And so to the Matter .

Touchinge the First . It is notorious and well inough knowne , that when Charles Brandon Duke of Suff . maryed with the Lady Mary the Frenche Q. that he had then an other Wyfe lyvinge , which was the Lady Margaret Mortimer , with whome after mariage he lived dyvers yeres as lawfull Man and Wyfe : and after upon certayn discorde betweene theim , of his owne motion , without any fourme or maner of lawfull judgement , that he seperated him selfe from her and forsoke her . And what rashnes or rather foly may it be comptid , to reply or wryte against so manyfest a troth with conjectures ? as to say , it is not likely that K. Henry wold ever have consented that his Sister should mary one which had an other Wyfe lyvinge . Since that ther is yet so meny lyvely Wittnesses , the which of certeyn knowledge can be Testes , The saide Charles matchid with the Frenche Queene 1515. She died Anno. 1532. La . Mortimer died An. 1533. that Charles Brandon and the Lady Mortimer wer Man and Wyfe , and have seene and did know the Lady Mortimer longe after the mariage , yea , and peradventure after the death of the said French Q. And touchinge the K. although it is to be thought , that yf he had known that the Duke had had an other Wyfe lyving , that he wold not have consentyd that his Sister shold have maryed him : It might be notwithstanding full well , and it is possible that yet he had one , and that the Kinge mought not know thereof . For as Princes have ben the greater or the mightier , so much the lesse , comonly , have they ben wontyd to understand of the doinges in such maters of pryvate Persons . But in this case ther be as perfecte Clerkes , and of as goode understandinge as any were , at th' advise of these Bookes abrode , that ar of opinion certen , that the French Q. and the Duke wer matchid before the Kinge was prevy thereof : and some Pardon or Pardons obteyned for the same , upon small search , may happen to be founde that may testifye as much ; and of necessity , we can no otherwyse thinke , but that it was so : Synce that as much as is sayd of the Lady Mortimer , may be affirmyd by the sayd Witnesses as a thinge most certeyne and notorious . The which beinge true , then is it certeyn that the Lady Mary , the said French Q. cold not be his lawfull Wyfe . And that the said Charles , Duke of Suff . could not lyve with her but in Adultery . For the wordes of the Lorde be playne . Mar. 19. & Marc. 10. Quicunque dimiserit uxorem , nisi ob fornicationem , & aliam duxerit , maechatur . Et qui dimissam duxerit , maechatur . Nowe that one borne in Adultery , and notwithstanding is legitimate , that cannot be : And therefore the Lady K. beinge comme of one not legitimatly borne , cannot inherite , or be capable of the Crowne . And heerin it is to litle purpose to cavill with Canons or Decretalles of the Pope , against the playne and manifest Word of God , from whose usurped Power , as this Realme is most happely delyvered ; so hath his Lawes in the same loste their force and vigore . But admitte that the Pope's Lawe had in England any Authoryte , at least it shuld be an impious thing in what place soever it wer , where the Worde of God is so cleere and certen , to sticke rather to the Pope's Law , then to the Lawe of God . Parnormi in ca. super iila de secundis nuptiis . But all this notwithstandinge , lette us see what Reasons they be besydes , that ar brought in the favour of the Lady K. One is , forsooth , that the Lady Mary , the French Q. and the Duke of Suff . havinge lyved meny yeres togither as Man and Wyfe , and their Matrimony celebrated publikly in the face of the Churche , without eny thinge sayd agaynst theim duringe their lyves ; that therfore though he had twenty Wyves then lyvinge , that yet the Children of the Queene and Duke are to be taken no other then as legitimate . And th' other , that it is sufficyent for the legitimation of their Children , that the French Q. seemyd to have no knowledge that he had eny other Wyfe lyvinge .

To these greate Reasons , and their Authority , it is easy ynnough to answer . For it is a Maxime in the Civill Lawe , That that which from the beginninge is not good or lawfull , cannot with eny Processe of tyme be betteryd . L. quod mitio ff . de regu . juris . And therfore the Matrymony not beinge lawfull at the first , no tyme is sufficyent or able to make it lawfull . And yf that which is sayde of the long contynuance of the Matrymony , without eny thinge sayd agaynst it , had ben such to have comme in eny consideration , it might have had some colour or shew of reason ; the rather , yf the parsons agaynst whom eny such controversie shuld have rysen , had ben of such degree or condition , as eny might freely have proceedid against theim . But they were Princes , the Woman the Kinge's Syster , and the Man a Duke , and in greate favour with the Prince , in such sorte , that the greate and the iminent danger and perill that did depend therof , was , and is the aparaunt and manifest cause why no Man did or durst begin with theim , or attempt eny such matter , and specially in a thinge that touchid any whitte the displeasure or dishonour of the Kinge himselfe : And therfore that long contynuance in Matrimony , after that sort , without controversy , is not to be countyd for quiet and peaceable , but rather injurious and violent . Arg. l. in . fi . C. de ann. exe . & l. 1. §. si quis autem ff . de iti . act . pri . C. quia . de conces . pre . l. §. 1. ff . quod vi aut clam . & l. de pupillo . §. si quis ff . de ope . noui nun . cum ibi not . per Bar . & alios . And such as cannot help eny thing to the legitimation of the Children born in Adultery .

