Discoverye of a counterfecte conference helde at a counterfecte place, by counterfecte travellers, for thadvancement of a counteerfecte tytle, and invented, printed, and published by one (person) that dare not avovve his name

About this Item

Title
Discoverye of a counterfecte conference helde at a counterfecte place, by counterfecte travellers, for thadvancement of a counteerfecte tytle, and invented, printed, and published by one (person) that dare not avovve his name
Author
Constable, Henry, 1562-1613.
Publication
Printed at Collen [i.e. Paris?] :: s.n.,
1600.
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Subject terms
Parsons, Robert, 1546-1610. -- Conference about the next succession to the crowne of Ingland -- Early works to 1800.
Great Britain -- Kings and rulers -- Sucession -- Early works to 1800.
Cite this Item
"Discoverye of a counterfecte conference helde at a counterfecte place, by counterfecte travellers, for thadvancement of a counteerfecte tytle, and invented, printed, and published by one (person) that dare not avovve his name." In the digital collection Early English Books Online. https://name.umdl.umich.edu/A19224.0001.001. University of Michigan Library Digital Collections. Accessed May 29, 2024.

Pages

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A DISCOVERYE OF A COVNTERFECTE CON∣ference, helde at a countersecte place, by counterfecte travel∣lers, for thaduancemēt of a co∣unterfecte tytle, and invented, printed, and published by one (PERSON) that dare not a∣vovve his name.

IT is obserued, and hath be∣ne noted, lōge in the vvorl∣de, that no Vanitye is so light vvhiehe beareth not somme credite, no fable so phantastical, but some vvill beleeue it, nothin∣ge so disorderly attempted vvhi∣che hath not fovvnd a supporter. Euen so it falleth ovvt touchinge a certē vaine diet appointed som∣me yearespast to abuse the vvorld vnder the title of a conference a∣boute the next succession to the Crovvne of Englande, beinge in

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deede a confused bablinge of Idle troublesome trauailers, vvithout interest to deale in suche matter, and a verie confederacie of a pra∣ctize against the blood Royall, sta∣te and dignitye, of that nation.

Therfore vvantinge the true and certaine of place, persone, au∣thor, and other due circomstan∣ces; it may vvell be called an infa∣mous fablinge chartel or Libel, feigned to be conceiued in Hol∣land, knovven to be fostered in spayne, falselie fathered of R. Dol∣man, printed at N. to vvit, no cer∣tain place Iustifiable, vvith licen∣ce of, it may not be knovvē, vvho. Neuerthelesse all must be so com∣mended at the first sight for plea∣sure & vtilitye, the author so extol∣led for sharpnesse of vvitte, plen∣tye of muche readinge cunninge in conueyhance, abondance of eloquēce, and other graces, as no∣ne

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can finde any vvant or default. Nay (to amplify the estimation as vvel of the author as of the libel) it is prouided that vvhosoeuer by vvorde, deede, or contenance see∣meth to dislike the one or the o∣ther: all suche persones must be reputed by a common fame, & there vpon condemned as ene∣myes to the priuat designes of the kinge Catholique, and aduersa∣ryes to the common cause. Al∣beit it is very likely that the late kinge of spayne, nor this kinge li∣uinge vvere euer priuye to the contents of that Libel, nor expres∣sely consented to the publishinge therof, as vvill appeare heareaf∣ter, Therfore it is but a ridiculouse sentence so rashelye to censure men, and very partial, suche also, as aduāceth the credit neyther of kinge, nor cause.

For vvhen a man pretendethe a

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clayme neuer heard of in any a∣ge, to an other mans lande vvhose quiet possession actually, & right also apparently in all vvyse mens eyes, haue concurred & cōtinued manye hundreds of yeares, in him & those vvhose state & title he hath, & inioyeth, no indiffe∣rent vvise man vvill allovve, that the sodainlye supposed preten∣dor may haue any reason by a ba∣re clayme to think that he should beare all avvay vvithout contra∣dictiō: especiallye vvhen the clay∣me excedeth measure, is misliked generally, and bringeth vvith it suspicion of euill dealinge other vvayes, as made by trauailinge strangers, vvithout the supposed pretendors vvarrant and priuitie. In respect vvherof, & for vvant of vpright behauiour, the same cri∣me may be imputed more Iustly to the Libellor, & his libell, as pre∣iudiciall

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to the same kinge and cause.

For as there are manye indiffe∣rent persones in diuers nations, all a like affected to the matter of suc cession, not caringe vvhat vvaye it runne: & are not tied to the kinge in any speciall obligation, nor alie∣nated from his Ma. nor frō the sayd cause, vvho are persuaded that a redier course might haue been ta∣ken vnder a better pretense for aduauncement of bothe: Euen so, there are manye others of the same opimon, vvho (if compari∣sōs may be allovved) are accōpted to haue as muche interest as the libeller & his trauailinge consorts haue in the matter of successio; & haue better vvarrant of Lavv & in defence of Lavve to reproue that conference; then those conferrers haue vvithout Lavve & against lavve, to iustifye or commende it,

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yea; haue bene fouvnde hetherto as redie (hopinge God vvillinge so to continue) as the practizers in that conference, to aduaunce the common cause euerye lavvfull vvaye, and the sayd kinges hono∣rable designes also, and to doe to his Ma. seruices & offices in adua∣uncement of his honor to the vt∣termost of thaire povver, mary in ordine adDeum, & vsque ad aras, so farre fouth as they may in adue order tovvards God, and vvith saftie of a rectified conscience; & More thē this [I am sure] so good a kinge vvill not requyer.

Therfore vvhat so euer the say∣de practizers for theire pleasures & profits doe pretend, & blovv a broode by vvordes & clamours against others, for the Catholique kinges priuat or publique desi∣gnes, or for the common cause: true it is, that suche as findinge

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thē seliues thus affected to Gods honor & safetye of theire consciē∣ces, and there vpō vnvvillinge to incouraige the sayd practizers & thair cōference, are the bolder to speake against bothe, as they ha∣ue greater reasons, & more effe∣ctuall motiues in vveight & mea∣sure to dislike boath; And that in respect as vvel of the matter, as of the manner or forme, and of cir∣cūstances touchinge theffect that may depend therof or concurre there vvithall; accomptinge for matter the lothesome drifts and scoopes vvherunto the sayd con∣ference doth tend; for manner & forme, suche absurd vvayes and meanes as theis cāuassers haue de∣uised, to abuse the vvorld, & ther∣by to vvork ther feat; And for cir∣cumstances of effects, the feares perills, mischiefes & inconueniē∣ces thretned not only to the en∣glishe

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natiō, but also to the vvho∣le Christiē vvorld, and eyther ne∣cessarilye cōcurringe vvith those cāvasses, or occasiōally folovvin∣ge them; yea vvayting and atten∣dinge to offer theit seruices.

The principal scoape & dryft, first in mynd, though last in ope∣ration, & in meane vvhyle dissem∣bled (besides the deposīge, of the present possessor) is to supplant, dispossesse, & disherit the true hei∣re & lavvfull successor of the en∣glish Crovvn, vvith all the ofsprī∣ge, to translate and alter the an∣cient lavves and customes of that Realme, and cōsequently to trās∣forme the gouernement of that Nation in to a Prouince; or at the least to thrust in to the Royall throne, against the right course of english lavves, a forainer bred & borne farr of, vvhiche neyther in her ovvne personne, nor any bra∣unche

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of the roote from vvhence theis practizers pretend to deriue hir title, vvas auer herde or tho ught of in the memorye of man, nor before mentioned in any re∣cord of any age, to suche effect or purpose as novv is deuised; Nay if any such things haue bene spokē of, theis smoothe conferers haue practized in time past to suppres∣seit, & to beare the garland an o∣ther vvay, & that not longe a goe, as heare after shalbe declared.

And for the vvayes & mea∣nes to dravv this on, they are ma∣ny, but all rovvghe, vneauen, te∣dious, indirect, out of the highe vvaye that may be lead to any good end, all things vvell vveig∣hed, yet agreable to suche an at∣tempt: as in like trouble some in∣terprises it falleth out, that odd shifts must be made for tooles to remoue blockes, to skovver strets,

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& make vvays clearer, for crafty surmises, & vvily insinuations to vvalke more smoothely & currāt∣ly to the marKe. Touchig the sco∣pe&butte of the booke, I vvill spe∣ake hearafter generally, for the particular mischiefes therof euery true english mā dooth throvvgh∣lye see at the first sight, In the mea∣ne tyme, let vs serche the vvayes to see vvhat monsters lye hydden therin; And soe vve shall find thef∣fects like to folovv the practizes of theis conferrers, vvhat gloriou∣se pretense so euer they geue.

Thersore, first to begine vvit∣hall, emonge diuers Crafty shifts vvhiche vve finde there is a deuice to make the mattet seeme good by all lavvs as vvell Civil Roman, as municipial englishe, touchinge Ciuil gouernement and direction of thenglishe nation, for guidin∣ge the course of that Crovvne,

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Although the same deuice be op∣posit to that aunciēt ordonaunce, vvhich for abolishinge the force of Cesars Civil lavves our of that Realme, & for establishinge a mu∣nicipial lavv there vvas ordained by authoritye of that famous ho∣ly father Pope Eleutherius euen in the begininge, vvhen Christian Religion vvas first vniuersally plā∣ted in that Iland, and vvith the full consent, and vpon request as vvell of the Christien Kinge of great britaine, Lucius, as also of his nobilitye spiritual and tempo∣ral lords of that Realme.

