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 Constable, Henry, 1562-1613. 1600 Approx. 86 KB of XML-encoded text transcribed from 49 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2003-01 (EEBO-TCP Phase 1). A19224 STC 5638.5 ESTC S111899 99847159 99847159 12180 This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal . The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. Early English books online. (EEBO-TCP ; phase 1, no. A19224) Transcribed from: (Early English Books Online ; image set 12180) Images scanned from microfilm: (Early English books, 1475-1640 ; 218:03) 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 Constable, Henry, 1562-1613. 96 p. s.n., Printed at Collen [i.e. Paris?] : 1600. By Henry Constable. A reply to: Parsons, Robert. A conference about the next succession to the crowne of Ingland. Actual place of publication suggested by STC. Identified as STC 6913 on UMI microfilm. Reproduction of the original in the Bodleian Library. Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford. Re-processed by University of Nebraska-Lincoln and Northwestern, with changes to facilitate morpho-syntactic tagging. 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Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor. The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines. Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements). Keying and markup guidelines are available at the Text Creation Partnership web site . eng 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. 2000-00 TCP Assigned for keying and markup 2001-08 Apex CoVantage Keyed and coded from ProQuest page images 2002-02 TCP Staff (Michigan) Sampled and proofread 2002-02 TCP Staff (Michigan) Text and markup reviewed and edited 2002-03 pfs Batch review (QC) and XML conversion A DISCOVERYE OF A COVNTERFECTE CONFERENCE HELde at a counterfecte place , by counterfecte travellers , for thadvancement of a counterfecte tytle , and invented , printed , and published by one ( PERSON ) that dare not avovve his name . Printed at Collen . 1600. TO THE AVCTOR OF the counterfaicte conferēce &c. ITvvere as easy for meyf Ivvould to discouer your name vvith assured proofes as to detect the deuises and dristes of your conterfeat conference made at Amsterdam , but since as it seameth youe are ashamed to iustifye the same vvith your name , I am not he that vvill publishe it , because it might be thought by somme that are redye to enterpret thinges to the vvorst that hatred might induce me therunto , that vvhich I desire chefely to be effected by this discourse next to the inconuenience that might generally haue grovven by your fraude and desceit vndesciphred is that you vvould looke vpon your ignorance or malice or perhaps bothe , vvhich is manifest by seakinge to maKe diuision betvvene Christian Princes that are in charitye and frendship one vvith an other , by defacing the Monarchical state , vvhich so longe tyme hath ben vsed and approued , and by disposinge of the Croune of Englande not vveighinge vvheare the right lieth , but vvhear your fācye best liketh ; if in this later poit your vvould excuse your selfe by sayng you determine no mans title , the course of your vvhole booKe and diuerses practises de facto shevue the contrarye . These thinges be not os small vveight or importance , for that they concerne kinges and kingdomes , and require the practise vvisedome and experiēce of other maner of heddes then yours is , yea and that in nombre to the assēbly of a Court Parlement . Tharfore your maye see vvhat cause of discontentement you geue to all vvise and indifftrent men , and vvhat disgrace you haue braught to your selfe and bretherne , for thar if any happē to be kinge of England besides those tvuo youe vvould seme most to aduance , it is likelye , according to the rules of policye and state that your selfe vvilbe in question for meddlinge in these matters abo uè your reache and capacitye , and your bretherne vvilbe blamed and banished out of the Country for approuinge , or at the least for not chastisinge your levvde and yvell demenor , methinketh the preuenting of these incomodities should ma ke youe cōsider of somme remedyes , and the remorse of your conscience shoulde breede repentaunce vvhich cominge from the botome of youe harte vvill force youe in as ample and publicke maner to disclame and disauovve your sayd conference , as euer passion and partialitye did inuite you to set forthe the same . This is the best and casiest vvaye to satisfie the Princes discontented the people scandalized , and your selfe endaungered , and this is that I suppose your vvisest friendes vvill aduise you vnto : for my particular , I do praye for you , and vvishe no vvaye reuenge to your person , but re formation in your maners , as God I call vvitnes , vvho direct youe to that A DISCOVERYE OF A COVNTERFECTE CONference , helde at a countersecte place , by counterfecte travellers , for th aduancemēt of a counterfecte tytle , and invented , printed , and published by one ( PERSON ) that dare not avovve his name . IT is obserued , and hath bene noted , lōge in the vvorlde , that no Vanitye is so light vvhiehe beareth not somme credite , no fable so phantastical , but some vvill beleeue it , nothinge so disorderly attempted vvhiche hath not fovvnd a supporter . Euen so it falleth ovvt touchinge a certē vaine diet appointed somme yearespast to abuse the vvorld vnder the title of a conference aboute the next succession to the Crovvne of Englande , beinge in deede a confused bablinge of Idle troublesome trauailers , vvithout interest to deale in suche matter , and a verie confederacie of a practize against the blood Royall , state and dignitye , of that nation . Therfore vvantinge the true and certaine of place , persone , author , and other due circomstances ; it may vvell be called an infamous fablinge chartel or Libel , feigned to be conceiued in Holland , knovven to be fostered in spayne , falselie fathered of R. Dolman , printed at N. to vvit , no certain place Iustifiable , vvith licence