrand it withall. So Henrie the fourth did more reſt vponupon the blind pretence of a claim by Edmond crook-back, then vppon the voice of the Parliament, though it were ſtrengthened with the reſignation of Richard the ſecond. Alſo Richard the third rather then hee woulde hauehave bene without ſome ſhew of ſucceſſion, p. 55howe bare and weake ſoever, didSir Thomas More in the ſtorie of his raigne. chooſe to cauſe proclaime at Paules Croſſe, his mother an harlot, & his brethren baſtards. And thus hee ſought the kingdome no otherwiſe, then by right of ſucceſſion, as doeth plainlie appeare by the determination of his coūſell, Doctor Shawes preaching, & the Duke of Buckinghames ſpeech in King Richards behalfe, to the ſame effect. By which you ſee, that even in the conceit of the vſurpers themſelves, the moſte lying, infamous and falſely forged pretence of next and moſt lawful blood, is to be preferred before any Parliament, as beeing the ground and warrand for iuſtifying and cleering the acts and doings of the ſame And if the crowne might be lawfully given at the pleaſure of a Parliament, what reaſon is there to call Rich. 3. or any ſuch others, vſurpers: for they cannot deſerue ſo odious a name, receiving the crowne no otherwiſe, then at the hand of the parliament. To ſhut vp this ſecond reaſon, vnles the right of ſucceſſion were a thing p. 56impregnable by any Parliament, by what reaſon, or with what face could the Duke of Yorke or Edward the fourth, ſo boldly & confidentlie hauehave claimed the crown in the verie Parliament it ſelfe. Or howe coulde the Realme of England hauehave adiudged it to them, which by ſo many parliaments going before had bene confirmed to three ſeverall Kings of the houſe of Lancaſter.

My laſt reaſon (which I pray God everie man whome it doeth concerne may take to heart, and chieflie they who are ſet at the helme) is brought from the lamentable and bloodie fruites which wee hauehave reaped by ſuch baſtard ſucceſſion eſtabliſhed by Parliaments. Theſe dolefull remembrances ſhould now make vsus wiſe leaſt in the end we be taught by the miſtreſſe of fooles. Of al theſe that ſince the daies of the Conquerour hauehave wrongfullie attained to the crowne, and hauehave had it confirmed by voice of Parliament, who is almoſte hee or ſhee, that hath not beene forced to leaue it, with an expiation p. 57of blood. I doe heere referre mee to our Chronicles, to the vſurpers, their adhaerents and complices, and to a migh tie number alſo of the guiltleſſe and better ſide. Yea who doth not know that this manner of wrongfull intruſion into the higher powers and places hath often times procured rightfull Kings vponupon ielouſie and ſuſpicion to cut away ſuch of their own blood, as they did feare would take advantage of the like courſes. To conclude theſe my reaſons concerning the limited power of the Parliaments, I beſeech God, that they may rather ſeeke to maintaine their honorable power, by dooing that which is conſcionable and right, then to bolſter out wrong by the ſtrength of their power, ſeing there is no wiſdome nor counſell, nor any ſtrength of man that can prevaile againſt him who doth over-rule all things by his omnipotent power.

It followeth next to examine the reaſons, for which ſome Engliſh-man may be thought fitter to be advanced to the p. 58government of the realme: notwithſtandingInconvenience, objected by Dolman in admitting the King of Scots to ſucceede, refuted it be yeelded that the king of Scots hath the true right. The firſt is this, there be manie Engliſh competitors, who will not indure a ſtranger to be preferred before them, for that they ſhall never bee free from his ielouſie, which cannot bee without the hazarde of their liues, the trouble of the realme, and that to fortify himſelf againſt them, he ſhall needes be conſtrained to bring in forraine forces. To theſe points I do anſwere: firſt, that he is no ſtranger as is alreadie proved, and if 1his right bee from God, all the competitors (though they were a thouſand more then they are) ſtand bound to receiue him, vnleſſe wilfullie againſt their conſcience they wil ſeeme to become adverſaries 2both to God and man. Secondlie what if he do anſwere that hee will hauehave them to indure him to guide and to rule them, and that he will be more vnwilling to for goe his right at their vniuſt oppoſition, then they will to yeeld it to him at his iuſt demand. Thirdly, the more competitors p. 593they bee, for them it is ſo much the worſe, for a kingdom devided againſt it ſelfe cannot long ſtand, ſo as this obiection maketh more againſt themſelves & our Realme, then againſt the Scottiſhe King: for whoſoever get the victorie, wee are ſtill overthrowne, and this is the onlie meanes that will weaken them all. Fourthlie, if anie of them ſhould wrongfullie 4attaine to it, is it like that he would truſt the reſt of the Competitors or their familiars? Nay, as Salomon ſaith, a guiltie conſcience doth feare where there is no cauſe, much more would he I trowe, that ſhould come by it wrongfullie be afrighted & trubled dayly, to behold ſuch eie-ſores, who wer ſet for his kingdom & life. The regarde of their country, kinred