To th'other , touching the ignorance of the Queen , although it were graunted , that some ignorance , in some sort , might the rather shadow the illegitimation of the Children ; yet it is not therfore that every kynde or sorte of ignorance mought be acceptid to bolster forth such causes , but a probable ignorance : for the Lawe tendith to the favour of the vigilent and diligent in their own causes , and not to the wilfull , sloathfull , or negligent . And those that contractith with eny , they ought to know and understand eche of the others State and Condition , l. qui cum alio contrahic . ff . de regu . juris . and not to understand that is commonly brutyd , is to be attributed unto the Parties default . l. quod verba ff . de pon . & l. siut certo . §. nunc videndum . si . commo . cum ibi notatis . And such a kind of ignorance is callid a Voluntary , or ellis a dessembled Ignorance , and helpith nothing to the ligitimation of the Children , the Matrimony beinge contrary to the publike Lawe of Honesty , even by the Canonicall and Civill Law ; Cap. cum inhibitio . de clan . desp . for synce Charles Brandon , after Duke of Suff . had lyved with the first Wyfe so long , being of such a callinge , and she his Wyfe , of such a House , and such a Lyvinge , and in the same Countrey ; It had ben very easy , with eny never so little a diligence used , to have come to the knowledge , whether he had had eny other Wyfe lyvinge , or no . And the Lawe entendith , that one that either doth understand , or ells is in abilitie easily to understand , to be all one . l. pen . ff . ad maced . l. in bonorum . in fine ff . de bonorum poss . Since then the French Q. yf she had lyked eny thinge to have herkened , searched , or demaundid , moght easely have had intelligence , whether the Duke had eny Wyfe lyving or no ; It is as much as if she had known it : so doth it manifestly appeere that the Children born in such Matrimony , cannot , by eny meane , be reputyd or taken for legitimate , or able to eny Enheritance , and much lesse of the Crowne , synce that for the Honor and Dignitie of the Realme , whosoever shuld be worthy or capable of the Crowne , it is meete , that not onely they shuld be free from eny stayne or spotte , but also from all suspicion of eny . As Julius Cesar sayd of his House , when , for the onely suspicion of Adultery , he did put away his Wyfe , sayenge ; That the House of Cesar ought not only to be without Vyce , but also without all suspicion of eny . Besydes , if you should consent to put your selfes in subjection to such so unworthely born ; Behold , and consyder , I pray you , by the way , how farre off yow should shew your selfes inferior in consideration , from the many and noble Examples left unto us by other Countreys , as particulerly of later Memory , by the Noble Nation of the Spayniardes . Where a Daughter beinge borne of the Queene , Wyfe to Hen . 3. Kinge of Castile , and most speache , great presumptions and secreat murmuracion therof passinge , that not the Kinge , but an Adulterer , shuld be the Father therof . The Barons , Earles , and other Nobles of the Realme , did assemble together ; and consydering what spotte and infamy it shuld be unto the whole Nation and Countrey , yf in time cominge they shuld have their Q. a Woman thoght of , and esteemyd but as a Bastard , did not only deliberate not to acknowledge , or not allowe of her as legitimat Heyre of the Realme , after the death of the Kinge ; The Case of the putative Prince of Wales . But wold without delay be dischargid , and assurid from that gratte dishonor and infamy . And therupon so became most humble Suters to the K. that as it apperteynid unto the Honour and Dignitie of him and of the whole Realme ; It moght so please him to repudiate the Q. as Adulteresse , and declare that Daughter not to be his , but borne in Adultery . Shewing him besydes , that yf he wuld not have regard unto his owne Honour , and to do that , that touched so much his Estate , and the Dignytie of the whole Countrey ; that they , for their partes , could not , nor would not so much forget their Duties to suffer it . But rather determyned to depose him , as a Man that made small compt , either of his Callinge or Honour , and therefore unworthy of the Crowne . By which yow may see how farre such Occasions may sometymes cary Men past the termes of their Callinges ; wherof did grow afterward greate Contention , and finally that Daughter never admittyd unto the Crowne , but the Succession transferred unto the Lady Isabell , Sister of the K. A Queene , for her Valour and rare Vertues , of great Fame and Renowne . And yet , notwithstanding , accordinge to the Canonicall Lawe , ( of force and strength in such Cases as most proper Judge ) although the Adultery