of , it may not be knovvē , vvho . Neuerthelesse all must be so commended at the first sight for pleasure & vtilitye , the author so extolled for sharpnesse of vvitte , plentye of muche readinge cunninge in conueyhance , abondance of eloquēce , and other graces , as none 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 seemeth to dislike the one or the other : all suche persones must be reputed by a common fame , & there vpon condemned as enemyes to the priuat designes of the kinge Catholique , and aduersaryes to the common cause . Albeit it is very likely that the late kinge of spayne , nor this kinge liuinge vvere euer priuye to the contents of that Libel , nor expressely consented to the publishinge therof , as vvill appeare heareafter , 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 clayme neuer heard of in any age , 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 indifferent vvise man vvill allovve , that the sodainlye supposed pretendor may haue any reason by a bare clayme to think that he should beare all avvay vvithout contradictiō : especiallye vvhen the clayme 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 crime may be imputed more Iustly to the Libellor , & his libell , as preiudiciall to the same kinge and cause . For as there are manye indifferent 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 alienated from his Ma. nor frō the sayd cause , vvho are persuaded that a redier course might haue been taken vnder a better pretense for aduauncement of bothe : Euen so , there are manye others of the same opimon , vvho ( if comparisōs 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 , 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 honorable designes also , and to doe to his Ma. seruices & offices in aduauncement of his honor to the vttermost of th aire 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 sayde practizers for theire pleasures & profits doe pretend , & blovv a broode by vvordes & clamours against others , for the Catholique kinges priuat or publique designes , or for the common cause : true it is , that suche as findinge thē seliues thus affected to Gods honor & safetye of theire consciēces , and there vpō vnvvillinge to incouraige the sayd practizers & thair cōference , are the bolder to speake against bothe , as they haue greater reasons , & more effectuall motiues in vveight & measure to dislike boath ; And that in respect as vvel of the matter , as of the manner or forme , and of circūstances touchinge theffect that may depend therof or concurre there vvithall ; accomptinge for matter the lothesome drifts and scoopes vvherunto the sayd conference doth tend ; for manner & forme , suche absurd vvayes and meanes as theis cāuassers haue deuised , to abuse the vvorld , & therby to vvork ther feat ; And for circumstances of effects , the feares perills , mischiefes & inconueniēces thretned not only to the englishe natiō , but also to the vvhole Christiē vvorld , and eyther necessarilye cōcurringe vvith those cāvasses , or occasiōally folovvinge them ; yea vvayting and attendinge to offer theit seruices . The principal scoape & dryft , first in mynd , though last in operation , & in meane vvhyle dissembled ( besides the deposīge , of the present possessor ) is to supplant , dispossesse , & disherit the true heire & lavvfull successor of the english Crovvn , vvith all the ofsprīge , to translate and alter the ancient lavves and customes of that Realme , and cōsequently to trāsforme 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 braunche 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 record 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 suppresseit , & to beare the garland an other vvay , & that not longe a goe , as heare after shal be declared . And for the vvayes & meanes to dravv this on , they are many , but all rovvghe , vneauen , tedious , indirect , out of the highe vvaye that may be lead to any good end , all things vvell vveighed , yet agreable to suche an attempt : as in like trouble some interprises it falleth out , that odd shifts must be made for tooles to remoue blockes , to skovver strets , & make vvays clearer , for crafty surmises , & vvily insinuations to vvalke more smoothely & currātly to the marKe . Touchig the scope&butte of the booke , I vvill speake hearafter generally , for the particular mischiefes therof euery true english mā dooth throvvghlye see at the first sight , In the meane tyme , let vs serche the vvayes to see vvhat monsters lye hydden therin ; And soe vve shall find theffects like to folovv the practizes of theis conferrers , vvhat gloriouse pretense so euer they geue . Thersore , first to begine vvithall , 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 guidinge the course of that Crovvne , Although the same deuice be opposit to that aunciēt ordonaunce , vvhich for abolishinge the force of Cesars Civil lavves our of that Realme , & for establishinge a municipial lavv there vvas ordained by authoritye of that famous holy father Pope Eleutherius euen in the begininge , vvhen Christian Religion vvas first vniuersally plāted 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 temporal 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 ( 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 trauailers against the municipial lavves , yea cōtrarye to the purpose vvhy bothe those lavves vver made , vvhiche is to make peace : and against the profession of all good lavvyers , vvhiche is to resolue doubts and quarels spetially vvhē dyets are appointed for consultation , as the finall cause of this assemblye touchinge suche an affayre , vvolde haue bene , if it had bene called in gods name , and collected 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 vsed against truthe & Iustice , for novv , by their agremēt , vve must haue not only a trāsfiguration of the shape & forme of that common 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 thattonement of this tvvo lavvyers , by a more spedy intrusion of Cesars Ciuil Roman lavves thovvgh they are by authentique authoritye 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 conclusions agreed vpon betvvene these tvvo , one must be , that vvhat soeuer the Ciuilien sayeth , our tēporall lavvyer must svvere & subscribe 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 municipiall lavves of englande vvith out respect to the vveightye reasons & sage considerations therof deriued from the lavves of God and nature , as most agreable to the cōditiōs and qualityes of that natiō . 