or acquaintance woulde but little perſwade him or them to truſt the one to the other: for according to the old proverbe, a crowne will know no kinred. And it is probable that the reſt of the competitors if they muſt needs go without it, will forgoe it ſooner to him that hath the right, p. 60then to anie man elſe, eſpeciallie he beeing a king, and of ſuch favour, force and affinity with our neighbour Princes. But moſt of all, for that they may well thinke if they do not cleaue to him, yet there be manie others of their countrie that will. Fiftlie, I confeſſe there be more that are 5called Competitours then I wiſhe there were, but I ſtand fullie aſſured that none but one can hauehave the true right, & therefore who ſoever hath it not, if he can ſee it, and be wiſe, will follow him that hath it, that he may ſatiſfy his conſciēce when his cauſe is good, and prevent the ielouſie and overthrow, which now he doeth, or hereafter may feare when the true ſucceſſor ſhall come by his right. Sixtlie, 6though the competitours bee manie, yet they are nothinge ſuch, as within theſe few yeeres they hauehave beene: yea they and their favourers (of whome there was manie valiant and wiſe) are ſo removed by the will of God and taken out of his way, as it may ſeeme that there is a mightie providence of God ſtrongly working for p. 61him to defend him in his right. Seventhlie, 7the way for the Competitours to bee freed from ielouſie, is to preſerue the publike peace of the countrie, as is pretended, and to avoid & eſcape the forces and tirannie of ſtrangers is, not to refuſe him his right, but rather chearefullie & before all others to further him to it: for if they who ſhould be his own do wrongfullie reſiſt him, who can iuſtlie blame him, if he take the aide of ſtrangers, and if by ſuch meanes the peace of the realm ſhould be diſturbed, the cauſe of it is not in him, that askes nothinge elſe but his owne, but in them, who againſt all equitie refuſe to giuegive him the ſame. Woulde to God we could weigh and conſider this in reaſon, that they are moſt worthie to dwell ſtill in trouble, who wittinglie and willinglie are readie to procure it. Laſtly ſeeing the troublers of their own houſes 8ſhall inherite the winde, the competitors if they hauehave a minde to enioy their livinges, liberties and liues, are rather to ſeeke inſtantlie that by a lawfull Parliament p. 62the title may be tryed, & given to whom of right it doeth belong: for the throne is not eſtabliſhed by iniquitie, but hee ſhall beſt brooke it who ſhoulde hauehave it by right. By this meanes the competitors ſhall be ſecured, the ſeate of the Prince more fortified, by his good title beeing acknowledged and confirmed in Parliament, then ever it could bee by anie forraine forces: all parties ſhall bee pleaſed, and both theſe noble realmes which doe at this preſent enioy the light of the goſpell, ſhall be ſatiſfied and ſetled in peace and tranquillitie.

The ſecond reaſon that is alleadged in transferring the right of the Scottiſhe 2king to ſome Engliſh-man, is this▪ Al Engliſh-men will follow Engliſh competitors (for we can not brooke well the government of ſtrangers) and if wee ioine faſt together for the countries ſake, wee ſhall be ſtrong enough againſt the Scottiſh king and all his confederates. For anſwere, If wee may beleeue the Spirit of God, they that hauehave thus percloſed their p. 63reckonings ſhall finde themſelves ſhort of the iuſt accompt: for when the wayes of a man are acceptable to God, hee will make all things in league with him: yea, and his verie enemies to become his friends. If therefore the king of Scots do follow a good cauſe by good and lawfull meanes, I doubt not but many thouſands will follow him, which wee hauehave not as yet thought of. And ſeeing the verie heathenAriſt. 1. …thi…. Philoſopher preferred truth before his deareſt freends, hauehave wee anie reaſon to imagine that faithfull Chriſtians in worke of iuſtice and equitie will endure to be coūted worſe then the faithles heathen. What? will they hazarde their conſciences for louelove of their countrie-men? That competitor ſhall not be well adviſed, that truſteth any follower, who hath more regard of his countrie then conſcience. The wiſe will be loath to buy grievous repentance at ſo high a rate. Secondlie, ſay (Sir) that all the Engliſhmen 2follow Engliſh competitors, yet we hauehave ſome reaſon to doubt of the Welſh-men, p. 64who are not ſo much led with affection to vsus, as they are carried to him with the louelove of their ſuppoſed kinred and blood, and poſſeſſed with the credite of their old prophecie bookes. And whome (may we ſay) doe theſe Engliſh-men followe, whoſe leaders beeing competitors doth adhere to the king, eyther for hatred of the other, or for conſcience, or for feare, or for hope. Yet I admit he get neither Engliſh nor Walſhe, but that both of them ſticke faſt to the Engliſh competitours, and ioine all their endevours and forces to aid and aſſiſt them. Are wee not then ioined together, like ioined ropes of ſand? We doe make a badde choiſe, mee thinks, to ioine vsus to them, that cannot be and will not bee ioined to themſelues: no, not ſo much ioined as the legs of ironDan. 