This deuice beinge once set dovvne, then tvvo lavvyers, the one a gētilmā, theother a speciall temporall lavver of englāde must be brought in to represent the persones of all other lavvyers of professions, & vvith the tongues ofbothe those lavves, Thies tvvo

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(vvhiche neuer before agreed in this affayre, & many other) must be novv made fryends (or els all vvere marred) to conspire vvith certaine Idle troublesome trauai∣lers against the municipial lavves, yea cōtrarye to the purpose vvhy bothe those lavves vver made, vvhiche is to make peace: and a∣gainst the profession of all good lavvyers, vvhiche is to resolue doubts and quarels spetially vvhē dyets are appointed for consulta∣tion, as the finall cause of this as∣semblye touchinge suche an af∣fayre, vvolde haue bene, if it had bene called in gods name, and col∣lected of setled men, & not of vvan dringe trauailers: vvell, this nevv reconciliation of auncient aduersaries, is novv thovght to be necessarye, as in like practizes of innouation hathe been often v∣sed against truthe & Iustice, for

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novv, by their agremēt, vve must haue not only a trāsfiguration of the shape & forme of that com∣mon vvealth but a transmutation also, or translation at least of the verye matter, vvher vpon the true common vvealthe of englande, & euerye particular mans state doth rest, and that is the lavves, & lavvful customes of that Realme, as a speciall meane to haile vs al to the forsay de scope: And all this must be contriued through that∣tonement of this tvvo lavvyers, by a more spedy intrusion of Ce∣sars Ciuil Roman lavves thovvgh they are by authentique authori∣tye longe agoe abolished, & by continuall silence vvorne out of vse & buried vvith a free consent of the vvhole nation in manye ages.

1. And amonge manye conclu∣sions agreed vpon betvvene the∣se

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tvvo, one must be, that vvhat soeuer the Ciuilien sayeth, our tē∣porall lavvyer must svvere & sub∣scribe to it, be it true or false: and he must up holde the Ciuiliā vvith yea or nay at all assayes that may serue to ouerthrovve the munici∣piall lavves of englande vvith out respect to the vveightye reasons & sage considerations therof de∣riued from the lavves of God and nature, as most agreable to the cō∣ditiōs and qualityes of that natiō.

2. An other conclusion is that theis tvvo lavvyers thus prepa∣red for opinions & affectiōs must set forvvard, so as the Ciuiliā shall lead the vvaye, & the tēporal la∣vvyer must folovv, the Ciuilian shall goe before, not as the angel Raphael vvent before younge To∣bye, to chase a vvaye murderinge diuels, but to call in mischieues vpō mischieues al maner of vvayes

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by contentiouse spirits: not to de∣mande due dets vpō lavv fall spe∣tialties, but to make vndue dets & bank roupte by playne rauin & robbery: not to procurre a ma∣riage by order of lavve vvith due respect to proximitye of blood, but to breed a deuorse of frēdship in kinred by disturbinge the lavv∣fall liniall course of consanguini∣tye prouided by lavves, for passai∣ge of thinheritance & successiō, & that in suche a sorte as hath not bene allovved by Iudgement of lavv to passe in englande though by violence some suche enormi∣ties haue bene intruded and bol∣stered for a vvhyle to the horrible ruyne of manye noble families not recouerable. The temporall lavvyer also for his part must fo∣lovv as an echo not betvven tvvo hills or like place vpon stoppage of breathe for modestye or feare:

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but in playne fields not subiect to rebovvnds boldly vvithout blus∣hinge to correspond, not caringe if all true englishe men of all sorts & degree doe vvonder after him; yea he must folovv, not as the litle kinde Dog folovved yong To bye to serue his right master: but as the mastyue folovveth the Tinker for his ovven commoditie, to beare the burdē, lest his master ouer la∣bored could not attaineto his In∣ne, & hym selfe should leese his bayte, for it appereth demonstra∣tiuely that the Ciuilians credit for this matter, in the sight of all true english mē vvould be litle vvorth is the temporal lavvyer vvere not present to contenance the same: And if the Ciuilians plea be reie∣cted, the temporall lavvyer must seeke his meat in the myre: for he deserueth to be casten ouer the barre, as an ambidexter: Neuer∣thelesse

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he can not stād this vvaye also in any great stead at theende vvhen the matter commeth to hammeringe by right tooles.

3. A third conclusion of this ac∣cord is that theis tvvo lavvyers must cōforme them selues some∣vvhat to the manners and condi∣tions of those troublesome tribu∣nes, the paires or couples of pen∣sioners among the states of the lo∣vve Countryes: so as by treadinge the steps of popularitie thei maye Imprint a fauorable opinion & li∣king of this purpose in the phāsies & conceits of people vvho euer delyghte in change, and loue mu∣che to haue suche houlde on the brydle as thei maye cōptreol their Soueraigne or ouerthrovve hym out of the sadle, vvhen they lyst: Therfore a popular doctrin must be published as a lavv, & ther v∣pon must folovve a difinitiue sen∣tence

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indifinitlye that thinheritā∣ce & succession of the Soueraigne gouernement in that Realme do∣eth depēde vpō a multitude, so as at theire pleasure they maye pike a quarell sufficient to disthrone theire lavvfull kinge and vvhen they lyst to cal for an election of a nevv kinge, because their pleasu∣re must stand for a lavv in this ca∣se. And this multitude forsothe must beare the name of a commō vvelthe vvhen they comme to gither, though often tymes it fal∣leth out to be a common mischi∣efe or vniuersall confusion: yea & assembled onely or principally by aCanuasse & practize ofsome one or other popular personne, malcontent, & seditiouse or am∣bitious: vvhich by a gracious opi∣nion among the people is hable to bringe the may game home to his ovvne or frynds houze; for

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hovv, and by vvhat authoritye, that multitude is to be assembled, & other circumstances most ex∣pedient and necessarye, thies la∣vvyers neyther define, nor regar∣de, It is suficient at this tyme in their bookes and for theyr pur∣pose, if theire assemblye beare a shevv of a common vvealth by somme presence of the no∣bilitye & commons, any thinge or matter that by thes tvvo lavvy∣ers is expressed to the contrarye notvvithstandinge. And this sen∣tence thus generally set dovvne, is to be made good allovved and ratiffied by pretēce of sōme prin∣cipals, maximes, or assertions of Ciuil lavve or lavvyer, suche as though in speciall cases, for some singular respect, in a priuat sence, vpon due circumstances, and ne∣cessarye occasions (to speake on∣lye touchinge designements, &

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ordinances of a true vnfeigned cōmon vveth and not other vvy∣se) may be true, & haue somme grovvnde in the Ciuill lavve, yea in common reason, & maye also stand vvith thenglish lavves: yet neuerthelesse to serue these mēs turnes, in pleasinge the mul∣titude, they must be made gene∣rall vvith out exception, to ouer∣rule the municipial lavves of en∣glande, And this sentence must also be confirmed by exāples and patterns of practizes executed in colorable common vveathes, or rather disordered multitudes, beinge no common vvealthes in deed, but prodigious monsters of manye heads, vvith out a good foot to stand vpon, and in mate∣riall points for temporall affayres agreable to that of Holande and Zelande at this daye: Soe as those most seditiouse rebels shalbe ha∣ble

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to auouche this popular do∣ctrin by authoritye of thies tvvo lavvyers to vvarrāt their rebelliōs against their most lavvfull Soue∣raigne. Therfore (by the vvaye) a man may note vvhat good ferui∣ce thies conferers haue done by this popularitye to that most re∣noumed kinge Catholique, in ge∣uinge to his Ma. a colourable pre∣tence of title to an other kinges Crovvne, to minister matter of vvarrant for a rebellious rout to thrust him selfe fourth of his o∣vvne Crovvne.

