the chronicles and histories of that age, and your owne printed statutes being extant, do contaminate and disgrace greatlie the reign of that king in that tyme. But to come to our purpose: what equitie and justice was that to disherite a race of forreyn princes of their possibilitie and maternall right by a municipall lawe or statute made in that which some wolde terme a corrupt tyme, and say that will ruled the rost; yea, and to exclude the right heires from their title withoute calling them to aunswere, or anye for them? Well, it may be sayde that the injurye of the tyme, and the indirect dealling, is not to be allowed, but, since it is done, it cannot be made voyde onlesse some circumstances materiall doe adnihilate the sayd limitation and disposition of the crowne. Nowe let us examine the mannour and circumstances howe King Henrie the eight was, by statute, enabled to dispose the crowne. There is a forme in twoe sortes prescribed him. which he may not transgresse, that is to say, ether by his lettres patentes sealled with his greate seall, or by his last will signed with his hand for, in this extraordinarie case he was tyed to an ordinarie and precise forme, which, not being observed, the lettres patentes, or will, cannot worke the intent and effect supposed. And to disprove that the will was signed with his owne hand, yowe knowe that, long before his death, he never used his owne signe with his owne hand; and, in the tyme of his sicknes, being diverse tymes pressed to putte his hand to the will written, he refused so to doe, as it semed God wolde not suffer him to perfect an acte so injurious and prejudiciall to the right heire of the crowne, being his niepce. Then his death approching, some, aswell knowne to yowe as to me, caused Willm Clerk, sometyme servaunt to Thomas Henneage, to signe the supposed will with a stamp, for otherwise signed it was never. And yet notwithstanding, some respecting more the satisfaction of their ambition, and others their private commoditie then just and upright dealling, procured diverse honest gentlemen, attending in sondrie romes about the Kinges person, to testifie with their hand writinges the

contentes of the sayde pretended will, surmised to us signed with the sayde Kinges owin hand. To prove this dissembled and forged signed testament, I doe referre yowe to soch trialles as be yet lefte. First, the attestation of the late Lord Pagett, published in the Parleament in quene Maryes tyme, for the restitution of the Duke of Northffolke. Next, I pray yowe on my Sovereigns behalf, that the depositions may be taken in this matter of the Marques of Winchester, Lord Threasorer of Englonde, the Marques of Northampton, the Erle of Pembroke, Sir Willm Petre, then one of King Henrye his secretaries, Sir Henrie Nevell, Sir Mawrice Bercley, Doctor Huick, Edmond Harmon, barbor, John Orborne, grome of the chambre, Sir Anthonie Dennye, if he be lyving, Ferys, the surgeon, and soch as have herd David Vincent and others speake in this case, and that their attestations may be inrolled in the chauncerye and in the arches in perpetuam rei memoriam. Thirdlie, I doe referre yowe to the originall, surmised to be signed with the Kinges hand, that therbie it may most trulie and evidentlye appere by some differences how the same was not signed with the Kinges hand, but stamped as is aforesayde. And albeit it is used both as an argument and calumniation against my sovereign, to say that the sayde originall hath bene imbecilled in Quene Maryes tyme, I trust God hath and will reserve the same to be an instrument to releve the truth and to confound false surmises, that therbie the right may take place, notwithstanding the manye exemplifications and transcripts, which, being sealled with the greate seall, doe ronne abrode in Englond, and doe carrye away manye mennes myndes, as greate presumptions of greate veritye and validite. But, Sir, yowe knowe in cases of lesse importaunce then the whole realme of Englonde, transcripts and exemplifications be not of so greate force in lawe as to serve for the recoverye any thing, ether reall or personall. And, in as mutch as my sovereignes title in this case shalbe little avaunced by taking exceptions to others pretend and craftie titles, considering her prece