2.Dan 2 and clay. And it may ſeeme a ſtrange paradoxe to a man of vnderſtanding, that rather then we would be friends and ſubiects to the Scottiſh king, we are content to be adverſaries and enemies to our ſelves: and ſo as wee may avoide him, care p. 65not to be overthrowne. For though he & his confederates ſhould willingly forgoe vsus. wee are never a whit the better. Nay, then much worſe, for by that meanes the queſtiō of the Competitors is put further of from an end. The reaſon is plaine, if the firſt right and beſt bee diſplaced for ſome reſpectes, will there not be as great or greater reſpectes found againſt the ſecond & third. I durſt pleadge my head, that there woulde not bee wanting ſome great and popular perſonages, who with ſome reſpecte or aſpecte to themſelves woulde alleadge greater reſpects againſt all the Engliſh competitors then anie of theſe be which are alleadged againſt the king of Scots. And thus by the competitours and their complices, without the helpe of the Scottiſhe king or his confederates, wee are made ſtrong enough to deſtroy our ſelves for certane reſpectes. For remedie of this inconvenience, if the right be his, I thinke that conſcience & our naturall affection to the ſafety of our ſelves and our countrie ſhoulde make vsus p. 66moſt willingly and heartily receaue him: of which there may bee the better hope conceived, for that our nation is of it ſelf more enclined to the ſubjection of our Prince, to obedience to our lawes, to reaſon and to right, then anie other people which is betweene the two poles. And who can ſay for certaine whither manie hauehave not alreadie received him in their heartes? The ſurmiſes for it are great. What ſhould make vsus thinke but that Proteſtants would embrace him for louelove of Religion? Both Proteſtants and civill Papiſts (as I may tearme them for conſcience they hauehave none) for a regard of his right? the reſt of the Papiſts for feare of an heavier yoak? (for none of thē could ever expect greater favour at anie ſucceſſors handes, then at his, who hath already ſhewed himſelf too too remiſſe in puniſhing ſo manie of his owne ſubiectes of their profeſſion: neither is there any cō petitor a Papiſt of whome they might look to attaine their deſires.) Laſtlie, the Neuters for hope of advancemēt which p. 67they louelove as their God, or for feare to hazarde and periſh their eſtate, which they ſhunne and hate as the Divell, woulde a thouſand to one ſooner ſubmit themſelves, then in vaine oppoſe to both the other two. And to conclude this inconvenience, though hand ſhoulde ioine in hand to commit iniquitie, yet the Lorde of Hoſtes hath meanes to diſſolue, caſt down, caſt away, and to deſtroy: for what the Lorde ſtandeth for, no Policie ſhall ſtop it.

The third reaſon for giving the crown to ſome Engliſh-man from the Scottiſh King is, the naturall averſion of the two nations, which (as ſome do affirme) will never agree though they were made one To this I anſwere, that it is a bare preſumption without any good ground or warrant. Nay, the contrarie is true as we al ſee: for during her Maieſties moſt happie government, we and they by meanes of the league and amity of the two Princes hauehave ſtil maintained brotherly friend ſhip and peace, in ſo much that the remembrance p. 68of our olde enmitie is almoſt vtterlie vaniſhed and gone. Now if the concord and league of the Princes hath bene able to make and to continue vsus both quiet after this ſort, why may we not much more bee linked in a mitie and ſound friendſhip, when of two nations we are made one, by the vnitie of one & the ſame Prince, ſeeking with an indifferent affection the quietneſſe and peace of both Realmes, as beeing one, like to him ſelf?

Secondlie, this reaſon of the prognoſticated diſ-agreement to diſſwade their vniting, is in effect, and doth ſo ſound in my eare, as if one ſhould ſay: This ſick & diſeaſed man wil hardlie brooke his Phiſicke, though he ſhould be made to take it, therefore if you will be adviſed by mee you ſhal miniſter him none: which argument ought rather to bee inverted & turned over to this forme. Theſe two Realmes could never hitherto agree becauſe they were ſtill kept as two: therefore to worke and ſettle their agreement, it is abſolutelie p. 69ſolutelie neceſſarie, that they bee vnited in one, that the ground and occaſion of all the warres being taken away, al their contentions and battels may likewiſe ſur ceaſe. But if any man be ſo weake to beleeue, that becauſe the diſcorde of the two Nations hath bene great: therefore their agreement can never be firme: he might by the ſame reaſon think, becauſe we hauehave fought more battailes, and had bitterer warres, againſt and amongſt our ſelves, then ever wee had with the Scots: that therefore the concorde and peace which our Nation did enioy vnderunder our Soveraigne Queene, it cannot be ſound, and that it were much eaſier to make a perfect amitie and vnion with the Scots, then that wee coulde be brought to bee faithfull and true hearted friendes with our ſelves. Well, the times and ſeaſons doe change, and all thinges doe by them alter