4. Besydes this popular Doctri∣ne, vve must haue an other deuis to leade the multitude vnder a penthouse in the shadovve of a lavve more nearer the mark novv shot at against the lineal course of inheritance in cases os feesimple. Therfore other allegations must be brought in to the court by the

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Ciuilian as principels and maxi∣mes deriued from his lavv, vvhi∣che in deede are no other thē fan∣sies or opiniōs of theone side of a controuersie, vvherunto it liketh novv this Ciuiliā to subicribe, ne∣uer set dovvne in the corpsof that lavv, but fovvnd in comments & gloses of lavvyers as notes or me∣morials of exercises, or of allega∣tions vpon sutes passed on the be∣halfe of some cliēt, neuer defined authentiquelie by comon cōsent, but remaine as letigious, apliable (like the rules of lesbos) to the di∣uersities of mēs opiniōs grovvin∣ge vpon affections, or other irre∣solute concepts. Neuerthelesse they must no vv be all defined as true & certein on that syde vvhe∣runto it liketh thies lavvyers to leane. And if they happē to stum∣ble vpon a certayn rule either in the bodye of the Ciuil lavv, or in

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the note bookes & monuments of Ciuilians, that must either haue suche constructiō, as pleaseth this Ciuilian to enforce, or els it must be sayd to stand certayn & cleare also for english affayres, & be pre∣ferred before the most currant ru, les, & most certeine maximes of our english municipiall lavvies, hovv opposit so euer they be to thēglish forme of la vufull gouer∣nement. And a accordinge to this Ciuiliās rules must the inheritāce & succession of the english Cro∣vvne be squared for the covvrse therof to runne as pleaseth this Ci∣uilian to vphold the same vvith the bolster of a frē ticke multitude seduced by a conterfaited tempo∣ral lavvyer: for euerye factious as∣semblie (if it once take place, and cary all vvay cleane) must be ac∣compted for a common vvealth in thies mēs books, be they neuere

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so often assembled in one yeare, euerye one opposite to the other in all extremities. And by the pra∣ctizes, gests & procedings of su∣che common vvealths must thies axiomes & principles be cōfirmed as by imitable & exemplare pat∣terns at all assays: So as to helpe or hinder any pretend or in this case it must be sufficient by thies mens rules to say, this or that vvas done vvithout respect to this or that ought to be done: or vvhat the la∣vve sayth for her selfe against this or that act: Thus are vve novv co∣me by help of thies mens Doctrin to reuiue & allovv for lavvfull the sayenges and doings of olde tyrā∣tes (vvho to iustifie their vviked∣nesse vsurped in a maliciouse sen ce that anciēt prouerb: quod exem. plo fit id iure fit) euerye thinge, be it neuer so bad is lavvfully done, if it can be exemplified to haue be∣ne

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done, espetially of a multitu∣de, that may seeme to beare the colour of a common vvealth. As if a Tyrant defacto & malefacto, vpon possession, & vniust posses∣sion too, shall therfore be a true kinge de Iure right fully by order of lavv: As if right ought to fol∣lovv possessiō, & possessiō should rule the right: As if an vnlavvfull bare possession of the dissezor & his heyres in case of inheritance & successiō by a lineal discēt to that Crovvne ought by lavv to disha∣ble the right of a disseizer and his heyrs, or in any other, ovvt of the poynt of lavvfull prescription: a prik of a vveapō sharper thē thies lavvyers vvil be hable to vvard, If the matter cōme to a demurre in lavve.

5. Furthermore the trauailers for theire parts must help the credit of thies lavvyers by a couple of

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odd shiefts, or els all vvill not goe streight, for by the meanes of their raunginge throvvgh by co∣untries, vve must haue a common opinion setled euery vvhere, if it be possible, that all is true vvhiche thies tvvo haue sayd, as agreable to the lavves of nations; And con∣sequently a cōmon fame of three horrible blasts must course both ayre & earth to possesse the min∣des & mouthes of the ydle vvorl∣de speciallye amōge the symplest and most credulous of one side, vvhich for meede or dreede ar to be lead avvaye, amōg suche of an other syde as are naturallye dispo∣sed, or maliciously incited to desy∣re a chaunge; The first blast is an vntrue surmise of a doubt fulnesse to be in the municipial lavves of englande touchinge the inheritā∣ce & succession of the Crovvne of englande, vvho ovvght to haue it

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albeit in truthe the matter is verye cleare in the Iugement of the sa∣me lavve & of all the vvisemen, lavvyers, & others vvhiche haue interest to Iudge therof, as vvhose states doe depend ther vpon: Ne∣uerthelesse it appereth by their ovvne confession that the doubt shall lye, not in the lavve vvho ought to haue it, but in theuent vvho shall haue it: not vpon right but vpō the oportunitie of time.

The second blast is a daungerous insinuation, full of sclaunderous vntruthe & intolerable in dignitie vvith contradictiō, that the Real∣me of englande is at this daye, & hath bene many hundred yeares destitut of a lavvfull Soueraigne. And vpon thies tvvo must folovv a third, to vvit a generall chalenge for the Crovvne for vvhan that surmise of doubtefulnesse hath possessed the myndes of the peo∣ple;

Page 32

all competitours and preten vvil take occasion of chalengde, euerye one for him selfe, and the most mightie by force or frends∣hip vvil beare all avvaye; And the other blast by insinuation shall serue as a motiue to inforce the people of al fortes for their ovvne indemnitie, either to seeke the blud Royall vvher so euer they think it to be: euerye one after his ovvne conceit (and to bring it ho∣me if it can be founde, or to intru∣de one or other into the place, & affervvarde for a colour of in dife∣rencie to call for an election of a kinge or Queene by the deuice of thies traualers, vvho mynde to so∣vvnde a trompette that there is not novv liuinge any of thenglish blood Royall borne in englande, nor els vvhere inheritable of that Crovvne, or capable of it, saue o∣nelye, theone of tvvo, they care

Page 33

not vvhether and those must bee the late Catholique kinge him sel∣fe, or els his daughter.

6. And (to speake some vvhat in particular touchinge the absurdi∣tie of the sayd surmise) it greueth my very hart to consider vvhat paynes thies men do take to con∣sume theire naturall coūtrie vvith the terrible fier of greate discord & euil diuisiō, and to vvhat fovvle shifts they are driuē, that thei may cary all avvay cleanly, lest they be accompted among them, vvhich euen thē are most deceitfull, vvhē they most pretend to be iust.

Therfore to put the vvorld fourth of suspition, & them selues fourth of Ielouzie. (an inconuenience that comenly hapneth vvhen old foes are be comme nevv fryēdes) thies tvvo lavvyers, for an other conelusiō must comply vuith the tyme like vvether vvise mē ofles∣bos,

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for thies deuises can not be so closely rolled vp but that simula∣tion must vvalke smothely, either vvith tergiuersation to please & displease, or vvith yea & nay to contredict them selues, & in fine, to couer all vvith doublinge & re∣doubling betvvene playne vvor∣des & crooked meaninges, from one sensse to ane other, as far as a∣ny equiuocation, pregnancye or other elenche of Sophistree, le∣gier demaī, or deceipte of sight cā helpe for cariage of all avvaye uvith the generall drist; And (as I said before, vvhiche is to be noted after) lest theire surmise of dout∣fulnes in lavve doe faile, they vvil in the ende depende vpon tymes, speciallye as they may be made to stande, more then vpon doutfull∣nes of lavve, So as to them maye vvell be applyed, that odle pro∣uerb, Omnia pro tempore, nihil prove∣ritate,

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they measure all according to the tyme, & nothinge to the truth, like men geuen ouer, to vayn talke, desirous to be accom∣pted Doctors in lavv, and ether vnderstande litle, or regarde lesse, vvhat thei affirme or denie, if their ovvne turne may be serued vvit∣hall, no not thoughe the vvorlde do eth see hovv miserabli theire o∣vvne cōsciēces may be gauled by such shifs: for better euidēce herof vve may note other olde corners of particular shifs that thiese men are forced to seeke for pleasig the tyme to further their surmise, for though they vvorlde confesseth, & none vvilbe fovvnd so Impu∣dent as openly to deny that as all men vniuersally and in particular are bovvnd by the lavve of God & nature to vvish & desire the cō∣finuance & happie preseruatiō of common quyet vvelth & felicitie

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of their natiue Countrye: so are they also by the same lavves bo∣vvnd euery one for their degree of qualitye, condition and possi∣bilitie, to employ all their bodilye trauails, all their externall povvers vvith discourse of reason, pregnā∣cye of vvit, cares, industries, and al their internal forces to prouide best means for furtherance & ad∣uancement of the same common quiet, vvealth & felicitie, yea and to preuent, cast of and eschevv all Impediments thereof, & all occa∣tions that may breede any peril to the same, And albeit amonge the commodities cōcurring vvith the happy state of a Realme next to the reuerent loue & due obedien∣ce of subiects to God & to their Soueraigne for the tyme beīg the greatest preseruatiue of quyet a∣mong people, by confession of vvisest men, is to fore knovve an

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heyre apparent of the Crovvn: so amonge all the inconueniences that can be practized against the prosperouse estate of a Countrye, that embraceth an ordinarye dis∣cēt of theire Soueraigne by vvaye of inheritance and succession in a certaine knovve issue & ofspringe in a linial course according to a municipial lavv, or lavvfull custu∣me None is more vvicked, in it selfe, more pernitiouse to the state more vntunable in the earses of al godlye vvise men, nor more scā∣dalouse to the vvhole vvorld, thē is either to houlde the opinions ofsubiects in suspence & dovvt, vvithout offer of resolutiō, vvhat that persone is to vvhome they ought by order of lavv to beare allegeance after decesse of their present Soueraigne, or by any vvaye or meane to broache or to nsinuat any dout or ambiguitye

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therof, vvhere ther is a setled opi∣nion of all vvise men to the cōtra∣rye. Aud though it be so euident & demonstrable as nedeth no ex∣emplification hovv carefull good princes, & sovvnd comō vvealths haue bene in tymes past to auoyd such ambiguities, & hovv curious some kinges haue bene in suche a case, vvho hauinge lavvful issues inheritable & capable of that Crovvne, vvith out exception, suspi∣cion, scruple, or doute neuer the lesse before their death, haue by spetiall othes, & cerimonious sub∣missions of their ovvn principall subiects, established the state ex∣pectant in their issue: not for any dout in lavv touching the true & lavvfull title of their issue in the right of inheritance, (as these tvvo lavvyers vvould vvrest that good prouidēce of princes but to arme them selues & their issue against