of the Queen indeed wer more then manifest , yet moght they have presumyd that the Child had ben rather of the Husband , then of the Adulterer ; so favorable are those Lawes unto the Birth . But those Noble Men , as jelous of the Honour , Fame , and Reputacion of their Countrey , did thinke that it importyd a great deal more to maynteyne and assure the Dignitie of the whole Realme , refusinge a Person of doubtfull Birth , then to have respecte unto the particuler Interest of that Child . And thus tendrid these so much this Honour , that they could not , nor wold not tary the tyme to entreate of the Succession , when it shuld happe , but wold , by and by , put the mater out of doubt . And you , when it is so needfull , and the tyme doth so require it , to knowe one certeynly for your Prynce and just Governour heerafter ; Will you make no compt herof ? They , I say , for these respectes , did refuse one , that according to th' ordinary course of the Law , they moght easely have presumed of to have ben legitimate : And will yow submitte your selfes to a person , that , accordinge to the ordinary and Canon Rule and Order of the Lawe , is so manifestly knowen , taken and shewyd , discendid playnely as illegitimate ? Oh take heede , for yf ever this happe in your Heddes , what other thinge will it turne or growe unto , but vnto an open and universall declaration unto all the World , that yow , betweene Honour and Dishonour , Right or Wronge , causes of Prosperyte or Ruyne , do make no difference at all : Which opinion once conceyvid of yow , boast , bragge , or compare after , the Nobilitie or Excellency of your Countrey , or the Stoutenesse of your Selfes , with other Nations , ye may well ynuough ; but whoe wyll not rather mocke or scorne at your madnesse or folly , then beleeue yow as of eny Reason or Judgment ?

And this that is sayd ( as is before touchid ) hath auctoryte , and is , both accordinge to Divine , Canon , and Civill Lawe , and besydes , accordinge to the Lawe of Nature and Reason . But though we shuld admitte , that by the Canon Lawe theise descendentes of the French Q. were to be tolleratyd or allowid as legitimate , yet doth it not follow , for all that , that in this Realme they ought to be taken or accompted for ligitimate or inheritable : Bicause that for eny to be borne legitimate , heritable or Bastard Heere , is judged , not accordinge to the Canon Law , but accordinge to the Lawe of the Realme . And this doth appeere manifestly , by the Statute of Merton , Cap. 9. Where the Bishops instanced the Lordes , that they wold consent that all such as wer borne before Matrimony , shuld be legitimate according to the Canon Lawe , as well as they that wer borne within Matrimony . Which could not be obteyned ; but determination made , that they shuld stande unto the Lawes of the Realme , and not unto the Canons : And that one borne of a second Wyfe ( the first still lyvinge , by occasion of ignorance , that the second Wyfe may pretend , that the Husband had no other Wyfe alyve ) shuld be taken or compted for ligitimate or inheritable , is not auctorized by our Lawe . But playnly the contrary , as may appear by Bracton , Glandvill , Britton , Parkins , and the whole course of the Lawe . Wherfore to alledge that it is not lawfull to compt such for Bastardes after their death , though during their Lyfe they wer taken or compted for no other , then as legitimate , is a poore healpe , a slender proof , and to this purpose makith nothinge at all ; for Litleton , Cap. of Discentes doth declare , that this continuance to purge the Bastardy , is not to be alleadgid in every sorte of Bastardie , but in that onely that is born of the Woman that the Father doth after mary , with other Circumstances , as may appeer , farre from this Mater . But to object that heerin might further have fortunyd , though peradventure there hapt never eny such mater , because nothinge may be thought of now , or ells remembrid heerafter , that in this case to the uttermost that might have chaunsed , may not presently be fully sayd unto , and answeryd ; Let us admitte , for the salvinge of the Bastardy of these Issues , that the Pope's Bulle mought have been obteynid , ( which though both agaynst eny godly and lawful Matrimony , and agaynst the Law of the Lande , perhappes , mought easely have been compassed ) yet notwithstandinge shuld the same have made as little to the purpose , as th' other proper Reasons before alledgid : For such a Bulle ( though it had ben of valour in England , as it is neither now , nor yet ever was when the Pope was heere in greatist Authoryte ) shuld either haue pronounced and declared the same Children to haue ben legitimately borne ; or ells of Bastardes , it shuld have made theim legitimate .