and turne, ſo as nothing can poſſiblie ſtand at one ſtay, except that God, that turneth the wheeles of all thinges, ſtay the ſame: we are therefore to labour p. 70to change to the beſt, and ſeeing by Nature we are ſo careleſſe to be conſtant in good things, let vsus never endevour to be conſtant in bad things: for he that by diverſitie of Religion can ſet the father againſt his owne ſonne, can by the power and efficacie of his true Religion make of mortall enemies moſt faithfull friendes, and having ſo made them, hee can continue them ſo. Let God be iuſtified in his truth, and men manifeſted to bee lyars: when God is obeyed and his ordinance followed, it ſhall hauehave a bleſſing, contrarie to the expectation of men: for it is to be thought, that he may moue the harts of anie ſubiects, who doth at his pleaſure command the hearts of all Princes. And trulie in the ſight & iudgemēt of man, it may ſeeme that at this preſent God hath a purpoſe to vnite vsus, having in his providēce diſpoſed of ſo many effectual means amongſt vsus, all which do concurre moſt forciblie to accompliſhe that worke, vnitie of true Religion (which never doth want the bond of the ſpirit) vnitie of language, p. 71likenes of diſcipline and manners, the long peace and concorde of the Princes and countries, the often & next deſcent of the Scottiſhe king from the bloode royall of England, his rare wiſdome and louelove of Religion, with ſound knowledge and iudgement in matters of the ſame, doeth divine ſome extraordinarie charge & imployment from God, (for graces are never given but to fitte ſome place and calling anſwearable to them) the propagation from vsus of manie of their nobleſt families, and no ſmall number of their meaner houſes (which doe carrie our ſurnames to this preſent day) doeth in a manner invite vsus to bee of one familie or houſhold. The removall of the moſte wiſe, heroicall and popular competitors and their favourers, which might hauehave oppoſed, doeth ſmooth and plaine a way for him to come in. And the two countries, by ſeas not diſ-vnited, but making one Ilād, doth wiſh the two nations to make vp one people. Other means there are, which I doe heere omit, of p. 72which a part are verie well ſet downe in the late Scottiſhe proclamation (full of affection and louelove to vsus) ſet out for making preparation againſt the Spaniards, and for the maintenance of peace of the borders, penned (as I am crediblie informed) by the king himſelfe.

The laſt inconvenience which is alleadged to be mervailous, and to bring more contempt & danger to the Engliſh ſtate then all the other three, is this. The Scottiſhe king will be more affected to the Scots, and will advance them to the chiefe places of credite and confidence about him: ſo the Engliſh which hath hitherto beene accuſtomed to command and rule other nations, and not to obey or be ruled by anie, ſhall become ſubiect not only to the king, but alſo to the Scots whom once they did conquere. And this no Engliſh heart can indure. Beſides the greateſt commoditie that England can looke for, is like to bee none other, then the increaſe of more ſubiects. If this were true, as it is alleadged, it were contempt, p. 73domage and danger I confeſſe, and could no waies be pleaſing to any Engliſhman to be ſubiect to thoſe whome they count their inferiors. But it may be more trulie anſwered thē it is obiected, that we need not doubt of his future affection, whoſe favour from time to time hath beene formerlie proved by good evidences, to all ſuch of our nation as hath ſtoode in need of it. I hauehave heard divers of them openlie confeſſe, that they had better hearing more gracious aunſweres, and ſpeedier diſpatches from him, then anie of his owne ſubiectes coulde get, or yet they themſelves could ever get of the Queen: and ſpeciallie one, whoſe ſute (for an other Engliſhman that was committed to priſon and condemned to be hanged) the king (though much buſied) patientlie heard, red his petition, and (proteſting that he had rather hang twentie of his owne knaues, then the poore man ſhould take anie harme) gaue preſent direction for his enlargement, though manie reaſons were alleadged to the contrarie by p. 74ſome of his Nobility that were moſt gracious with him. This matter fel out verie lately as he that heard it of the petitioner himſelf did aſſure me. Yet this is nothing in reſpect of that which hee hath ſhewed during al the ſpace of aboue twēty yeres. So as I hope hee is of that princelie nature that wee ſhall never be able to overcome him with kindenes. And I woulde know what iuſt occaſion hauehave we thus to imagine, and thus to gheſſe what his affection and inclination muſt bee at anie or at all times hereafter: as though everie man without poſſibilitie of divorce were ſo wedded to one affection, that no thing could alter or change it: when as we ſee that men of wiſdome and of vnderſtanding doe rule and frame their affections according to the better reſpectes, and as they ſee greater reaſon. Therefore wee may the more ſafelie conclude, that hee that is now perhaps more tenderlie affected to his owne, becauſe he is more bounde to them by the rules of conſcience