2. An other conclusion is that theis tvvo lavvyers thus prepared for opinions & affectiōs must set forvvard , so as the Ciuiliā shall lead the vvaye , & the tēporal lavvyer must folovv , the Ciuilian shall goe before , not as the angel Raphael vvent before younge Tobye , to chase a vvaye murderinge diuels , but to call in mischieues vpō mischieues al maner of vvayes by contentiouse spirits : not to demande due dets vpō lavv fall spetialties , but to make vndue dets & bank roupte by playne rauin & robbery : not to procurre a mariage by order of lavve vvith due respect to proximitye of blood , but to breed a deuorse of frēdship in kinred by disturbinge the lavvfall liniall course of consanguinitye prouided by lavves , for passaige of th inheritance & successiō , & that in suche a sorte as hath not bene allovved by Iudgement of lavv to passe in englande though by violence some suche enormities haue bene intruded and bolstered for a vvhyle to the horrible ruyne of manye noble families not recouerable . The temporall lavvyer also for his part must folovv as an echo not betvven tvvo hills or like place vpon stoppage of breathe for modestye or feare : but in playne fields not subiect to rebovvnds boldly vvithout blushinge 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 labored could not attaineto his Inne , & hym selfe should leese his bayte , for it appereth demonstratiuely 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 reiected , the temporall lavvyer must seeke his meat in the myre : for he deserueth to be casten ouer the barre , as an ambidexter : Neuerthelesse 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 accord is that theis tvvo lavvyers must cōforme them selues somevvhat to the manners and conditions of those troublesome tribunes , the paires or couples of pensioners among the states of the lovve Countryes : so as by treadinge the steps of popularitie thei maye Imprint a fauorable opinion & liking of this purpose in the phāsies & conceits of people vvho euer delyghte in change , and loue muche 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 vpon must folovve a difinitiue sentence indifinitlye that th inheritāce & succession of the Soueraigne gouernement in that Realme doeth 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 pleasure must stand for a lavv in this case . And this multitude forsothe must beare the name of a commō vvelthe vvhen they comme to gither , though often tymes it falleth out to be a common mischiefe or vniuersall confusion : yea & assembled onely or principally by aCanuasse & practize ofsome one or other popular personne , malcontent , & seditiouse or ambitious : vvhich by a gracious opinion among the people is hable to bringe the may game home to his ovvne or frynds houze ; for hovv , and by vvhat authoritye , that multitude is to be assembled , & other circumstances most expedient and necessarye , thies lavvyers neyther define , nor regarde , It is suficient at this tyme in their bookes and for theyr purpose , if theire assemblye beare a shevv of a common vvealth by somme presence of the nobilitye & commons , any thinge or matter that by thes tvvo lavvyers is expressed to the contrarye notvvithstandinge . And this sentence thus generally set dovvne , is to be made good allovved and ratiffied by pretēce of sōme principals , 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 necessarye occasions ( to speake onlye touchinge designements , & ordinances of a true vnfeigned cōmon vveth and not other vvyse ) 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 multitude , they must be made generall vvith out exception , to ouerrule the municipial lavves of englande , 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 materiall points for temporall affayres agreable to that of Holande and Zelande at this daye : Soe as those most seditiouse rebels shal be hable to auouche this popular doctrin by authoritye of thies tvvo lavvyers to vvarrāt their rebelliōs against their most lavvfull Soueraigne . Therfore ( by the vvaye ) a man may note vvhat good feruice thies conferers haue done by this popularitye to that most renoumed kinge Catholique , in geuinge to his Ma. a colourable pretence of title to an other kinges Crovvne , to minister matter of vvarrant for a rebellious rout to thrust him selfe fourth of his ovvne Crovvne . 4. Besydes this popular Doctrine , 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 Ciuilian as principels and maximes deriued from his lavv , vvhiche in deede are no other thē fansies or opiniōs of theone side of a controuersie , vvherunto it liketh novv this Ciuiliā to subicribe , neuer set dovvne in the corpsof that lavv , but fovvnd in comments & gloses of lavvyers as notes or memorials of exercises , or of allegations vpon sutes passed on the behalfe of some cliēt , neuer defined authentiquelie by comon cōsent , but remaine as letigious , apliable ( like the rules of lesbos ) to the diuersities of mēs opiniōs grovvinge vpon affections , or other irresolute concepts . Neuerthelesse they must no vv be all defined as true & certein on that syde vvherunto it liketh thies lavvyers to leane . And if they happē to stumble vpon a certayn rule either in the bodye of the Ciuil lavv , or in 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 preferred 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 gouernement . And a accordinge to this Ciuiliās rules must the inheritāce & succession of the english Crovvne be squared for the covvrse therof to runne as pleaseth this Ciuilian to vphold the same vvith the