In as moche as it shuld have declarid theim to haue ben legitimately borne , it had ben needefull that it shuld haue ben with pronuncinge the Matrimony with the said Queene and Duke legitimate , notwithstandinge the other Wyfe had ben alyue ; and that could not have ben grauntyd , ( the case being as it was ) but vpon some false or fayned surmise . And therfore , accordinge to their owne Lawes or Canons , it shuld haue ben of no force or valour . But let it haue ben accordinge to what Canon they had lysted ; the Common Law of this Realme of England shuld never haue ben bounden by any such Bulle , and specially when the mater vpon eny Poynt of Illegitimacion is to be callid in question , by reason of eny Issue joyned vpon Bastardie , after the death of the Parties , which ar to be impeached as Bastardes , by reason of eny second , or other Mariage , during the Lyfe of the first Wyfe , the same being never upon eny Sute at the Common Lawe brought in Question , whilest the parties in whome Bastardie is not allegid , lyvid . Vid . Bracton , F. 216. upon the Statute of Merton , he mentions a special return at that time required . Of which more in the second Part . The greatest doubt that in such case mought haue hapt , is , that if the mater had ben callid in question at the Common Law , duringe the Pope's Jurisdiction in the Lyues of eny of the Children of the said Duke and the Frenche Queene ( which be now all deceassed ) and an Issue had ben joined vpon general Bastardy , or vpon some other generall Issue of Divorce , the same shuld then haue ben tried by the Certificate of the Ordinary ; and therby , perhaps , by somme such sleightful Certificate , the vnlawfull Doings of the Pope ( if eny such had ben in his tyme ) might so haue ben allowed covertly . But allowing it were triable at this day by the Ordinary , the Pope's Dispensation carryeth not in our Law the Jurisdiction of the Ordinary ; nor is not so to be receyvid , but it must recyve a Tryal directly by th' Ordinary , whose Certificate must proceede accordinge to such mater as may informe a Truthe , or ells it must receyve the Tryall by a Jury of twelve Men , according to the common usage of Tryalles . And whoe can thinke , if the cause of eny such separation , stirred upon no just Motion , but onely of corrupte or fleshly disposition , shuld come now in question ; that either eny Ordinary , or ells eny Jury , in so playne and open Bastardy , wold either so farre forgeete or hazard theimselfes , or elles exceede the Bondes of their Dutyes to God , their Countrey , or all honest Reputation to the World , to certify such Issues to be ligitimate ; wherby no Controversy shuld be decyded , but rather dangerously encreased , and the whole Government of such a Noble Realme therby brought unto a double Bastardy as the case now standith : For touchinge th' Issues betweene the Duke and the French Queene , yf question be askyd whether they be lawfull ? answer is made , They are not , because the Duke was first lawfully marryed to the Lady Mortymer , and contynued with her aboue seven Yeres ; and that he was maryed after to the French Queene , duringe the sayd Lady Mortymer's Lyfe , whoe overlyved the byrth of all the French Queenes Children : Which answer , by our Law , cleerly distroyeth the seconde Marriage , and makith it voyde , and so all the Issues cleerly Bastardes . And this is th' absolute Judgement of our Lawe , so as now th' Issues of the French Queene cannot eny way help theimselfes , but they must first destroy the first maryage , which our Lawe will never disallowe untill it be first disanulled . And therfore yf the Duke of Suff . had had eny Issue by the L. Mortimer , those Issues shuld haue ben allowed his Heyres , by our Lawe , notwithstandinge the Mariage after with the French Queene . And therfore for that the French Queenes Issues rest dissabled in poynt of Common Lawe , they must make theimselfes able , by some such proofe as may satisfye the same Lawe , before they can be receyvid . And yf they seeke their relief by eny dispensation from Rome ( as is sayd ) it servith not , although ther wer a Dyvorce to be proovyd by eny such Instrument . And it is most true , that they ar able to proove no lawfull Devorce within the Realme , though by search it hath not onely ben perceyvid , but is evidently to be provyd howe meny corrupte and subtile attemptes by sundry meanes hath ben taken in hande to cowntenance those matches with the French Queene and other , as by a supposition of a Sute sued betweene one Anne Browne and the said Charles Brandon , wherof shuld aryse the displeasure betweene the Lady Mortimer , and the said Charles her Husband , seven Yeres and more after their Mariage : During which time the said A. B. God wotte , never tooke it so earnestly as she once complaynid to the Lawe , or ever thought of the Mater , nor as it seemith wold ever haue done , yf in this tyme the sayd Charles had not consumyd the sayd Lady Mortimers Welth and Lyvelyhoode , and found her Yeres not answerable to his Yeouth and wanton Disposition ; for satisfyenge wherof , this Acquayntance , that Bely risinge , and these Practises after hapt with the same Anne . Wherof riseth now these feeble-groundid Histories , this Speche , and these Devices , that she forsooth shuld be precontracted to him before , and had a Childe ; which Childe , eight Yeres after , is knowen well inoghe , was but two or three Yeres olde at the moste . A strange case ; and yet she had it at seventeen , or ninteen , and was but twenty at the tyme of this supposed Divorce , when the sayd Charles and she came togither . Well , I say no more , for the Case is skant worth the speakinge of ; but yf this Mater wer to be shewid , ye shuld see such a patron of a Divorce , as they that faynest wold have it , wold soonest be ashamyd to countenance their Title upon the same ; and yet these Passages thus hapt in these Dayes , and in that Lyfe , from better to worse , advoutry upon advoutry , and such other stuff .