Page 39

all euents, for preuenting of am∣bicious & seditious purposes of popular persones, vvho at chaun∣ge of Princes vse to put out their hornes more boldly then before, vpon confidence of aduātage by oportunitie of tyme, to dravve∣uents contrarye to thintention & expectation of the lavv, ascope vvherunto thies lavvyers shoote all their bolts, Al thies euidentes & confessiōs of truthes, and all thies stratagemes & prouidēt pollicies of good Princes and sovvnd com∣mon vvealths notvvithstandinge, our tvvo lavvyers vvith their tra∣uailers haue taken courses quyte contrarye, In so much as by ne∣glecting, yea vvilfull reiecting the foresayd prouisions & good poli∣cies for preseruation of common quyet by mature cautions & re∣medies of lavves against mischie∣ues & inconueniences that may

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grovve by vvant of due foresight to knovve & acknovvledge a la∣vvfull heyre and succession to the Crovvn, Thies men doe practize by all meanes to haile men head∣longe in to vvilfull doutfulnesse and ignorance thereof: And to furthcr their purpose vvith a glos∣se of flatery, to please this tyme, the Queene must be iustifyed, & her doeinge cōmended for pro∣hibiting the declaratiō of an heyr apparent, so as it must be vvell al∣lovved that no speciall lavve or order be established to cut of all dovvts in lavv or tyme that may Iustly grovv for vvant of a certain knovven successor to bee named in her life, hovv daungerous so euer the delay thereof may be esteemed for the tyme to come, for so thies conferrers are not as∣hamed to conclude in expresse vvordes; A most monstrouse ex∣cesse

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in speache against all reason equitie and good conscience. And this must be hudled vp vvith fevv vvords as a confessed maxime to please her humour, & to serue theyr ovvne turne yea this absur∣de surmisse of doubtefulnesse (cō∣trarye to the good counseill & fo∣resight before mencioned, must be bolstred by vayne blasts of cō∣mō brutes, vvhilst vvith varieties of opinions and vpon incertain∣tie of tymes they seeke to couer truthes amonge mists & cloudes for vvininge of tyme, suche as po litike simulation, & dissimulation vvith help of poetrie can breath & puff out to dasel the sight of simple, or credulous people: in hope to gayne the victorye by ay de of tyme: yet it mai fall ovvt (as it hapneth amōge all garboy∣les amonge multitudes) that the matter in question vvilbe founde

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more dout full vvho shall preuai∣le by force and violence, thē vvho ought to preuail by lavve & iusti∣ce And so perhaps suche as think them selues surest, may be accō∣pted amōg those that make theire ovvn reckening vvith out ther host. But to encrease the sayd sur∣mises of dovvbts vve must haue many other speciall deuices by pleasinge the tyme vpon a pur∣pose that this libel mai haue more rome to passe & repasse vvith the lesse difficultye.

Therfore as her Ma. policye of delay must be highlye extolled so must she be born in hand and the vvorld made to beleue, by a com∣mon forme to, for vvynninge of tyme, that none of the dovvbtes must seeme to touche her title, all thinges must seeme cleare durīge hir tyme, Neuerthelesse the titles of al those frō vvhēce she directly

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claymeth and of all those vvhich are to clayme frō her are by thies lavvyers called in questiō: Apoint of most impudent flatterye vvith subtill conueyhance of vvords, vvhiche she her selfe derideth knovvinge hovv short thies felo∣vvs vvold make her tyme, if they could get a tyme to serue their o∣vvn turne, as may be seene by the practises and deuices vvihich ha∣ue byn made against her and her state since the verye same tyme.

And to aduaunce his surmise vve must haue an other odd shift that must haue a longe reache, for all matters must be affirmed by vvay of protestation, vvhich vvill not be mainteined for sufficient pleadinge vvhen the matter co∣meth to hearinge in court of re∣cord before an indifferent Iudge, but vvilbe disliked & denied mightiely: A subtil shipft of des∣kant

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to auoyde blame, if matters be not vvell taken, and to serue for baites if a partie cā be made to vpholde them; for example, no ordinarie course of inheritance in fee simple by lineal discent in blood neare or farre of to the Cro vvne of englande accordinge to the lavves thereof, must be regar∣ded othervvise thē suche as from time to time shall please a multi∣tude that is hable to geue a colour of a common vvealth: Again all pamphlets books and vvrittings that haue bene spread a brood, fra med effectionatli accordinge to the variable opinions of eache mans priuat appetit be it sincere or sinister must be gathered to gether in to one volume and al∣lovved as authentique, vvith out distinction so fare forth as they may make a shevv of doubtful∣nesse in respect of varietie, though

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the erronious eyther haue been sufficientli confuted, or neede no confutation, but are condemned In the iudgement of all vvise mē. And though all be allovved and brought in to make a shevv of doutfulnesse in respect of their nomber & varietye of opinions, yet they must all be condemned of partiallitye, except one vvhich must serue the turne; yet there must be no contradiction in the∣se mens vvords, for all passeth by vvaye os protestation: More ouer euery mans pretence of claime to the Crovvn must seeme iust, and his allegations true, for none must be discouraged to stur questions and dovvts; yea the matter is so handled, that euery one vvhich is of kinne to the Crovvne, hovv farre ofso euer it be, shalbe allo∣vved and encoraged to pretēd & clayme a title, both men & vvo∣men,

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to make the matter much more dovvtfull, as the nomber of pretēdors encreaseth more & mo∣re; though in verye deed thies la∣vvyers intend that none of them shalbe hable to preuail, except o∣ne of tvvo, at the most they care not vvhiche, as I said before: yet it is not long syns they both should haue bene excluded and an other preferred, if thies lavvers myght haue their vvilles. Besyde all this, theise lavvyers vvil protest indif∣ferencie to all, though they shevv them selues fryndes to none but to one alone, vvhich in their cō∣ceits vvilbe hable to rule the ty∣me; And some persones & their cause must be couertly abased, vvhose renovvne other vvhils these men haue magnisied, as so me others must be extolled abo∣ue the skyes vvhome in other tymes they vvolde haue blotted

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fourth of their bookes: As also the late Queene of Scotts Mary of fa∣mous memorye, and consequent∣li her heires must be reiectedvvith in dignities, and impudently spot∣ted vvith infamy of treason & o∣ther crimes to please the tyme, though vvhen tyme serued they thought othervvise of her, or els they vvere most odible dissēblers to speak of the chefest of thies cō∣ferrers. The state of a Monarchy must seeme to content thies la∣vvyers a vvhile in some place a∣broode thoughe thei vvoulde per suade the people that the state of a prouince vnder a foreine Prince vvere better to be established and continued at home, to serue the presēt turne. An vnsauerye sain∣ge to the sences of all true englis∣he men, & meriteth smal thankes at the Kinges hādes I spare to spea∣ke of many other particular shifts

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for breuities sake, & because the vvise reader easelye find thē. But by thies a man maye vvell cō∣ceiue vvhat good reason ther is to moue a dislik of the vvayes & mea nes vvhiche thies lavvyers haue deuised to lead the simple men to the marke that they shoote at.

And vvith all it is vvorth obserua∣tion to mark hovv curiouse & ho∣vv full of vvordes thies lavvyers shevv them selfes in prouinge so∣me thinges that no vvise man vvil graunte, so subtil conueyhance they haue to seduce othets. An thus much touching the manner & forme of their procedinges.

Novv thē to speake somevvhat of the circumstances touchinge the proper effects or casualties de∣pending vpon the practizes and shifts, or concurringe vvith them vvho seethe not those horrible scandals, & steepe dovvne falls,

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threatninge present ruyne to all obedience, humilitie & Ciuil or∣der, vvhen it shalbe knovvē to be allovved for an vndoubted maxi∣me and published vvith the trō∣pet of commō fame, as a prescript lavv, that a multitude hauinge on∣ce got by any indirect practize a conterfeited name of a comon vvealth (for suche are the commō vvealthes vvhom thies lavvyers haue produced for theyre profes) may lavvfully place & displace kinges and Soueragns, accordin∣ge to their restelesse humours and affections; vho cōceiueth not the consequences of this Doctrin? vvhat other good cā be expected to folovv it, thē that preposterous∣ly against all good fashion & or∣der, accordinge to a lesbian rule reason shalbe addressed to mens doeing, & not their doeinge dire∣cted to reason: lavves shalbe con∣strued

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according to the sensuall vvils & appetits of a multitude & not the multitude reformed ac∣ding to Gods lavves: And cōsequēt∣ly the Soueraign shalbe forced to accōmodate him selfe agreable to the māners & cōditions of his sub∣iects, & not his subiects appliable to tharbitramēt of their soueraign be he neuer so good & gratiouse longer thē they vvil obey: Thē in vvhat quiet state or securitie is that nation like to stand vvhich hath a Soueraigne vpon souffrance one∣ly de facto, in respect of a bare pos∣session durante bene placito populi: at the vvill of the people onely: and not de iure in his ovvne right to cō∣tinevv by order of lavv, othervvi∣se then as it pleaseth the people to interpret the lavv frō tyme as the varieties of humours doe alter their dispositions: Euen so, vvhat good assurance can a Kinge or So∣ueraign

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haue or expecte for safe∣tye of his state or persone, vvhen the people shall haue suche a di∣rectorie as vvil make theire actiōs good & allovvable to displace him at their pleasure, because so∣me multitude vnder a colourable name of a comon vvealth hath doen the like, for in suche sorte thies lavvyers doe argue. By thies general circumstances & an infi∣nit nomber of particular enormi∣ties, absurdities, mischiefs & incō∣ueniences concurringe vvith this popular Doctrin, A vvyse man may easely conceyue vvhat com∣mendatiō thies tvvo lavvyers de∣serue for their conference: & they them selues vvolde easelye be en∣duced to confesse, if either theyr ovvne consciences vvere discoue∣red, or the state of tyme vvere su∣che as vvolde alter the cafe & in∣uite thē to tourne ouer the leafte

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to thoetherside: But touchīg thef∣fect of this popularitie vve shall haue occasiō to speake more here after.