bolster of a frē ticke multitude seduced by a conterfaited temporal lavvyer : for euerye factious assemblie ( if it once take place , and cary all vvay cleane ) must be accompted for a common vvealth in thies mēs books , be they neuere so often assembled in one yeare , euerye one opposite to the other in all extremities . And by the practizes , gests & procedings of suche common vvealths must thies axiomes & principles be cōfirmed as by imitable & exemplare patterns 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 lavve sayth for her selfe against this or that act : Thus are vve novv come by help of thies mens Doctrin to reuiue & allovv for lavvfull the sayenges and doings of olde tyrātes ( vvho to iustifie their vvikednesse 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 bene done , espetially of a multitude , that may seeme to beare the colour of a common vvealth . As if a Tyrant defacto & malefacto , vpon possession , & vniust possession too , shall therfore be a true kinge de Iure right fully by order of lavv : As if right ought to follovv 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 dishable 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 odd shiefts , or els all vvill not goe streight , for by the meanes of their raunginge throvvgh by countries , 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 consequently a cōmon fame of three horrible blasts must course both ayre & earth to possesse the mindes & mouthes of the ydle vvorlde 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 disposed , or maliciously incited to desyre a chaunge ; The first blast is an vntrue surmise of a doubt fulnesse to be in the municipial lavves of englande touchinge the inheritāce & succession of the Crovvne of englande , vvho ovvght to haue it albeit in truthe the matter is verye cleare in the Iugement of the same lavve & of all the vvisemen , lavvyers , & others vvhiche haue interest to Iudge therof , as vvhose states doe depend ther vpon : Neuerthelesse 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 Realme 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 people ; all competitours and preten vvil take occasion of chalengde , euerye one for him selfe , and the most mightie by force or frendship 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 home if it can be founde , or to intrude one or other into the place , & affervvarde for a colour of in diferencie to call for an election of a kinge or Queene by the deuice of thies traualers , vvho mynde to sovvnde 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 onelye , theone of tvvo , they care not vvhether and those must bee the late Catholique kinge him selfe , or els his daughter . 6. And ( to speake some vvhat in particular touchinge the absurditie of the sayd surmise ) it greueth my very hart to consider vvhat paynes thies men do take to consume 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 oflesbos , for thies deuises can not be so closely rolled vp but that simulation must vvalke smothely , either vvith tergiuersation to please & displease , or vvith yea & nay to contredict them selues , & in fine , to couer all vvith doublinge & redoubling betvvene playne vvordes & crooked meaninges , from one sensse to ane other , as far as any equiuocation , pregnancye or other elenche of Sophistree , legier 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 doutfulnes in lavve doe faile , they vvil in the ende depende vpon tymes , speciallye as they may be made to stande , more then vpon doutfullnes of lavve , So as to them maye vvell be applyed , that odle prouerb , Omnia pro tempore , nihil proveritate , they measure all according to the tyme , & nothinge to the truth , like men geuen ouer , to vayn talke , desirous to be accompted Doctors in lavv , and ether vnderstande litle , or regarde lesse , vvhat thei affirme or denie , if their ovvne turne may be serued vvithall , no not thoughe the vvorlde do eth see hovv miserabli theire ovvne 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 Impudent as openly to deny that as all men vniuersally and in particular are bovvnd by the lavve of God & nature to vvish & desire the cōfinuance & happie preseruatiō of common quyet vvelth & felicitie of their natiue Countrye : so are they also by the same lavves bovvnd euery one for their degree of qualitye , condition and possibilitie , to employ all their bodilye trauails , all their externall povvers vvith discourse of reason , pregnācye of vvit , cares , industries , and al their internal forces to prouide best means for furtherance & aduancement of the same common quiet , vvealth & felicitie , yea and to preuent , cast of and eschevv all Impediments thereof , & all occations 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 obedience of subiects to God & to their Soueraigne for the tyme beīg the greatest preseruatiue of quyet among people , by confession of vvisest men , is to fore knovve an 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 discēt 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 custume None is more vvicked , in it selfe , more pernitiouse to the state more vntunable in the earses of al godlye vvise men , nor more scādalouse 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 therof , vvhere ther is a setled opinion of all vvise men to the cōtrarye . Aud though it be so euident & demonstrable as nedeth no exemplification 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 , suspicion , scruple , or doute neuer the lesse before their death , haue by spetiall othes , & cerimonious submissions of their ovvn principall subiects , established the state expectant 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 all euents , for preuenting of ambicious & seditious purposes of popular persones , vvho at chaunge of Princes vse to put out their hornes more boldly then before , vpon confidence of aduātage by oportunitie of tyme , to dravveuents 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 common vvealths notvvithstandinge , our tvvo lavvyers vvith