But how vayne is it to wryte , or to occupy yow with these Digressions , as with what mought haue ben , what is supposed to haue bene , or such other vayne and frivolous practises or shifts ; as heerafter may be , when it behoovith so much presently to consyder what in this case properly may and ought to be ? And therfore because it is one of the most assuryd wayes to understand what the Lawe willeth , or is in eny question to admitte , that the Mater were at present to be decided by dewe course of Lawe , with all the Pollicies that on bothe partes may be used for their most avayle and purpose , and so to bringe the same in Forme of Lawe to such a poynt , as judgement may be therof gyven rightly . Take heerin for Ensample , that I. S. made a Gifte of Lande to Charles Duke of Suff . and the Frenche Queene , after their Mariage , and the Heires of their Bodyes ; and now the same I.S. bringith his Action of Formedowne in reverter for the same Lande , agaynst the Lady K. and her Sister , and the resydue of that Lyne ; and supposeth that the Land ought to him to revert , for lacke of Issue lawfully begotten betweene the Duke and the French Queene : and they come and pleade , by way of Barr , the Mariage betweene the French Queene and the Duke , and convey the Pedegree lineally . Wherunto I. S. replieth , and shewith a former Maryage with the Lady Mortimer , and averrith her Lyfe after their Birth . And the Lady K. and the rest , cannot by Lawe maynteyne their Barr , and destroy his Title , unlesse they pleade a lawfull Divorce ; and yf they pleade eny such , yet the same shall not be under the Pope's Bulle , but by the Certificate of th' Ordinary , and for that th' Ordinary hath no Recorde , or other lawfull Proofe , wherupon he can lay eny Foundation to certify any lawful Divorce , therfore the Certificate cannot be avaylable . And so to conclude , ther is no doubt in the troth of the case , and by lyke reason no doubt in Lawe ( if you will allowe the Proceedinges accordinge to troth ) but that the Bastardie remaynith , and is not able to be purged .

And yf the Bulle shuld have ben to make the Children of the sayd Queene and Duke of Bastardes legitimat , besydes the Reasons before alledgid , which ar as effectuall in this purpose as in the other ; yet it is most true , that such legitimation had ben of no more force or Vertue heere in this Realme of Englande , then they be of in those Contreyes that ar at the Pope's Obedience . And who soever is legitimated ther of the Pope , is not to be understandid for all that , to be legitimate to inherite , but in the Lands that do belonge vnto the Churche . Imo , in caper venerabilem qui filii sint legi . And besydes , who soever , is legitimate , and abled generally to eny Dignitie , is not in that neither to be understandid legitimatid vnto a Royall Dignitie . Barthol . & Bal . in l. eam quam . C. de fide . con . And the Reason is , that whosoever is borne Bastard , though he be after made legitimate , is ever reputyd , notwithstandinge , as infamous . Bal . in lege generaliter §. cum autem . C. de inst. & substi . sub condi . factis . & Alexan . in 3. ff . de il . & post . And these Reasons may serve also to the Allegations before sayd , of the innocency of the Queene , and the contynuance of the Matrimony without controversy : for they do declare playnly , that although the Lawes , where they entreate of eny other Enheritance , shuld make as legitimate the Children so borne ( the which indeede they no ways can do , as we have partly proovyd ) notwithstanding that the same Laws could never be alledgid in case of Succession to eny great Dignite , and chiefly vnto a Royal Dignitie , in the which the whole state of the Common Wealth hath interest .