In meane vvhile it is a vvōder to see vvith vvhat glosses & cōments they seeke to delude simple per∣sonnes by vvaye of preocupation & forstalling of mens conceits at first sighte to auoyde all farther e∣xamination of their straunge pro∣ceadings, for they haue proctors & brokors in all places to extoll them and all theyr attempts abo∣ue the skyes vvith generall spea∣ches; And by the industrie of thies trauailers a common fame is blo∣vven a broade, that al vvhich thies men doe is done in ordine ad Deum, in a course to God vvard: & ther∣fore are not reprehensible nor to be called in question by any: As if there vvere no other vvaye allo∣vvable to lead vs tovvard God

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then by that most inconuenient passage vvhich they vvill iustly cōdemne in others: to vvit, by in∣nouatinge most iniustly settled lavves, to supplant right & esta∣blishe lavves: to disseize trevve heires of their lavvfull inheritan∣ces, and consequently to haile and dravv innocents through bloody shambles, to massacre all sortes of people bothe friends & foes: for suche vvilbe theffects of theire sur mised doubtz, vvhils vvith a vvic∣ked conspiracye against the vv∣hole corps of theenglish blood Royall bred & borne in England, or in the same Iland, & against all the nobilitie & commons of their natiue Countrye vnder most vn∣iuste pretenses of vvrested titles ther practises for doubts doe tēd to no other end then to procure a conquest vuith a common hauo∣ke & confusion of home bred ci∣tizens

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& of a vvhole nation for aduauncinge of foreigners, like men that care not, for a most vn∣certeyne gayne to throvv them selfes & others into a moste cer∣teyne mischiefe, & a labirinthe of all kinde of miseries, vnder a vay∣ne hope of an vnsteadfast tyme, vvith a pretense notvvith standin∣ge to loue all, though vpon the matter, it is like to fallout that thei loue none but them selues & thei∣re correspondants: nor them nei∣ther, if the euent be not ansvvera∣ble to their desires. Therfore vvhat course so euer thieslavvyers vvith their aduocats, proctours at∣turneys, solicitours, porsuyuants & apparetors vvolde seeme to ta∣ke tovvardes God, or the vvorld in vvords, and vvhat faulte so euer they vvold impute to others tou∣chinge the sayd kinges priuat de∣signes, or a common cause, It is in

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very deed more then probable, that they them selfes by there bu∣sy heades vvith their brablinge discources in suche an imperti∣nent conference haue doen ill of∣fices to bothe, and are not like to gaine so great thankes as thei loo∣ke for at eythers handes, but mu∣che blame & reproof, vvhen all reckeninges are made, and all ac∣compts casten by iust & skillfull auditors.

Novv then for so muche as cō∣cerneth the king, many vvise men of diuers natiōs hearinge the mā∣ner of proceeding in this confe∣rence are persuaded that thies la∣vvyers and their trauailinge com∣panions by their rashe attempts so impertinētly in suche a vveigh∣tye cause haue preiudiced his Ma∣many vvayes: As amonge the rest, none is greater, nor more conta∣giouse, daungerouse, & domagea∣ble

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to his persone and Ma. Royal, then is the platforme, of the sayd popular Doctrin, first layde in Scottland, after sent a lost in the lovv Corenttyes: attempted in Ar∣ragon, and ready to be raysed, ro∣offed & builded vp in all nations. Therfore vvhat speciall fauour so euer thies men, aboue all others, vvould protest tovvards the kīges deseignes all vvise men maye per∣ceaue that they seeke their ovvne priuat; hough very vnprouidētly more thē the Kinges aduan̄cemēt in honor, Ma. orother vvays: for if their principall intention tou∣chinge their ovvne priuat, had relyed vpon suche substanciall meanes in praynge the Kings ayd as vvere expedient, & most agrea∣ble to his Ma. dispositiō. touchin∣ge the comō cause, they vvoulde neuer haue sovvght to set vvyde open so large gappes, doores, and

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vvindovves for rebellious multi∣tudes to enter and clayme autho∣ritie ouer their lavvfull Kinges, & Soueraigne, vnder pretenses of glorious styles, & titles of cōrnon vvealths, & stats of a Coūtrye, For vvhat other instrument then this enormious rule of lefbos, had that monstruouse minister of Scottlād GEOVGE BVCKHANNAM to euer throvv the most noble Queene of Scotlande & the com∣monvvealth thereof, by seducin∣ge the nobles & commōs of that Realm, yet not all, neither, nor the most part to be accompted in vveight & measure, though e∣nough & to many in nomber, for maKīg of a party to geue a shovv of a comō vvealth hable to vvage battaile in open field against their lavvfull Queene, to thrust her in to prison, & after to expell her for the of her ovvne dominions, and

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finally to practize her death in a foreing Countrie: a most barba∣rouse fact, & suche, as against it, thies lavvyers haue in tymes past exclamed mightilie vvith mouth & penn. Neuerthelesse if the Do∣ctrine vvhich thies men allovve be true, (as it pleaseth them to de∣liuer it,) vve must also allovv this fact, as good and imitable, being doen by a common vvealth.

And vpon vvhat other grovvnd thē this, did those madd ministers in Scottlāde snacthe the brydel in to their ovvne handes, & in most malepert māner presumed to thret ten their kinge that he shalbe sent after his mother; if he vvill not mainteine the Covvrse that they had begon, meaninge their here∣ticall practizes against his mother & his mothers friēdes, and allovv their fantasticall and irreligious covvrses, as if he vvere but a Kin∣ge

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made of clouts, & not framed nor formed by order of lavv to succede in a course of inheritāce, but to be let in, & put ovvt at their pleasur by authoritie of a cōmon vvealth of their ovvne making, suche a one, as neuer God nor good mē haue seen read or heard of a vvorse and suche as no vvise & discrete kinge can or vvill en∣dure. Euen so did not that vnna∣tural vvicked traiter, Antonio peres, by help of the sayd Doctrin pro∣cure a rebellion in Arragō against his natural Soueraign vvhich had raized him out of the dyrt in to the rāk of nobilitie, & had he not therby preuailed so farre by all likelyhode, as to haue his practize to be accompted an imitable stra∣tageme of a common vvelth, if God vvolde haue permitted su∣che malice to raigne in that coa∣ste? I could exemplify vvhat mis∣chiefe

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the same doctrine hath vvrought in Englande, but I pas∣se it ouer to an other place; in meā tyme I praye yovv vvhat shal vve say of that prodigiouse republic∣ke or colourable commō vvealth in Holand & Zeland, framed and cloke togither in a hochepot vvith the basser sorte of a rovvt & rable of artificers & handy crafts men, vnder a glorious style & title of stats? haue not they also a vvar∣rant by our lavvyers Doctrine to auoūche & mainteine: for la vvful all theyr ovvtragious & malipert rebellions and enormities more then hethenish against their So∣ueraign, & against the sovvndest part of the nobilities & commons vnder a cloak of a commō vveal∣thes authoritie? yes vvithout do∣vvbt; And vvhat so euer glosse or comment our sayd lavvyers vvill make for excuse, certein it is that

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their ovvn text (as they haue deli∣nered it to he vvorld in vvord and exēplified it by deeds forth of this late cōferēces) vvil serue those vn∣statlye states to make a commodi∣tie for seruice against their Soue∣raign vvhē our tvvo lavvyers ha∣ue sayd & doen vvhat they cā, for there hath not come many yeares amonge that vnbridled people a Doctrine more plausible thā this, vvhich so largelye & liberally ad∣uaunceth the authoritie of their cōmō vvealth, at least as they doe, & may take it, And vvilbe sure to take fast holde of it, yea the rather for that it rouethat libertie vvithī the countryevvhere the kinge cō∣mandeth, and vvith his Ma. priui∣tie & licence too as theye alledge & vpon no light presumption, & the lavvyers thē selues vvith their adherants doe confesse, though no vvise men of indiferēt affectiō

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vvill beleaue it to be true that his Ma. is priuie as hereafter shalbe declared. Neuerthelesse (to retur∣ne vvhere Ileft) the disseruices of thies tvvo lavvyers come novve to be more agruated by presu∣ming to publish or to offer suche a scandalovvse Doctrin to be pu∣blished or printed vvithin his Ma. dominions, vvere it set foth vvith his licence or no (As I veri∣lye thīk it vvas not; or ifitvvere, at the least, vvith out his Ma. priui∣tie.