of

dentes, I will leave of to soch as are to clame after the issue of Henrye the vijth to lay in barre the polygamye of Charles Brandon, the Duke of Suffolke, and also the vitiate and clandestine contractes, if it may be so called, having no wytnes nor anye solemnization of Christian matrimonye, nor anye laufull matching, of the Erle of Hertford and the Ladie Katherine; lastly, the semblable coupling of Mr. Keys and the Ladie Marye, sister to the sayd Ladie Katherine. And nowe, Sir, I have to aunswere yowre desier sayde somewhat briefflie to the matter, which in deede is verye little, whare so motch might be sayde, for, to speake trulie, the cause speaketh for it selfe. I have so long forborne to deale in this matter, that I have almost forgotten manye thinges which may be sayde for roboration of her right, which I can shortlie reduce to my remembraunce being at Edenborough, where my notes are, so that if yowe be not by this satisfied, opon knowleage from yowe of anye other objection, I hope fullye to satisfie yowe in all thinges may be layde against her. In the meane tyme, I praye yowe so counsaill the Quene your sovereign as some effectuall reparation may followe withoute delay the manye and sondrie traverses and disfavourings committed against the Quene my sovereign, as the‍publishing of so many exemplifications of King Henries supposed will, the secreate embracing of John Hales booke, the bokes printed but not avowed the last somer, one of which the Quene my Mrs sent by Henrie Killigrewe to the Quene your sovereign, the disputes and proceadings of Lincolnes Inne, where the case was ruled against the Quene my sovereign, the speaches by sondrie in this last session of Parleament, tending all to my sovereignes disherison, and nothing sayde to the contrarye by anye man, but the matter shut up with silence most to her prejudice, and by so mutch the more as everye man is gone whome settled and confirmed in this error; and lastlie the Quene your sovereignes resolution to defende nowe by proclamations all bokes and writinges conteyning anye discussion of titles, where alreadie the whole realme hath ingendrid by these former proceadinges, and others favored pratizes, a settled

opinion against my soveriegn to the advauncement of the ladie Katherines title. I might also speake of one other boke latelic printed and sett abrode in this last Session, conteyning manye untruthes and weake reasons, which Mr Malvyle desiered might be answered before the defence were made by proclamation. I trust yowe will so houlde hande to the reformation of all these thinges, as the quene my sovereign may haue effectuall occasion to esteme yowe her frende, wch doing, yowe shall nether offende the Quene your maistres, your countrye, nor your owne conscience, but be a favorer of the truth against errors, and yet deserue well of a princes whoe hath a good harte to recognize a good torne when it is done her, and may hereafter have moyen to doe yowe pleasure. For my particuler, as I have always honored yowe as my frende, so doe I still remaine of the same mynde, one whome, in all things not touching the state, yowe may direct as your sonne Tho. Cecill. And so with my hartie recommendations to yowe and my ladie bothe, I take my leaue. From Striveling, the ferde day of Januarie, 1566.

THE GAME OF SWANS.

[Matters connected with the Game of Swans were formerly of much interest, and upping" (now called "hopping ") the Swans was a diversion greatly followed. In that interesting volume, Mr. A. J. Kempe's Loseley Manuscripts, which contains so many curious and valuable documents connected with public and private affairs in the reigns from Henry VIII. to James I., are some papers, p. 305, which amusingly illustrate the subject: they are not however of so early a date as the subsequent Warrant for appointing Commissioners in Buckinghamshire, which must have been directed to Sir Nicholas Bacon, then Lord Keeper. The first name in the list of Commissioners ought to be Arthurus Dns Grey de Wilton, and not Anthonius. Several of the names of the other Commissioners will be familiar to the ear. The object of the instrument was to authorise the persons mentioned in it to inquire into offences against the laws for the preservation of the Queen's Swans.]

Indorsed, "The names of the Commyssioners appoynted to heare and determyne the cawses and offences concernyng the Game of Swannes, in the Countye of Buck."

CAMD. SOC. 12.

H

1566.

Anthonius Dñs Grey de Wilton.
Edwardus Dñs de Windsor.

Robertus Drewrye, miles.

Willelmus Dormer, miles.

Henricus Lee, miles.

Thomas Packington, miles.

Nichas Weste, Ar.

Johannes Thomson, Ar.

Thomas Fletewood, Ar.

Willelmus Hawtrey, Ar.

Thomas Terringham, Ar.

Thomas Pigott de Grendon, Ar.
Willelmus Fletewoode, Ar.

Edwardus Ardes, Ar.

Theis shalbe to require you, for the service of the Quenes Matie, to direct her Highnes Commission, under the Greate Seale of England, to the persons above rehersed, or foure of them, to enquire of suche offences as have ben and are committed against thauncient Lawes and Ordres made for the preservation of the Queenes Maties game and herd of Swannes within the countie of Buck. And for the dew punishement of thoffenders in that behalf, as in like cases hertofore have benne accustomed. And theis presents shalbe your warraunt for the same. Written the xjth of Julye, 1566.

QUEEN ELIZABETH'S PROJECTED MARRIAGE.

[The Marginal Notes, together with an opinion at the close of the following document, are in the handwriting of Sir Walter Mildmay, who seems to have taken especial interest in all matters relating to the proposed marriage of Queen Elizabeth. The argument for and against the union is attributed in the title of the MS. to Sir Nicholas