And besydes , touching the dooble Bastardy before remembryd , though we shuld admitte that of the legitimacion of the Lady K. there wer no doubt or question , yet such hath ben her Life , and Behavour , and so much hath she stayned her self and issue ; as she is to be thought unworthy of the Crown : for she was maryed ( as ye know ) to the Lord Herberd : The Mariage was perfected by all necessary Circumstances , ther was consent of the Parties , consent of the Parentes , open solemnizinge , contynuance after , till lawfull Years of consent , and in the mean time carnall Copulation , all which , save the last , are commonly knowne by dyuers that sawe theim , and the last , which to all other might be most doubtfull , is known by the confession of them both , and so made the more lykely to be true , bicause she her self ( though in such thinges that Sexe be most covert and shamefast ) hath yet earnestly acknowledgid the same : after which Consummacion every Man knowith that albeit the Matrimony had been before for lacke of Years not vaylable , that yet thereby it commith and is made perfect , and of full force and valor . In sorte that the Divorce and Sentence that was so dryven , procured and practised by the means of the Erle of Penbroke in Queen Maryes Reign ( for respects then well ynough knowne ) agyinst both the Parties Wills as most manifestly appeeryd , not onely by their greate unwillingnesse unto it then , but also by their affectionate and willinge manner of lyving , continent meny Years after , continuing in mutuall Love testified by sondrey means , meny Tokens , Messingers , and other signes of the same , cannot be of eny force to breake the sayd Matrimony , nisi de facto . De sponsal . cap . 30. is qui fidem . But during this delay , she by daliance fell to carnall company with th' Erle of Herforde , which was not descryed till the bignesse of her Belly bewrayd her yll happ . In which what was commityd on both theire behalfes , while he th' Erle unlawfullie companyed with the Wyfe of an other Man , and she the Wife of one Man , did gyve her Body to be used of an other Man unlawfully , ye may easely judge . But this done the L. Herbert seeinge himself thus deceyvid by his Wyfe , did ( as he might lawfully ) joyne himselfe in Marying with an other Woman , and that Lyfe and Usage betweene the Lady K. and the Erle beinge confirmid by dooble Issue , as it was utterly unlawfull before God , so was it founde unlawfull before such Bishoppes , and other Commissioners , as had the heeringe of the same , and their Issue bastardid ; wherupon doth fall out , as ye see , greate wickednes and lashnes of Life in the Mother , and bastardy in the Children . And it is not unknowne , to those conversant in the Historyes , that meny Princes settlid in their Kingdomes , have ben judged unworthy of their Callinge for lyving in Whoredom ; And how can she be countyd worthy to come to a Kingdome , which , as her Case standith , cannot but lyve in lyke manner ? Surely , yf she were the next Heire of the Bloud Royal , her Fault is much the greater so fowlie to have spottyd the same : For as by this Whordome she hath deservyd grevous Punishment , in disparaginge and disablinge the Bloud ; so hath she , by vyolatinge Maryage , cut off all hope of havinge lawfull Issue by her to succeede and possesse the Crowne heerafter : For by the Law that God gyveth , Deut . 23. Deut . 23. A Bastard , and unlawfull borne Person , may not beare Rule in the Church , or Common-Weale : He is counted a Stranger , as the Hebrewe word importith ; and to the perpetuall detestation of Whoredome was this Lawe made , to punishe the Parentes Faultes justly in their Children . The Civil Lawe lykewyse doth not onely punishe such Personnes as make such unlawfull Matches , but removith the Issue , so borne , from the Inheritance , or takinge by Legacy eny thinge of the Parentes . Co. de incest . & inut . nup . And thus do yow see , by the way , thus much of this double Bastardie ; and what Stay , Comfort , or Consolacion is lykely to come to this Realme of England , by the L. K. and such Issue as she now hath , or is lykely to haue heerafter , though she her self were by her Parentes free from Bastardy , as by the Proces , and Allegacions before alledgid doth playnly appeere she is not . Wherfore , to retourne to the Mater before in hand , and to conclude therof . Since eny Spotte , or suspicion of eny , is sufficient barre from th' Inheritance of a Crowne , much more cause is this playne and open Bastardy ; for we ar all bounde in reason to haue alwayes more regard to the State and Dignitie of the whole Weale Publique , then of the pryvate Preferment or Commodyte of eny particuler Person . And so doth it appeere , that by no way , neither by the Divine Lawe , nor by the Common Lawe of this Realme , nor yet by the Canon or Civill , that the Children descendid of the sayd Queene and Duke , can be capable of the Crowne by their Birth .