their trauailers haue taken courses quyte contrarye , In so much as by neglecting , yea vvilfull reiecting the foresayd prouisions & good policies for preseruation of common quyet by mature cautions & remedies of lavves against mischieues & inconueniences that may grovve by vvant of due foresight to knovve & acknovvledge a lavvfull heyre and succession to the Crovvn , Thies men doe practize by all meanes to haile men headlonge in to vvilfull doutfulnesse and ignorance thereof : And to furthcr their purpose vvith a glosse of flatery , to please this tyme , the Queene must be iustifyed , & her doeinge cōmended for prohibiting the declaratiō of an heyr apparent , so as it must be vvell allovved 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 ashamed to conclude in expresse vvordes ; A most monstrouse excesse 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 absurde surmisse of doubtefulnesse ( cōtrarye to the good counseill & foresight before mencioned , must be bolstred by vayne blasts of cōmō brutes , vvhilst vvith varieties of opinions and vpon incertaintie 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 garboyles amonge multitudes ) that the matter in question vvilbe founde more dout full vvho shall preuaile by force and violence , thē vvho ought to preuail by lavve & iustice And so perhaps suche as think them selues surest , may be accōpted amōg those that make theire ovvn reckening vvith out ther host . But to encrease the sayd surmises of dovvbts vve must haue many other speciall deuices by pleasinge the tyme vpon a purpose 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 common 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 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 felovvs vvold make her tyme , if they could get a tyme to serue their ovvn turne , as may be seene by the practises and deuices vvihich haue 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 cometh to hearinge in court of record before an indifferent Iudge , but vvilbe disliked & denied mightiely : A subtil shipft of deskant 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 regarded othervvise thē suche as from time to time shall please a multitude 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 allovved as authentique , vvith out distinction so fare forth as they may make a shevv of doubtfulnesse in respect of varietie , though 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 these 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 , shal be allovved and encoraged to pretēd & clayme a title , both men & vvomen , to make the matter much more dovvtfull , as the nomber of pretēdors encreaseth more & more ; though in verye deed thies lavvyers intend that none of them shal be hable to preuail , except one 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 indifferencie to all , though they shevv them selues fryndes to none but to one alone , vvhich in their cōceits vvilbe hable to rule the tyme ; And some persones & their cause must be couertly abased , vvhose renovvne other vvhils these men haue magnisied , as so me others must be extolled aboue the skyes vvhome in other tymes they vvolde haue blotted fourth of their bookes : As also the late Queene of Scotts Mary of famous memorye , and consequentli her heires must be reiectedvvith in dignities , and impudently spotted vvith infamy of treason & other 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 cōferrers . The state of a Monarchy must seeme to content thies lavvyers a vvhile in some place abroode 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 sainge to the sences of all true englishe men , & meriteth smal thankes at the Kinges hādes I spare to speake of many other particular shifts for breuities sake , & because the vvise reader easelye find thē . But by thies a man maye vvell cōceiue 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 obseruation to mark hovv curiouse & hovv full of vvordes thies lavvyers shevv them selfes in prouinge some 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 depending vpon the practizes and shifts , or concurringe vvith them vvho seethe not those horrible scandals , & steepe dovvne falls , threatninge present ruyne to all obedience , humilitie & Ciuil order , vvhen it shal be knovvē to be allovved for an vndoubted maxime and published vvith the trōpet of commō fame , as a prescript lavv , that a multitude hauinge once got by any indirect practize a conterfeited name of a comon vvealth ( for suche are the commō vvealthes vvhom thies lavvyers haue produced for they re profes ) may lavvfully place & displace kinges and Soueragns , accordinge 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 preposterously against all good fashion & order , accordinge to a lesbian rule reason shal be addressed to mens doeing , & not their doeinge directed to reason : lavves shal be construed according to the sensuall vvils & appetits of a multitude & not the multitude reformed acding to Gods lavves : And cōsequētly the Soueraign shal be forced to accōmodate him selfe agreable to the māners & cōditions of his subiects , & 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 onely de facto , in respect of a bare possession durante bene placito populi : at the vvill of the people onely : and not de iure in his ovvne right to cōtinevv by order of lavv , othervvise 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 Soueraign haue or expecte for safetye of his state or persone , vvhen the people shall haue suche a directorie as vvil make theire actiōs good & allovvable to displace him at their pleasure , because some 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 infinit nomber of particular enormities , absurdities , mischiefs & incōueniences concurringe vvith this popular Doctrin , A vvyse man may easely conceyue vvhat commendatiō thies tvvo lavvyers deserue for their conference : & they them selues vvolde easelye be enduced to confesse , if either theyr ovvne consciences vvere discouered , or the state of tyme vvere suche as vvolde alter the cafe & inuite thē to tourne ouer the leafte to thoetherside : But touchīg theffect 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 personnes by vvaye of preocupation & forstalling of mens conceits at first sighte to auoyde all farther examination of their straunge proceadings , for they haue proctors & brokors in all places to extoll them and all theyr attempts aboue the skyes vvith generall speaches ; And by the industrie of thies trauailers a common fame is blovven a broade , that al vvhich thies men doe is done in ordine ad Deum , in a course to God vvard : & therfore are not reprehensible nor to be called in question by any : As if there vvere no other vvaye allovvable to lead vs tovvard God then by that most inconuenient passage vvhich they vvill iustly cōdemne in others : to vvit , by innouatinge most iniustly settled lavves , to supplant right & establishe lavves : to disseize trevve heires of their lavvfull inheritances , 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 vvicked conspiracye against the vvhole 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 vniuste pretenses of vvrested titles ther practises for doubts doe tēd to no other end then to procure a conquest vuith a common hauoke & confusion of home bred citizens & of a vvhole nation for aduauncinge of foreigners , like men that care not , for a most vncerteyne gayne to throvv them selfes & others into a moste certeyne mischiefe , & a labirinthe of all kinde of miseries , vnder a vayne hope of an vnsteadfast tyme , vvith a pretense notvvith standinge to loue all , though vpon the matter , it is like to fallout that thei loue none but them selues & theire correspondants : nor them neither , if the euent be not ansvverable to their desires . Therfore vvhat course so euer thieslavvyers vvith their aduocats , proctours atturneys , solicitours , porsuyuants & apparetors vvolde seeme to take tovvardes God , or the vvorld in vvords , and vvhat faulte so euer they vvold impute to others touchinge the sayd kinges priuat designes , or a common cause , It is in very deed more then probable , that they them selfes by there busy heades vvith their brablinge discources in suche an impertinent conference haue doen ill offices to bothe , and are not like to gaine so great thankes as thei looke for at eythers handes , but muche blame & reproof , vvhen all reckeninges are made , and all accompts casten by iust & skillfull auditors . Novv then for so muche as cōcerneth the king , many vvise men of diuers natiōs hearinge the māner of proceeding in this conference are persuaded that thies lavvyers and their trauailinge companions by their rashe attempts so impertinētly in suche a vveightye cause haue preiudiced his Ma-many vvayes : As amonge the rest , none is greater , nor more contagiouse , daungerouse , & domageable 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 Arragon , and ready to be raysed , rooffed & 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 perceaue that they seeke their ovvne priuat ; hough very vnprouidētly more thē the Kinges aduan̄cemēt in honor , Ma. orother vvays : for if their principall intention touchinge their ovvne priuat , had relyed vpon suche substanciall meanes in praynge the Kings ayd as vvere expedient , & most agreable to his Ma. dispositiō . touchinge the comō cause , they vvoulde neuer haue sovvght to set vvyde open so large gappes , doores , and vvindovves for rebellious multitudes to enter and clayme authoritie 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 commonvvealth thereof , by seducinge the nobles & commōs of that Realm , yet not all , neither , nor the most part to be accompted in vveight & measure , though enough & 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 finally to practize her death in a foreing Countrie : a most barbarouse fact , & suche , as against it , thies lavvyers haue in tymes past exclamed mightilie vvith mouth & penn . Neuerthelesse if the Doctrine vvhich thies men allovve be true , ( as it pleaseth them to deliuer 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 shal be sent after his mother ; if he vvill not mainteine the Covvrse that they had begon , meaninge their hereticall practizes against his mother & his mothers friēdes , and allovv their fantasticall and irreligious covvrses , as if he vvere but a Kinge 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 endure . Euen so did not that vnnatural vvicked traiter , Antonio peres , by help of the sayd Doctrin procure 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 stratageme of a common vvelth , if God vvolde haue permitted suche malice to raigne in that coaste ? I could exemplify vvhat mischiefe the same doctrine hath vvrought in Englande , but I passe it ouer to an other place ; in meā tyme I praye yovv vvhat shal vve say of that prodigiouse republicke 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 vvarrant by our lavvyers Doctrine to auoūche & mainteine : for la vvful all theyr ovvtragious & malipert rebellions and enormities more then hethenish against their Soueraign , & against the sovvndest part of the nobilities & commons vnder a cloak of a commō vvealthes authoritie ? yes vvithout dovvbt ; And vvhat so euer glosse or comment our sayd lavvyers vvill make for excuse , certein it is that their ovvn text ( as they haue delinered it to he vvorld in vvord and exēplified it by deeds forth of this late cōferēces ) vvil serue those vnstatlye states to make a commoditie for seruice against their Soueraign vvhē our tvvo lavvyers haue 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 aduaunceth 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 cōmandeth , and vvith his Ma. priuitie & 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 vvill beleaue it to be true that his Ma. is priuie as hereafter shal be declared . Neuerthelesse ( to returne vvhere Ileft ) the disseruices of thies tvvo lavvyers come novve to be more agruated by presuming to publish or to offer suche a scandalovvse Doctrin to be published or printed vvithin his