and nature, will hereafter be more, p. 75or at leaſt no leſſe affected to vsus, if there be the like or greater reſpectes and precepts of conſcience and nature why hee ſhould do ſo. Neither can his preſent affection and favour be a ſufficient rule or ſquare, by which you may meaſure and iudge what his affection ſhall bee at all times to come. We are fully & throughlie taught, even by the inſtinct of nature, that the vileſt monſter which ſhe bringeth out, or the cruelleſt beaſt which ſhee nouriſheth, will favour and fane vp thoſe of whome they hauehave good. And will not he to whom the heavens are ſo beneficiall in furniſhing him with rare graces and gifts of bodie and minde, advaunce, preferre, and make much of thoſe, who hauehave or ſhall chearefullie and willinglie advance & preferre him before al others, even of their own nation. To whom (may we thinke) can hee more ſafelie commit his perſon & his ſtate, then to them who for the confidence and aſſurance which they doe repoſe in him, hauehave committed to his truſt, their livinges, liberties, liues, p. 76and all that ever they can hauehave. Nay, it is wi…hout all queſtion, that he who is ſo often, and by both his parents deſcended of Engliſh blood, wil in England becom Engliſh and a favorer cheiflie of Engliſhmen, according to the ſpeech (if not the prophecie) of his moſt noble aunceſtor, King Henrie the ſeventh, who in anſwere of the ſame doubt affirmed to his honorable counſell, that he made no queſtion if any ſuch thing ſhould fall out, but the Scottiſh king beeing (as all Princes are by their royall nature) enclined to Maieſtie, to ſtatelines, to eloquence, to policie & to civilitie, ſhould frame and conforme himſelfe to the better countrie, & be taken with a liking of the more honorable diſcipline, faſhions, and carriage of England, the rather for that hee hath ſo ample and large a rewarde propoſed to him for the ſame. The meaneſt Scottiſhmen that are ſetled in England are content to forget their countrie, kindred, & Parents, and to frame and apply themſelves vntounto vsus, that they may freelie enjoy p. 77their poore condition or calling. And is it like that hee who may ſtill retaine his ſubjectes, his countrie, his Queene, and children, will not apply himſelf to vsus, in our lawfull and honourable deſires, that hee may rule vsus? Likeneſſe of manners doeth conciliate and faſten affections. Therefore for mine owne part I doubt not but ere he hauehave beene any long time with vsus, he ſhall be ſo wonne to vsus, & engliſhed with vsus, by our naturall and reverent obedience to our Prince aboue other Nations, and by al the verteous and commendable parts of our civilitie, that Scotland ſhall hauehave more cauſe to feare their ſubiection to ſome Engliſhe deputie, then wee hauehave nowe to feare our ſubiection to the Scots. Trulie I mervaile not a little when I do conſider how vnwilling and froward wee are to receiue that kingdome beeing offered, which we hauehave fought for moſte egerlie for manie hundreth yeers. Is not this the way to ſubordinate (if not to ſubdue) to vsus, that people by policie, whome wee p. 78coulde not by force? Who beares the loſſe when we get the gain? They depart with the beſt member that their bodie can afforde, that they may become one bodie with vsus. And to ſpeake as I thinke, in taking their King wee take alſo their kingdome, which was wiſelie foreſeene of the afore-ſaid Prince, who ſtoode perſwaded that the worthier kingdome would annexe and drawe to it the leſſer and weaker, and for the ſame purpoſe his moſte famous ſonne King Henrie the eight did earneſtlie affect and go about at ſeverall times, by promiſes, policies, giftes and threatninges to vnite the two Realmes, and their two Princes: firſt, when, with the allegation and aunſwere of this our doubt, hee made offer of his onlie daughter and heire Ladie Mary to king Iames the fift, (the place of Holinſ. is worth the reading) And after when he ſought in mariage for Prince Edward his ſonne, the young Princeſſe the late Queene of Scotland: ſo as the refuſall of the firſt, and breache of the laſt beeing p. 79once agreed vppon, was the occaſion of bitter warres, and great blood-ſhed betweene the two nations. And nowe the difference is no other then this that wee did ſeek before to annexe them vntounto vsus, and that they do ſeeke now to be annexed vntounto vsus. Therfore the ods is ours that they who did latelie refuſe to giuegive vsus their Queene, are now moſt willing and content that wee doe take their King. Wherein, in my opinion, we ſhould bee as forward to receiue them, as they are willing to make offer of themſelves, ſeeing it is plaine by proofe of experience, that we ſhall no leſſe keep our preheminence aboue the Scots, though wee ſubmit our ſelves to the Scottiſh king, then wee hauehave kept it to this preſent day over the Walſh-men, notwithſtanding wee did ſubmit our ſelves to King Henrie the ſeaventh. Yet on the part wee are not to think or expect, that he will quite abandon or baniſh them frō being about him, for that were rather to rent them of from vsus, then to encorporate them with p. 80vsus in one Politicke bodie.