But touchinge the other Parte , they alledge in favour of the Lady Katheryne , Kinge Henry the Eight his Will , by which they say she is lefte as Heire . Which may be as playnly and easely answerid ; For it is as certeyn that Kinge Henry shuld have had no Auctoritie or Power to dispose of the Crowne by Will , yf by Parliament it had not ben gyven him . And therfore as much as the Force and Autorytie of the Parliament dothe extend unto , so much might he do , and no more . And the words of the same Statute , though they be generall , they may not , for all that , be so largely taken or understandid , as they may be stretched vnto : For who will say , that by those wordes , there is Power or Facultie gyven to appoynt or gyve the Crowne to eny Person , ☞ that accordinge to the Lawe and Dignitie of this Realme , is not meete or capable of the same ? As vnto a Turke , an Infidele , an infamous or opprobrious Person , to a Foole , a Madde-man , or generally to eny kynde of such Person ; as of the which , if special mention had ben made , it is lykely that the Parliament wold never have consentyd or agreid thervnto : as at the makinge of the same Statute , yf eny had gone about to have pennyd it in this sorte ; that such shuld succeede and enjoye the Crowne , as K. Henry , either by his Letters Patentes , or elles by his last Wyll , signed with his most gracious Hand , had namyd , what Parsonnes soever they had ben , although they were infamous , madde , impious , or such other before rehearsed : it is not lykely that in this maner or forme the Parliament wholde have allowed or passed such a Statute . And that , that is not lykely they wold have consentyd vnto by wordes in such sorte specially expressid , It is not to be thought , or understandid , that such Persons shuld be capable and fit for that Callinge , & omni exceptione majores . And it is playne and notoryous ( as is before-sayd ) that to be borne in Adultery , or of eny other unlawfull sorte or matche , is reputid and taken a Spotte , and that a greate one , not onely by the Lawes of Man , but also by the Lawes of God , Sapien . 3 , & 4. Deut . 2 , 3. and so unworthy and unfitte , ar such to be thought capable of the Crowne , that in all States , where they use to gyve or graunte eny Seigniories , Titles , or Liberties in Fee , as Baronyes , Erleshippes , Markeshippes , and such other , the Bastardes ar never thought worthy to be admittid unto the Succession , although that they be made legitimate . But they must specially be ablyd vnto the succession of the Fee by the Prince . Bartol . & Bald . in l. eam quam . C. de fidei com . And yf they cannot inherite , or be capable of their Titles and Honours , which ar not , nor cannot be comparyd vnto a Royall Dignitie , how shuld they be thought worthie or capable of a Crowne ? And that , that is sayde of Bastardes , is to be understandid also of those that pretendith the Succession as Heires of Bastardes . And synce this Realme makith no lesse esteme of the Honour and Dignity of the same , then eny other Nation doth of theires , it is not lykely that specially they would graunt unto the Kinge Power or Authoryte , to gyve or leve the Crowne to eny Person not legitimately borne , or to their Children , or to eny such Person , upon whose Birth and Proceedinges there might growe such stryfe , dispute , or contention , accordinge to the saying of Cesar , and example of other a litle before remembryd . And since it is not lykely that the Parliament wold haue condiscendid specially unto it , it followith , and we must conclude , that such a Graunt cannot be comprehendid by general words .

But though he had Power or Authority to dispose of the Crowne , to the Heires of the Lady Francys , and the Lady Eleanor , it is trewe yet notwithstandinge he could not do that , but with the Condition and Forme , that by Power of the Parliament was gyven him , that is , either by his Letters Patentes , vnder the Greate Seale of England , or ells by his last Will , signed with his most Gratious Hande .

By Letters Patentes without doubt he hath not done it , and so of the Will is the Controversy . But beinge able to make a sufficient and perfect Will , to all other intentes and purposes , either in puttinge to his Hand , or ells in not puttinge to his Hand ; yet yf the Kinge have made his Will , without puttinge unto his Hand ( as ther be Wittnesses sufficient , and some of those that subscribed the same Testament , in that behalf can so truely and plainly testify , that he hath , as there is no such Cause left therfore either of such doubt , or elles of such conferringe , or comparinge the Prothocall with the Signe or Stampe , as those that haue sette foorthe these Books wold seeme to make ; then it is playne and manifest that he hath not done it to this purpose , accordinge to the forme and maner prescribed vnto him by the Statute . And every Acte or Deede that is done without the Forme prescribed by Lawe , is insufficient , L. 1. in pr . ff . de stipula . l. traditionibus . C. de pac . l. 1. C. de pred . cur . lib . 10. as well accordinge to th' Exposition and Rules of the Civill Lawe , as ells by th' Exposition and Rules of the Common Lawe of this Realme● for accordinge to the Civill Lawe it is playne , and so taken , though the Matters they entreate of be in favourable Causes ; yet the lacke of Forme is no wayes borne withall or excused . L. cum hi . §. si pretor . ff . de transa . Bal . cons . 324. volu . 