For though sins the publishing of it, the auctor by him selue or frīds haue geuē out by bare vvor∣des that it vvas prīted & put forth vvith the late kinges, or this liuīg, theire priuities, licence, & cōman∣dement authētiklye yet no suche thing is auouched expresselye in the front of that booke, but gene∣rally it is sayd to be printed vvith

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licence at N. so muche to saye as at no place Iustifiable. And though it maye be suffred to passe vvith an ordinaire licence in generall maner consigned by some com∣mon censurer of bookes vpon a fauorable motion or by abusinge the credulitie of some authoritie allovved to be published, vvhich may be also doubtfull: Al this not vvith standing, no proufe appea∣reth that it hath passed for the in suche precise order by the priuitie and commandement of the king, so authentiklie, as euery man beīg vnder his allegeance is bovvnde to take notice the of, and prohibi∣ted to shevv his reasonnable con∣ceit touching the contēts thereof vnder peine to incurre the disple∣asure of his Ma.

Therfore to think that thies mē haue entred in to this matter, for publishing thereof in manner &

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forme, vvith his Ma. licence, or at the least vvith out his priuitie cō∣sent & commādement vpon spe∣ciall respect to their ovvn priuat more thē vpon due regard direct∣ly to his Ma. stat honor & aduan∣cement, many thinges lead me, not onely for collaterall matters Idly foysted in to the discours vvhiche may seame preiudicial to the Crovvne & saftye of his Ma. persone & of his honorable fami∣lie novv or in tyme to come, but also touchinge the principall sco∣pe & but of that booke. And I say for proofe in part, & for vehemēt presumption in the rest first no in different man of iudgemēt vvill imagin that in suche perillous ty∣mes as novv vvhen myndes of people in all nations are easelye to be exulcerated & corrupted vvith sores & maladies of contention, throughe superfluous humors of

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nevv fangleness, ambitiō, disdain∣gne, gredinesse of vengeance and other troublesome passions) so vvise & good a kinge vvould be induced or allured to allovv and mainteine by his Royall authori∣tie the publicatiō of the sayd Do∣ctrine so contagious & preiudi∣ciall to him selfe, & so scandalous to the rest of the Christian vvorld as therbi (if their exemples produ∣ced for confirmation ther of be al∣lovved) any monarchie hovv vni forme so euer it be othervvise mai & must be reduced to a dimocra cie or popular state, and a kinge Crovvned to day, may & must be vncrovvned tomorovve, if it so please the multitude that can ma∣Ke a partie strong inovvghe to beare the style & tytle of a publi∣ke state or colourable comō vve∣alth for the tyme; So as if his Ma. vvere in possession of the englishe

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Crovvne tomorovv, he vvere to depēd vpon the vvils of his ovvn vassals to be expelled next daye folovving, and so from tyme to tyme by these mēs lavve an other to be placed or displaced at their pleasure, &iustlie too, bi his ovvne acceptance & allovvance of this lavv, And so one, after an other so often as the vvether cok of suche a cōmon vvealth chaūgeth vvith the vvinde offactious humors: In so muchc as their kinge or Soue∣raigne shall serue them like a lac∣kye or page in a frenche ioupe to runne or ryde after theire ma∣ster, rather then sit in his chayre of estate, vvith scepter & Royal Roa∣be to commaunde like a kinge, so contemptible shall the Ma. of a king stand in suche a case. And the reason of this prerogatiue ouer their kinge is (say thies lavvyers) because forsuthe a kinge vvas ma∣de

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for a common vvealth, & not a comon vvealth for a king; As if it vvere good reason, that childrē shoulde rule their parents, becau∣se parentsvvere or dained for chil∣dren, & not they for parents, peo∣ple must rule preachers, scolars must guide scholl maisters the cart must lead carte horses & car∣ters too because preachers schol∣masters, cart horses, & carters vve∣re ordeyned for people, Scolers & carts, & not thies for the other: Neuerthelesse that assumptiō ser∣ueth not their turne: for they vve∣re ordeyned in a subalternel co∣vvrse & degree on for an other, as the head for the bodye & the bo∣dy for the head. A kinge to rule his comon vvealth, & the cōmon vvealth to obey the king. Beside theis indignities touching Ma. & state Royall there are many other deformities and inconueniences

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concurringe vvith suche enormi∣ouse succession of gouernement by a monarche, as dependeth v∣pon the phantasticall toys of a co∣lourable comon vvealth, vvhich yeeld sufficiant probabilitie that his Ma. vvas neuer priuie to the sayd libel, nor the puttinge forth rhereof, Nay it is more then pro∣bable, that if his Ma. had seene and looked deeply in to this conferē∣ce, or had bene trulye informed touching all the contents the∣reof, & the deuises for bevvirchīg the phansies of men vvith plausi∣ble matter, for more cleanly con∣ueyhance of a cōsent to their pur∣pose, his vvisedome vvolde haue vtterlye reiected that libell, for he vvold haue quickly perceyued the contradiction betvvene their opinions in shevv of vvordes, and their real proceedinges in practi∣zes, vvhere they hold titles of prī∣ces

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once setled & admitted are not to be examined by priuat mē, but to be obeied: Neuerthe∣lesse thies companions novv (as at other tymes (haue not onely allo∣vved suche examinations, but ha∣ue also presumed vpon their ovv∣ue heades, to examine titles of kin∣ges & Queens, and to determine them also by circumstaunce, yea by vvay of consultation in a pu∣blicke conference, as if they vve∣re caled by authoritye, not as pri∣uat mē, but as publique persones. Besydes this his vvisdome vvolde haue noted an od shifte of des∣kant by flatterye & dissimulation to gleane sōme credit of the pre∣sent state in Englande (for that state is novv settled) though they haue practized the contrarye in tyme past: A prety toy to mocke an Ape, but it is so grosse as she maye easelye perceue it, and for

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their merit make them a movv, euen so vvhere their vvordes run so rovvndly to curry fauour (for feare of displeasinge possessors) that vvhat so euer a princes tytle be, if once he be setled in the Cro∣vvne & admitted by the commō vvealthe, it is not to be examined by any priuat men: euery man is bovvnd to settle his conscience to obaye the same, And the reason [for so the] is that of all other they esteame the honor of a Crovvne to be most irregular and extraor∣dinarie: here his Ma. vvisedome & zeal to regall dignitie generally, besyde his ovvne ptiuat, may dis∣couer diuers fallacies, errors, con∣tradictions, yea & mōstruous ab∣surdities, accompting their com∣mon vvelth to be suche as are cō∣formable to their ovvne exāples, or other vvise as good as they vvolde make it.

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For by this Doctrine it must folovv necessarilye as most conso∣nant to reason, that the common vvealth vvhiche is to controole regall dignitie (ī such sorte as thier men appoinr) hath to chalenge a preuileige to be guided by the holly ghost, not subiect to error, in opinion or sentence iudicially, & so anevv fovvndation of a spe∣cial maxime must be lay de for he∣retiques & rebels to buyld vpon it vvhat they list, to vvit R••••••bli∣ea non potest errare, a comō vve∣alth can not erre vvhich is more then somme comon vvealths vvil allovv to the churche of God.

Again it must folovv that no mē∣ber of suche a common vvealth is to be accompted a priuat persone nor priuatly cariēd avvay daylv & hovvrely remouable from his ovvne opinion, nor may examine the matter priuatli before or after

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he come to conferr therof, or els their admission is not sufficient by this rule of theirs. More ouer thes tvvo lavvyers and all those trauai∣linge conferers in this supposed assembly at Amsterdame are by this rules condemned beinge all priuat persones for entermedlige thē selfes vvith this matter of suc∣cessiō touchinge the title of a kin∣ge. Fourthly the state of monar∣chie vvhiehe thies tvvo lavvyers do confesse & acknovvledge to be of al other formes of gouerne∣ment most excelēt & perfect in it selfe, must needs be most contem∣ptible, vnperfect, & infamous of all other because the Ciuilian so e∣steemeth the tenure of a Crovvne to be most irreguler, & most ex∣traordinarie, for the Ciuilians o∣pinion is the sentence of all thies conferrers, & to be irreagler and extraordinarye is to be vnder no

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rule nor order, vvher vpon conse∣quētly the kinge holdeth his Cro∣vvne by no rule nor order, & is of hiselse irregular not subiect to ru∣le or order; And if the comō vve∣alth be theonely Iudge ouer the kinge to cōptrol him as thies men teache vs, & none is by theire Do∣ctrine appointed nor allovved to comptroll the common vvealths sentēce, thē it must needs folovv, that the common vvealth in this case is also vnder no vvill nor or∣der, & no meruail for a multitude vvithout a head, or of manie heads none good, vvhat is it but a chaos & confused masse ovvt of al order: Thus vve are taught that the vnrulie must rule the vnruly, if an irregular & disordered mul∣titude must gouerne the most ir∣regular & exrraordinarie Crovv∣ne as theis men terme it: Nay by this doctrine, an vsurper, disseizer

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intruder, impious tyrant, or infi∣del once admitted by the cōmon vvealth must not be deposed: A∣gain a possession onely must gui∣de the right as the most materiall point to lead thin heritance & suc∣cession of a Crovvne; tvvo asser∣tiōsneuer allovved for good plees in any lavv spiritual or temporal, Diuin or humain, & most vvor∣thie of ovvt claps, vvith hisses & vvhistles, yet they must both be allovved & maīteined vnder this generall maxime of admission.