Ma. dominions , vvere it set foth vvith his licence or no ( As I verilye thīk it vvas not ; or ifitvvere , at the least , vvith out his Ma. priuitie . For though sins the publishing of it , the auctor by him selue or frīds haue geuē out by bare vvordes that it vvas prīted & put forth vvith the late kinges , or this liuīg , theire priuities , licence , & cōmandement authētiklye yet no suche thing is auouched expresselye in the front of that booke , but generally it is sayd to be printed vvith 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 common 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 appeareth 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 prohibited to shevv his reasonnable conceit touching the contēts thereof vnder peine to incurre the displeasure of his Ma. Therfore to think that thies mē haue entred in to this matter , for publishing thereof in manner & forme , vvith his Ma. licence , or at the least vvith out his priuitie cōsent & commādement vpon speciall respect to their ovvn priuat more thē vpon due regard directly to his Ma. stat honor & aduancement , 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 familie novv or in tyme to come , but also touchinge the principall scope & 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 tymes as novv vvhen myndes of people in all nations are easelye to be exulcerated & corrupted vvith sores & maladies of contention , throughe superfluous humors of nevv fangleness , ambitiō , disdaingne , gredinesse of vengeance and other troublesome passions ) so vvise & good a kinge vvould be induced or allured to allovv and mainteine by his Royall authoritie the publicatiō of the sayd Doctrine so contagious & preiudiciall to him selfe , & so scandalous to the rest of the Christian vvorld as therbi ( if their exemples produced for confirmation ther of be allovved ) 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 maKe a partie strong inovvghe to beare the style & tytle of a publike state or colourable comō vvealth for the tyme ; So as if his Ma. vvere in possession of the englishe 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 Soueraigne shall serue them like a lackye or page in a frenche ioupe to runne or ryde after theire master , rather then sit in his chayre of estate , vvith scepter & Royal Roabe 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 made for a common vvealth , & not a comon vvealth for a king ; As if it vvere good reason , that childrē shoulde rule their parents , because parentsvvere or dained for children , & not they for parents , people must rule preachers , scolars must guide scholl maisters the cart must lead carte horses & carters too because preachers scholmasters , cart horses , & carters vvere ordeyned for people , Scolers & carts , & not thies for the other : Neuerthelesse that assumptiō serueth not their turne : for they vvere ordeyned in a subalternel covvrse & degree on for an other , as the head for the bodye & the body 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 concurringe vvith suche enormiouse succession of gouernement by a monarche , as dependeth vpon the phantasticall toys of a colourable 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 probable , that if his Ma. had seene and looked deeply in to this conferēce , or had bene trulye informed touching all the contents thereof , & the deuises for bevvirchīg the phansies of men vvith plausible matter , for more cleanly conueyhance of a cōsent to their purpose , 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 practizes , vvhere they hold titles of prīces once setled & admitted are not to be examined by priuat mē , but to be obeied : Neuerthelesse thies companions novv ( as at other tymes ( haue not onely allovved suche examinations , but haue also presumed vpon their ovvue heades , to examine titles of kinges & Queens , and to determine them also by circumstaunce , yea by vvay of consultation in a publicke conference , as if they vvere caled by authoritye , not as priuat mē , but as publique persones . Besydes this his vvisdome vvolde haue noted an od shifte of deskant by flatterye & dissimulation to gleane sōme credit of the present 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 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 Crovvne & 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 extraordinarie : here his Ma. vvisedome & zeal to regall dignitie generally , besyde his ovvne ptiuat , may discouer diuers fallacies , errors , contradictions , yea & mōstruous absurdities , accompting their common vvelth to be suche as are cōformable to their ovvne exāples , or other vvise as good as they vvolde make it . For by this Doctrine it must folovv necessarilye as most consonant 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 special maxime must be lay de for heretiques & rebels to buyld vpon it vvhat they list , to vvit R●●●bliea non potest errare , a comō vvealth can not erre vvhich is more then somme comon vvealths vvil allovv to the churche of God. Again it must folovv that no mēber 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 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 trauailinge conferers in this supposed assembly at Amsterdame are by this rules condemned beinge all priuat persones for entermedlige thē selfes vvith this matter of successiō touchinge the title of a kinge . Fourthly the state of monarchie vvhiehe thies tvvo lavvyers do confesse & acknovvledge to be of al other formes of gouernement most excelēt & perfect in it selfe , must needs be most contemptible , vnperfect , & infamous of all other because the Ciuilian so esteemeth the tenure of a Crovvne to be most irreguler , & most extraordinarie , for the Ciuilians opinion is the sentence of all thies conferrers , & to be irreagler and extraordinarye is to be vnder no rule nor order , vvher vpon consequētly the kinge holdeth his Crovvne by no rule nor order , & is of hiselse irregular not subiect to rule or order ; And if the comō vvealth be theonely Iudge ouer the kinge to cōptrol him