20. And much lesse heerin , consideringe the Forme requyrid by the Statute , is compiled with so meny greate , goode , important and probable Reasons : For the Succession of the Crowne beinge a Cause of such greate weight , and in which ther was so greate occasion to doubt so many hassardes of indirect or subtile dealinge , they had goode cause to prescribe such a Maner and Forme to make the Will by , as wherby they had least occasion to feare or suspect eny counterfetinge , confuse , or sinister behavour in the same . And so , accordinge to the Civill Lawe , in that Testament that they call a Solempne Testament , in the which there is required meny Circumstances ; yf eny of those do lacke , the Testament , or Will , is of no force or valour . Justin . de testa . & lege jube . C. ibidem . Besydes , accordinge to the same Lawe , all Statutes , or Agreements made , that takith away , or correctith eny thinge of or from the Course or Body of the Lawe , is reputed and taken as odious , and ought to be taken strictly , even accordinge to the Letter as the worde standith . And this Statute wherof we now speake , is such a One : For wher the Succession of the Crowne shuld have gone whither the Common Lawe had apoynted or directid it , as vnto the next by the Statute of 35 of Henry the Eighth ; K. Henry had Auctority to leve it to whome he lysted . And therfore this Statute is to be interpretid strictly and precisely as the worde gyveth : That is , that Kinge Henry onely by his Letters Patentes , vnder the Great Seale of England , or elles by his last Wyll , signed with his most gratious Hand , might name whome he would to the Succession of the Crowne , and not otherwyse . And lykewise by the Common Lawe of this Realme , the Statute is most plainly a direct abridgement of the same , by reason it takith from the Common Lawe , the naturall limitation of th' Inheritance of the Crowne , and appointith it owte of the Rule of the Lawe , to the Order and Limitation of Kinge Henry ; beinge in this respect authorized but as a private Person . And it is in some degree a Penal Lawe , for it takith the Title of a Kingedome from those that by the Common Lawe have a Right , and makith , in poynt of execution , a Subject of a Prince , and contrarywyse a Prince of a Subject ; which is not onely penall , as hauinge respect to the losse of their Title to the Crowne , yf it shuld so happe , as God forbidd ; but also it is so penall , that if such ill Chaunce shuld unfortunately befall , it makith Traytors of those that will clayme their Inheritance , although their intent were but to try their Titles . And it is a Learninge by the Common Lawes of England , that longe hath ben so receyvid , that in every such case as eny of these happen , no Exposition is to be allowed ; but the Lawe willith us to cleve to the Letter , without eny further wrestinge therof , then the Letter naturally and strictly will reache unto . So that if it be not a stricte observation of the Letter , according to his natural entent , in any of these cases the Common Lawe allowith it not . And the rather the Lawe is precise herin , for that it is a newe Statute , which seldome ar taken by equite in eny point , because they ar all pennyd at large . As for Example ; I will remember one or twoe , which may suffice to such as be Learnyd , to search for other of lyke effect , wherof ther ar not a few . In Anno 1. of Kinge Edward the 6th , ther was a Statute made , That if eny were condemnid for the stealinge of Horses and Mares , they should lose their Clergy ; and because the words Horses and Mares were the plurall nombre ; it was taken not to extende to one Horse , or to one Mare . And so for that cause a new Statute was made , Anno 2. of the same K. that made lyke Lawe for stealinge one . Horse , or one Mare . And the chief cause of this was , because it is a Penall Statute , in takinge from a Man that , wherby his Lyfe might be savid . In K. Richard the 3ds Tyme , there was a Statute made to Auctorize Cest a que use to enter vpon his Feoffees , and make Feoffementes . And it was in question , in Anno 9. of H. the 7th , yf he made a Letter of Atturney , whether this were good by the Statute , and lefte therfore a doubtfull question , by reason the Statute gyveth auctoryte onely , which must in all poyntes be observed . And ther is a greate deale more coulour to make that Feoffement goode , being by Letter of Atturney , then to make this Will to this purpose goode , not signed with the Kinges owne Hande : For if eny other put his Hande therunto , and not the Kinge himself , then it is signed with an other Hande , and not the Kinges Hande . And yf I gyve Auctorytie to my Executors to sell my Landes , and say no further ; then , yf they sell the same by Wrytinge , or without Wrytinge , it is sufficient ; but if I adde these wordes , That they shall sell my Landes , so that they do it by Wrytinge , signed with their proper Handes ; yf now they sell the same , and th' one cause the Residue , in all their presence , to wryte all their Names , as thoughe every one had severally subscrybed ; I hold it no question , but this Sale is not good ; for they must pursue their Auctortie strictlye , and otherwyse it is of no effect : And consyderinge , as is partly before remembryd , how greate a mater it was to committe such a Trust , it were a greate lacke and slander to the whole Parliament , to thinke that they wold condiscend to the committinge of so high and weightie a Confidence , as wherof the whole Estate and Weale of the Realme shuld depend , but that they did forsee that their doinges therein shuld not be blynded by a Wrytinge signed with a Stampe , The same thing was urg'd by Lethington the Secretary of Scotland , in a Letter to Sir Will . Cecil . Appendix to the 2d Vol. of the Hist . of the Ref . F. 269. which might be put vnto , either when the Kinge was voyde of Memory , or els when he was deceassid ; as indeed it after happenyd , as most manifestly appeeryd by open declaration made in Parliament by the late L. Paget , and others , that King Henry did not signe it with his owne Hande , as it is playne and probable inough by the Pardon obteynid for one William Clerke , for puttinge the Stampe vnto the sayde Will after the Kinge was departid : and who doubtith but yf his meaninge had ben such , so to haue disposed of the Crowne , but that he wold have put this mater out of doubte , by signifyenge the same with his owne proper Hande .