And so all enormities must be streight rules, vvronges must be rights, violence must be lavv, bad must be good, & good must be bad, if thies be allovved & admit∣ted by a multitude dravven to ge∣ther any vvaye to represēt & bea∣re the name of a republick or co∣mon stat, vvhiche for cleanelye conueyhance of a fovvl thinge in

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a fayre hand kerchife, thies men doe call a common vvealth: a spe∣ciall fallacie to abuse the simple; besides euerie lavvfull king is de∣posible for or vvithout cause, if the common vvealth dislike him: & euery quarel is a sufficiēt cause to depose a kinge if the cōmon we∣alth so esteme it, & euery kinge shalbe accompted a tyrant, an he∣reticque, an infidel, or incapable othervvays & vnfit, & consequēt∣ly deposible, because the publick state here called a cōmon vvealth holdeth him so to be & is theon∣lye Iudge of all causes in this case of a kings state & of all cōmisions that must procede from a kinge, for no other Iudge is appointed in thies mens text, A plaine con∣tradiction to their ovvn Doctrin, & an error that thies lavvers vvill not stand to if they be pressed to ansvvere by authoritie authenti∣que.

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More ouer it must folovv, v∣pon thies mens Doctrin that eue∣rye multitude so incorporated, as they got the style & tytle of a pu∣blick state in their ovvn consceit by pretence, may rightly be cal∣led a common vvealth habled by lavv to inioye all the preuileges before mentioned, though they vvant a head, yea thovvgh no vvelth nor commoditie commō or priuat be by them maintened; And that euery publick stat or su∣che common vvealth as they ha∣ue allovved, may at their pleasure alter chaunge & innouat the caur se of inheritance & succession to the Crovvn, so as they may barre the right & true title all redye cast vpon any persone, by the lavves of the same state, though the same persone be no member of the sa∣me state, nor subiect ther vnto by nature, submissiō, or other lavvful

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meanes. Consequently that the kīge of spaine is bovvnde to setle his consciēce & not impugne the ordinance of the novv English common vvealth, hovv iust so e∣uer his title be for the present, or future tyme, nor to examine any others title allovved & admitted by the same common vvealth, if that negatiue pregnant foisted in to the margent touching priuat men can not be hable to cōptroll the text vvhich bindeth euery man vvithout exception or diffe∣rence of priuat or publick. And last of all it is sett dovvn in plaine termes, that euery kinge holdeth his Crovvne by the good vvill of his common vvealth as by the o∣nely lavvfull & good tenur of a Crovvne, A playne contradiction to the state of inheritance, and an absurditie vvorthie to haue all manner of scorne & moquerye,

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neuer auuoched for any plea, ne∣uer mentioned in any booke, rol, or record or vvritting of vvise mā, nor admited in to the thought or imagination of any lavve maker, lavvyer, or other mēindued vvith common sence in Englande, and an hiperbolical fictio against the state of Regall Ma. yet vve must beleaue it, because the Ciuilian saith so, vvho by al thies trauailin∣ge opinions must be allvvayes al∣lovved. Thus vve see that by the Ciuiliās lavve his Ma. tenur vvher∣by he boldeth his Crovvne must be irregular & extraordinarie, & though he be admitted by his co∣mon vvealthe once setled in his state & therfore not remouable, yet that vvill not serue, if he hol∣deth his Crovvne as tenant at vvil of the cōmon vvealth vvho may reuoke their admissions vvhē thei vst to finde suche cause as they

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thinke sufficient, & consequently he hath no state of inheritāce nor succession, vvhat vvould the king Catholicke say to this thīke yovv, if he vvere vvel informed of this particular? Nay vvhat they of ho∣lande and zelande vvil presume, here on to thīke & say for harde∣ninge theire harts, & mainteynin∣ge theire actual rebellions, euery man seeth & his Ma. can not be ignorāt; Therfor it is not like that he vvas priuie to the contents of this book so farre as to allovv of it here his Ma. may behold the blin∣de presūptiō of thies statists vvho dare thus confront his Ma. in the chiefest point of his Maiestical sta∣te, vvith such indignities, by abu∣singe all regall dignitie so lovv as to make it the vassal of eueri arro∣gant rovvt, of any vnlavvfull as∣sembled multitude that can by hook or crroke, vvile or guyle, fla∣terye

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or violence catche & snat∣che the visard of a common vve∣alth & for more credit to their ex∣cessiue speache also vse his Ma. as a bolster to leane vpō vnder cloak of a licēce to roue freely through his Ma. Dominions vvhere it ru∣leth and comaundeth.

Yea these bold aduenturers do raūge so farre farther as by colour of his Ma. authoritie they dare at∣tempt to stoppe the mouths and pennes of all those that haue vvri∣ten against popularity & vvith in∣famie of absurd flatterye to blot the names & estimations of those men vvhich haue vvritten in the defēce of the sacred state of a kin∣ge against all popularitye It is not to be doubted that either his late Ma. vvisedome vvould be so vn∣mindefull as to vvink at suche po∣pular presōption. or that his most gracious nature vvould permitt

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the paynes & good vvilles of su∣ch vvritters to be requited for any scorne full libell put forth vnder the protectiō of his late Ma. (spe∣cially times standinge as they did then.) Neuertheles though some haue vvritten in defence of Kin∣ges & kingly state & geuen them more immunityes priuileges or prerogatiues then good kinges vvil claime, or good common vve∣alths are bovvnde to yelde, yet that excuseth not these commen vvealth mē to straye so far forth out of the right vvaye, as to en∣grosse their bad vvays by priuat monopoles & franchesies in pre∣iudice of Royall fredome and common good of all for I am sure that many haue vvrittē apologies touchinge that subiect very lau∣dable vpon good assertions and propositions vvith limitations, ex∣ceptions & allovvāces, al allovva∣ble

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by lavv of reason & conscien∣ce yea most beneficiall to vvhole & sovvnd common vvealths, but quite opposite to the general pro positions & assertions of these la∣vvyers layd dovvne for the sur∣mised authorities & their broken common vvealths, suche as they haue exemplified as patternes to be folovved.

But this proceedinge of these lavvyers is not all that vvas to dis∣līke the late kīge or this liuing, for albeit this author that carieth vpō his shoulders all the parties na∣med in the sayd libel vvoulde ma∣ke the late kinge beleeue that all tytles being doutfull his force & might should beare avvaye the Crovvne of Englāde for him sel∣fe or theinfante his daughter, and to facilitat this course made diuer∣se seminaryes priestes in spayne that vvēt into englāde by threats

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or fayre meanes to subscribe that in theire conferences there by all possible meanes, they should ad∣uaunce the pretence of the sayd infante: yet since that tyme some of his dependents vvith his priui∣tie practized the aduaūcement of the late earle of Darby an heretic∣ke to the Crovvne of Englande, vvhich vvrought his vntimelye death as many say, & besides after this he him selfe vvrotte a discour se vvhich vvas sent into Englande & published to many of the best Catholickes there that he vvoul∣de vvishe & aduise them vvhen the commoditie serued that they should make an election of some principall noble Englishe Catho∣licke to be their Kinge, so that the late King, might haue seene if he hade liued, vvhat affection & res∣pect this author caried either to him or his daunghters tytle or

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ther persons, for that as nevve in∣uentiōs & cōceipts came in to his head, he vvould frame suche ne∣vv titles & covvrses as vvould best fit the marke he shott at for his particular profit & aduauncemēt, vvhich if the late Kinge had liued vvould haue bene a sufficiēt vvar∣nīge to him for euer beinge abu∣sed by the sayd author any more, & no doubt vvill brede the same effect vvith the kinge present & his sister the infante, vvhen they shall knovv thus muche.

And as youe may herby see playnly vvith vvhat reasō the kin∣ge of spayne & all monarches in generall are to finde them selues greeued vvith these lavvyers for the litle respect they haue to Re∣gall & kingly authoritye vvhich kinges are for their saftie to pro∣uide for, soe is there none more to∣ched to the quicke by thies lavvy∣ers

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& aucthor then the kings Ma. of Scotland, nor vvhome they de∣sire to be more defaced touching his persone & Right then he, for then they doe as it vvere assure them selues, that all their drifts & practises vvould haue suche issue as they vvish vvith outlet or em∣peschement.

VVherin first their malice is greatly to be taxed that seake to ruyn & ouerthrovve a king that neuer did any of them hurte, but contrarivvise hath so far fauored somme of the authors function, that in deliuering them from da∣unger of their liues, he hazarded him selse for the same, as the par∣tyes them selues can not denye if they be asked, besides the fauour that he hath shevved to some Ca∣tholickes, & hath neuer vsed per∣secution against anye vnelest it be against somme verye fevve that

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haue bene discouered to deale in some practises vvhich he thought might be daūgerous at that tyme to his person & state.