The ſecond point for the commodity it will bee much more then the bare encreaſe of ſubjectes, if the opinion of a moſt faithfull and wiſe counſeller (as any this land hath) may hauehave anie credite with vsus: who thought it the onlie ſafetie of England to ſtand fullie aſſured of our back dore. And indeede wee had never more neede to hauehave it faſt, then at this time being environed and compaſſed about with ſo manie malicious and hatefull enemies, as in a manner having no faſter friends then ſuch as are our friends for their owne advantage: which giveth me occaſion to diſtruſt greatlie this new confirmed league with the French king, which (notwithſtanding I wiſhe it may ſtand alwaies inviolable) yet I greatlie feare by the preſident of former experience that it will no longer ſtand then the Frēch-mē may ſee how to help themſelves better by newe friendſhip, be it withThis prophecv of that prudent man is now prooved true. Spaniards or others. And if we account it a great benefite that the Scottiſh king p. 81is not our enemie in theſe broken times, is it not to be eſteemed a thouſand times a greater benefite to hauehave him made as faſt and ſure to vsus, as if he were our countrie-man or natiue Engliſh-man borne, and one of our ſelves, and that we be encreaſed and made vp with the acceſſe of his ſtrength and kingdome, by which we ſhall be ſo fenced and fortreſſed on that quarter without our charges, or imployment of our men (as now we are forced to doe) that no port or part of Engl. ſhall be ſurer. Nay, whereas now we are driven to ſeeke the amitie, and in a ſort beg the favour of forrain nations, yea, of the heathen and Turkes, and with infinite charges and loſe of our men, to entertaine their friendſhip, beeing once enlarged and ſtrengthened with the forces & power of Scotland, wee ſhall not neede to currie favour with Mahomet or Muſcovite, or weigh the diſpleaſure or offence of all the Princes in the world. And Ireland, which (now ſtealing furniture and proviſion of munition from thence) doth p. 82with flaſhing flames of rebellion, conſume our people and emptie our coffers, ſhall then (being not onelie deſtitute of that aide, but having it all emploied againſt it ſelf) be content with leſſer charges then the owne revenewes to bee ruled and to be kept in loyall obedience, having England on the one ſide, & Scotlād on the other to command it. Thus our treaſures & powers ſhalbe encreaſed, our people ſpared, our ſubſidies eaſed, & our charges abated. Laſtlie the encreaſe of ſubiectes, which ſome eſteeme but as a matter of ſmall or no importance. I affirme it to be the greateſt cōmodity that anie kingdome could ever afford. I hauehave for my warrat the words of as wiſe & rich a king as ever did raigne, who ſayeth not,Prov. 14 28.Prov 14:28 that wealth or riches, but that the multitude of ſubiectes are the honour of the Prince, and that for the want of ſubiects cōmeth the deſtruction of a Prince. That is, the multitude of ſubiects is the riches, ſtrength, power, protection & ſtay of the kingdome, and it is the cauſe of al things p. 83for which any ſtate is honored & renowmed: & for wāt of thē ſubiects any kingdome or ſtate doth decreaſe & decay fró the glory and honour of the forenamed things: for any Politicall ſtate is called in the Scripture a Prince, or King, and allDau. 8. 22. theſe things that are accompanied with honor, or that procure the ſame are called alſo by the name of honor. If therefore the right bee his, let vsus ſtand perſwaded though all the world would ſay the contrarie, the onlie way to attaine to riches, honor, and all kind of commodities is for conſcience ſake to yeeld to him his right For he that cannot lie hath ſaid, Godlineſſe is great riches, & bringeth the contentation of minde: & in obedience to God there is wonderfull gaine. So to finiſh this part of the pretended inconveniences, I ſay, that everie worldlie cōmoditie hath ſome diſcommodity, & inconveniences may be alleadged againſt the beſt actions and purpoſes that any man coulde ever hauehave intended or done: but this si a ſound Maxime embraced by all p. 84men: that, Any inconvenience is rather to be admitted then a manifeſt miſchief.

Now let vsus ſee what he is, or where he is, that may bee thought fitter then the Scottiſh King, to carrie the ſweigh & the burthen of the Realme. An Engliſh-man he muſt bee, for it were too too bad, yea intolerable to defeate the King of his right, and to giuegive it to a ſtranger. Which therefore of the Engliſh competitors is of that extraordinarie wiſdome, ſpirit, action, favour with the nobilitie & commons, power and force, who ſhalbe able with louelove or feare to lead & drawe after him all the reſt of the competitors? To mannage our ſtate, yea our troubled ſtate at home, to wage warres with the Scottiſh king, & with all the reſt of our enemies abroad? Or what reſpects hath anie of them all, for whoſe ſake all wee ſhould vndertake ſo hard a matche, as to encounter with God? It is not my meaning to ſeek the diſgrace, or to lay open the weakneſſe of any noble perſonage: but if it be true, that men of good credite (who hauehave p. 85reaſon to know him) doe confidently report: All our Engliſhe competitors if in all kinde of reſpects they do freelie yeeld to him: yet in my iudgement they ſhall doe themſelves no wrong. And I thinke that many of the ſtate (if not al) be much of my minde, for they think and call the Scottiſh king too deepe, for his ſingular wit & wiſdome as it ſhould ſeeme. As for the hidden