Secondely their arrogancy is great in that they vvill determine vvhere the right of the Crovvne of englāde avvght to be, & vvoul∣de haue euery one to folovv the same, vvhen they dare not auou∣che their names, being ashamed to iustifie their ignoraunce in the common lavves of the realme & Crovvne of Englande & Genea∣logies bi the vvhich the right is to be tried, if there vvere any doubt of the kinge of Scotlandes, & yet neuerthelesse they vvoulde haue theire sayinges & courses to disa∣nulle & anichilate the manifest & knovven Right afore all others vvhiche The kinge of Scottlande hath to the Crovvne of Englande due to him first by the quiet pos∣sesiō

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his Ancesters for diuerse hū∣drethe yeares haue had frō vvhēce he is first liniallye discended, next for that he is in the first place also by the same meane & vvayes that the pretendors vvhome this libel∣ler setteth dovvne, vvoulde ad∣uaunce them selues, & if neede be can lavvfully & iustly deriue him selfe a title long tyme afore them all to the Crovvne of Englande, And lastly, for confirmatiō of the same kinges right to be the truest & perfectest of all other vvithout exceptiō Sr. Nicolas Saunders that vvas lorde Cheefe Baron of thex∣chequer in Englande Sr. Antonye Brovvne that vvas lorde Cheefe Iustice of the commen pleas. Mr. Carell called the father of the Ia∣vve attorney for the Queens Ma. of the Duchye, & Mr. Edmonde Ployden, vvhich vvere very ver∣tuous vvise & most famous mē for

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their knovveledge in the lavves of the realme & Crovvne of Englā∣de as the like hath not bene for manie yeares, did vvith out doubt & difficultie sincerely & playne∣ly resolue and determine that the late Queene of Scotlāde vvas next heire apparent to the Realme and Crovvne of Englande, vvho vvas his Ma. Mother, & so consequētly she diinge, her heires vvere to suc∣ceede, vvho debated this point vvith the aduise of the best He∣raults of Englande that could be fovvnde, & had also the opinions of the vviser & skilfuller sorte of the Realme that did accorde vvith them: yet notvvistanding all this, this ignorant author & lavvyers vvithout name neither vnderstan∣ding the lavves of England nor skilfull in genealogies, vvoulde haue their friuoulous and redicu∣lous reasons to be of more ualour

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and credit then theis a fore reher∣sed. Lastly thies lavvyers & other are to be noted of great presum∣ption & disobedience that vvith out the authoritie or vvarrant of their superiou's, & specially of his holinesse & others his predeces∣sors vpon vvhō they ought chef∣ly to relye dare ouerthrovve and make kinges forme & frame co∣mon vvealths after their pleasures & fancyes, as thoughe they vvere the superious vpō vvhome Pope & all persones of vvhat qualitye so euer are to depēde, & frō vvho∣me al persons are to receaue & ta∣ke their directions for spirituall & temporall affaires, vvhich hovve great an absurditye it is for thē to thinke that all vvise mē do not see their rashe folishe & dangerous courses, vvherunto they pretende doth argue ther insolenty, & pri∣de so much to blinde their Iudge∣ment,

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as that they see not hovv their deuises & drifts vvilbe vvho∣ped & hallovved out of all mens conceipts that be indifferent and that vvould haue their Countrye kept from tyrāny & spoile of an∣cient nobilitie, lavves costumes & priuiledges, vvhich is that it se∣meth these masqued author and lavvyers most desiere.

And it semeth straūge to vvise & vertuous people that this au∣thor & disguised lavvyers makin∣ge shevv to be Catholickes, & to aduaunce gods cause folovv not the patterne & example of his ho∣liness & predecessors vvho haue euer helde milde & modest cour∣ses tovvardes the kinge of Scotlā∣de, moste aggreable to the Apo∣stolicke, Romaine Catholicke church, vvhich is a svvete Mother esteeminge it the best and rediest vvaye to dravve & gaine suche

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princes to the right & true religiō as be out of the sayd Churche spe∣cially not of malice but by Educa∣tion, And yet these phantasticall Aucthor & lavvyers vvould ha∣ue all violente & furious courses exercised against the sayd Kinge, As depriuation of his ovvne real∣me and right to the Crovvne of Englāde, yfit laye in their povver Thoughe they see by dayly expe∣rience that both princes & other particular persons of great quali∣tye that falle from theCatholicke Churche beinge once in it, & vve∣re accompted as desperat perso∣nes for euer returninge, yet since haue reconsiled them selues vvith great repentance and haue done notable seruices by theire exam∣ples, in procuring & hasteninge others of principall ranck to be reconsiled, as namely the most Christian kinge of fraunce hath

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done, for the vvhich he deserueth immortall fame. And therfore since God hathe geuen his grace, that suche remember to returne to the right vvaye that vvere stra∣yed forth of the same, as also hath called and doth call dayly infinit nombers that haue bene borne & bred vp in heresie, in many pla∣ces & specially in Fraunce, vvher of late haue bene recōsiled to the Catholicke churche, as it vvere manye vvhole to vvnes and cities of people, & that vvhich is gteat∣lie & miraculouslie to be noted, the chefe occasion & instruments hereof to be by thre persons con∣uerted to the Catholicke faithe, that vuere in theyr kinde & quali∣tie the most sharpest and bitterest enemies against the Catholicke cause, that is to say, the kinges Ma. of Fraunce that novve is a most mightie Prince, the bishop of

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Eureux a very learned Prelate, and Monsieur sainct Marye a gentilman of great respect vvherfore should these vn∣charitable aucthor & lavvers condemne the kinge of Scottlande as desperate to reconsile him selfe to the true churche, since besides that vvhich hath bene sayd of his Ma. he neuer shevved him selfe vvillfull & obstinate in any of his actions but gouerneth him selfe vvith that vvi∣sedome, clemencye, liberalitye, & affabi litye vvithe other singular naturall and morall parts vvhich God hath geuē him that gaineth him great renovvme, & gi ueth great contentement to them that knovve him.

And it is verie like that God vvho hath bestovved these notable partes v∣pon his Ma vvill not refuse him the gra∣ce that maye make him knovve God & be best for his soules health demandin∣ge the same as he ought to do, & as vpon good consideration & conference if he vvill accept the same he may do & here∣unto no doubt vvill he be the better in∣cited vvhen he shall thinke that it is he onely of his race that svvarueth frō the Catholicke Religiō in vvhich all his no∣ble & Princely progenitors haue liued & died, And specially his most sacred mo∣ther

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vvho sealed the same at her death vvith her bludde for the vvhiche she is a Martyr, & by the meanes vvherof he is a Martyrs sonne, vvhich passeth the digni∣tye of a kinge or any other vvorldly tyt∣le, And lastly vvhen his Ma. shall here, hovv disceatfully & falslye Plessey Mor∣ney did alledge so many hundred places & passages of the doctors & others to maintaine his vvicked doctrine, vvhich being manifestly discouered in his ovv∣ne presence a fore indifferent Iudges of Catholickes, & of his ovvnne Religion, & novv knovven to all the vvorlde, ha∣ue procured hi perpetual shame, & haue made many since that tymevvhich accō∣pted him as one of the chefe heddes & learnednest ofther religiō, to leaue him & to yealde them selues to the obediēce of the catholicke churche. And therfore since there is not desperation of the kin∣ges Ma. of Scotlandes acknovvledginge the true Churche, this auctor vvith his lavvyers maye see vvhat grosse and foule errors they commit, that vvill not let God vvorke his vvill vvho hath the hartes of Princes in his handes, but vvill take vpon them, by speaches vvritinges and practises, to Censure of his sayd Ma. in the vvorst sence that may be to the

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tuine of his honor and tytle to the Cro∣vvne of Englande, because he doth not iust at that tyme as they vvould haue hi folovve their pleasures and directions, Thoughe his Holiness and his predeces∣sors haue bene & are contented to sitte stil, and be silent, vvithout doinge any thinge against his Ma. and haue reiected all informations vvhiche I haue herd of credit this author or somme of his asso∣ciats haue caused to be geuen to his Ho∣lines or some about him to procure an excomunication against his Ma. And herin it is to be noted, that his Holines & predecessors procedinges and actions ar gouerned and directed vvith ane other manner of spirit, vvisedome, and discre∣tion then those lavvyers haue bene and that they had and haue their scope and ende cheiffye to aduance Gods glorye and rhe true Church, vvith out shovvin∣ge fantasticall humors passion and par∣tiallitye as this auctor and his lavvyers haue done and do: And let them not think hovve smothely and svvhiftly so euer they hope to runne avvaye vvith their driftes and deuises, and that they vvould seeme to daunce in a nette in su∣che sorte that no man shoulde marke & finde their subtiltyes and craste, but that

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they be espied and clearely seen, And that vvhen opportunitye serueth (vv∣hich perhaps vvill not be longe therun∣to) they vvilbe mette vvith all by those that are most interessed, and that the na∣me of the aucthor of the booke of tyt∣les, vvith his odious practises shalbe pre∣sented to his Holines, and secunded vvith suche manifest profes as neyther his accustomed cauillations, equiuoca∣tions, nor doblinge vvill or shall serue for his purgation, but onely simple and playne dealing must be shevved, & than it shall appeare, vvhether princes and o∣thers haue iuste cause to be greeued and offended or no, and vvhether this au∣thor meriteth not to be chastised and commaunded to retyre him selfe from meddlinge farther in matters of state, vviche shalbe best for the publicke good and his soulthes healthe.

Notes

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