reſpects of our Engliſh competitors, what ſhould we talke of them, ſeing they came never yet to the tryal: they ſhould much better appeare, if the beſt reſpected of them all, or they all iointlie had his place for a few yeeres to rule the vn-rulie Scots. It were then to be feared, that for want of reſpects, without any reſpect the Scottiſhe prickers would ryde them: yea, I perſwade my ſelf it were by great ods a better choiſe for them to ſeek out this new kingdome of Guiana, or to raigne in Vtopia, then to vndertake the handling of ſuch a heady people, though they had this advantage that they were Scottiſh-men borne. Yet he almoſt from p. 89his cradle hath kept them in by feare, by authoritie or policie: hee hath revenged the oppreſſed, repreſſed mightily their deadlie feedes, & hath puniſhed moſt ſeverelie the mightieſt offenders All this hath hee done with that liking and good louelove of his people, that none of his aunceſtors ever had: and there is ſtrong hope that he will continue to do ſo ſtill. Further to leaue the Scottiſh king, if they be compared with themſelves, and (al their reſpects being laide in true ballance) be vprightlie iudged, which of them for reſpects ſhal go beyond the reſt? will not every man think himſelf as fit as any other. And if the matter go not by mens right, but by their reſpects, is there not ſome men in Engl. that wil look to be as much reſpected, yea and a great deale more, then any of them all? Some men may anſwere, that the Parliament will decide it. And who ſhall call this Parliament? Or at whoſe commandement will the ſtates aſſemble? for after that her Maieſt. breath is out of her bodie (as the Erle of Leiceſter p. 87did not ſtick to tell her) her highnes privie councell, then is no more a councel. And I wiſh that all the counſellers & all the Nobilitie do not finde themſelves otherwaies buſied at that time, then to be calling of Parliaments. Yet admit that the councel may be moſt willing, that it may be a councel ſtil, and hauehave both the power and meanes to call the ſaid Parliament: what? will we indeed be ſo ſtout as to call in queſtion, and handle that matter then? which as we plainly do profeſſe we are afraide to touche nowe? or will the longeſt ſword & greateſt power giuegive place and permit it to be a free Parliament? Yet I will alſo yeelde that it may bee ſo, though the like were never ſeene nor heard of before. When the Parliament is ſet, will the matter then be preſently cleered? no obiection made? no ſtop, hinderance, inconvenience, or reſpect alleadged againſt the firſt by the latter cōpetitors? al without interruptiō wil go on peace-ablie? And the Scottiſh king (belike) will bee ſo ſaint-hearted as hee p. 88dare not to demand his right then, notwithſtanding that by everie of his Embaſſadors almoſt, hee renueth his claime now? Hee nor his friends will make no manner of ſturre in the North, becauſe he is, forſooth, too weake to matche any of the Competitors that bee nowe, notwithſtanding that by the skilfull & wiſe iudgement of her Maieſtie in the third yeere of her moſt happy raigne, the com petitors that then were could not in reſpectof favor or of force be compared to his mother. No man wil preſume to proclaime him, till ſuch time as they ſhall heare what will be the reſolution of the Parliament, whither it is given to ſome that he can like of or not. Neither York, Berwick nor Biſhoprick, nor no place els there will receiue him: he muſt therefore keep himſelfe cloſe, becauſe the matter doth not concerne him. All the Welſh gentlemen, as degenerated, will diſ-regarde their kindred, & whollie abandon him. Naturall blindnes or fooliſhnes is to be pitied, but wilfull blindnes and fooliſhnes p. 88is to be condemned. Yet to goe a little further. When the Parliament hath ſaide and reſolved, will they all indeede take it for a finall iudgement? Nay I warrant you: All the Competitors that miſſe of the crowne, will bee highly diſpleaſed, and a great manie more that can pretend no claime: and it is like that all theſe will plainly diſclaime it, and call it vnlawfull, and there will not be wanting ſome, that for privat reſpects wil egge on the competitors to take exceptions againſt it. Heere it may be imagined, that the Parliament will carefullie and providentlie provide for ſuch iſſues: either by taking recognizāces of great ſummes of the parties grieved for the keeping of the publick peace, or pledges for their loialty to the new elected Prince: or in caſe they refuſe theſe things, by cōmitting thēſelves to priſon: A iolly roūd tale to remedy the matter, if they did forfeat their bonds in what court ſhould they ſue them? for it carrieth no ſenſe, to thinke that they will anſwere in the lower Court, who do diſclaime p. 90the higheſt: and take the beſt pledges that they can giuegive, will they bee more carefull of them, then deſirous of the kingdome? But it might bee, that they would find meanes to ſet them at libertie, and if that ſhoulde not fall out ſo, durſt the king elected, in caſe of rebellion, execute the pledges, or when they were executed, were he then anie ſurer? Nay, I dare aſſure you, in a more dangerous caſe: for the execution of great perſonages is never free from hatred & envy. The committing of themſelves, I confeſſe, is the onlie way, if it hauehave this Proviſo, that all their adherents, favourers & friendes bee at once laide vp with them. And who ſhall commit all theſe, and to what priſones? for it is like they will bee much about two parts of England. The Lord graunt wee deceiue not our ſelves with our owne conceits: for our comfort or helpe that we may looke for, to come from other nations, it will be iuſt none at all. Rebellion in Ireland, all in armes in Scotland, God knoweth what in Wales. p. 91And if anie realm ſhould aide vsus, al their aide muſt be this, that by their helpe wee are furthered to roote out ourſelves: warres ſhal devoure everie-where, & our ſafetie ſhall be no-where. The Proteſtant ſhall yarne for the bloode of the Proteſtant & the papiſt & athieſt for the blood of them both: no regarde ſhall be had of profeſſion, ſexe or age. And, which of al miſeries is moſt dolefull and lamentable, wee can no ſooner expect an end of this tragedie, then our realme, or rather both realmes be vtterly exſtirped and brought to an end. For the Scottiſheking can not in anie reaſon, thinke himſelfe or his poſteritie ſure, ſo long as their profeſſed enemie or anie of his poſterity ſhall raign kings in England, ſeeing he that taketh a mans living, will alſo ſeek to take his life, if he may come by it. And on the other part, the king of England muſt think that he ſtandeth moſt ticklous and ſlippery, ſo long as either the Scottiſhe king, his poſteritie, complices, or anie other of the competitors doe liue, according to the p. 92ſpeeche of the Poet, Nulla fides regni ſocijs. Then we which cannot nowe be content with the ordinance of God, ſhall ſuffer againſt our willes the luſtes and pleaſures of men: for beeing enemies to our ſelves & to God, how can we thinke that others will be our friends? Then for our prophaned Sabothes we ſhall hauehave Sabothes enough: and a number of vsus, who are not moved with this queſtion now, may perhaps then for the ſame, and, it may bee in the maintenance of the wrongfull querrell be brought, not to reſt & lay downe our bodies in honorable peace in our anceſtors graue, but to be buried in the bellies of the beaſts, or in the mawes of the fowles of the aire. I am grieved to thinke or to talke of this lamentable ſubiect, it may pleaſe God that I ſhal not liue to ſee it debated. Therefore to ſurceaſe moreSo it pleaſed God to call him to his hevenly kingdome in the time of his impriſonment in the Tower, where he was committed writing of that which both mine eares do tinckle to heare: I will giuegive you that counſell and adviſe, which I could wiſhe (if it pleaſed God) all England did take, to witte. That ſeeing they who are bound p. 93in conſciēce to cleare this queſtion, hauehavefor making petition to hauehave the title to the crowne decided by Parliament. forſaken and abandoned it, and that the tryall of it muſt certainelie come (the Lord knoweth how ſoone) and that every man is to ſatisfie his owne conſcience, becauſe he ſhall bee accountable for his owne doinges: that therefore I ſay, you would never giuegive ſleepe to your eies, nor ſlumber to your eye-lids, till ſuch time as by conference with the moſt wiſe and religious (who will make conſcience of their ſpeeches) by ſearche, by reading, & by all other poſſible meanes, you hauehave ſatisfied your ſelf concerning the true titler. For I would bee loath that this my opinion ſhould be a ground for you, or for others to reſt vppon: Wiſe men will build their actions vponupon knowledge, & not do as beaſtes doe, goe, whither they are led. A foole (ſaieth Salomon doeth beleeue every thing, but the wiſe wil conſider his ſteps, and will worke by vnderſtanding. It is the wiſdome of the prudent to vnderſtand his way: but the fooliſhnes of fooles is to be deceived. Good p. 94Sit, if you doe ſee or diſcerne more then I, bee willing for conſcience to communicate it with friendes, for all doe ſtand bound to yeelde to better reaſon. And they that hauehave any means of knowledge vouchſafed them from God, ought to vſe them to the beſt benefite and inſtruction of others, & this they ought to do while they breath in this life: for there is neither conference, nor adviſe, nor counſell in the graue, whither wee muſt goe. By theſe meanes having the bleſſing & direction of God we ſhall notſtand amazed, and as out of our wits in the day of triall, but by certainty of knowledge & perſwaſion of a good conſcience ſhall cleaue & ioine our ſelves to the beſt right. A man halfe warned, is whollie armed: but the armour of a good conſcience is like to a braſen wall. Having thus both attained to this knowledge yourſelf, and for conſcience ſake holpen others to the ſame, the ſecond, third, fourth, fift, & all the reſt of the parts of mine adviſe are, that ſtoutlie, and with a good & honeſt heart you p. 95follow the knowne trueth, without any reſpect of country, or kindred: for he whom we are to preferre before our children & wiues, hath aſſured vsus that the vprightneſſe of the vpright ſhall guide his way, & that the wicked ſhall bee taken in his owne wickedneſſe: That a man ſhall not be eſtabliſhed by wickedneſſe, and that the roote of the righteous ſhal not be remooved. So to conclude mine opinion & to make an end of this Treatiſe, I had rather chooſe to die in defence of the good right, then once wiſhe to liue to maintaine a bad quarrell. The Lord onlie wiſe, mercifull, and gracious cleare our vnderſtandings & minds in this caſe, and ſtrengthen and direct all our hearts, that wee in obedience to him, may giuegive the crowne and Realme with cheerefulneſſe and peace to that man, to whome he hath beene pleaſed to giuegive the right.

Amen.

FINIS

End of the text · Peter Wentworth, A Pithy Exhortation to Her Majesty (1598)