as thies men teache vs , & none is by theire Doctrine 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 order , & 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 multitude must gouerne the most irregular & exrraordinarie Crovvne as theis men terme it : Nay by this doctrine , an vsurper , disseizer intruder , impious tyrant , or infidel once admitted by the cōmon vvealth must not be deposed : Again a possession onely must guide the right as the most materiall point to lead thin heritance & succession of a Crovvne ; tvvo assertiōsneuer allovved for good plees in any lavv spiritual or temporal , Diuin or humain , & most vvorthie 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 & admitted by a multitude dravven to gether any vvaye to represēt & beare the name of a republick or comon stat , vvhiche for cleanelye conueyhance of a fovvl thinge in a fayre hand kerchife , thies men doe call a common vvealth : a speciall fallacie to abuse the simple ; besides euerie lavvfull king is deposible for or vvithout cause , if the common vvealth dislike him : & euery quarel is a sufficiēt cause to depose a kinge if the cōmon wealth so esteme it , & euery kinge shal be accompted a tyrant , an hereticque , an infidel , or incapable othervvays & vnfit , & consequētly deposible , because the publick state here called a cōmon vvealth holdeth him so to be & is theonlye 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 contradiction to their ovvn Doctrin , & an error that thies lavvers vvill not stand to if they be pressed to ansvvere by authoritie authentique . More ouer it must folovv , vpon thies mens Doctrin that euerye multitude so incorporated , as they got the style & tytle of a publick state in their ovvn consceit by pretence , may rightly be called 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 suche common vvealth as they haue 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 same state , nor subiect ther vnto by nature , submissiō , or other lavvful 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 euer 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 difference 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 onely 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 , neuer auuoched for any plea , neuer 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 trauailinge opinions must be allvvayes allovved . Thus vve see that by the Ciuiliās lavve his Ma. tenur vvherby he boldeth his Crovvne must be irregular & extraordinarie , & though he be admitted by his comon vvealthe once setled in his state & therfore not remouable , yet that vvill not serue , if he holdeth his Crovvne as tenant at vvil of the cōmon vvealth vvho may reuoke their admissions vvhē thei vst to finde suche cause as they 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 holande and zelande vvil presume , here on to thīke & say for hardeninge theire harts , & mainteyninge 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 blinde presūptiō of thies statists vvho dare thus confront his Ma. in the chiefest point of his Maiestical state , vvith such indignities , by abusinge all regall dignitie so lovv as to make it the vassal of eueri arrogant rovvt , of any vnlavvfull assembled multitude that can by hook or crroke , vvile or guyle , flaterye or violence catche & snatche the visard of a common vvealth & for more credit to their excessiue 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 ruleth and comaundeth . Yea these bold aduenturers do raūge so farre farther as by colour of his Ma. authoritie they dare attempt to stoppe the mouths and pennes of all those that haue vvriten against popularity & vvith infamie of absurd flatterye to blot the names & estimations of those men vvhich haue vvritten in the defēce of the sacred state of a kinge against all popularitye It is not to be doubted that either his late Ma. vvisedome vvould be so vnmindefull as to vvink at suche popular presōption . or that his most gracious nature vvould permitt the paynes & good vvilles of such vvritters to be requited for any scorne full libell put forth vnder the protectiō of his late Ma. ( specially times standinge as they did then . ) Neuertheles though some haue vvritten in defence of Kinges & kingly state & geuen them more immunityes priuileges or prerogatiues then good kinges vvil claime , or good common vvealths are bovvnde to yelde , yet that excuseth not these commen vvealth mē to straye so far forth out of the right vvaye , as to engrosse their bad vvays by priuat monopoles & franchesies in preiudice of Royall fredome and common good of all for I am sure that many haue vvrittē apologies touchinge that subiect very laudable vpon good assertions and propositions vvith limitations , exceptions & allovvāces , al allovvable by lavv of reason & conscience yea most beneficiall to vvhole & sovvnd common vvealths , but quite opposite to the general pro positions & assertions of these lavvyers layd dovvne for the surmised 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 dislīke the late kīge or this liuing , for albeit this author that carieth vpō his shoulders all the parties named in the sayd libel vvoulde make the late kinge beleeue that all tytles being doutfull his force & might should beare avvaye the Crovvne of Englāde for him selfe or theinfante his daughter , and to facilitat this course made diuerse seminaryes priestes in spayne that vvēt into englāde by threats or fayre meanes to subscribe that in theire conferences there by all possible meanes , they should aduaunce the pretence of the sayd infante : yet since that tyme some of his dependents vvith his priuitie practized the aduaūcement of the late earle of Darby an hereticke 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 vvoulde vvishe & aduise them vvhen the commoditie serued that they should make an election of some principall noble Englishe Catholicke to be their Kinge , so that the late King , might haue seene if he hade liued , vvhat affection & respect this author caried either to him or his daunghters tytle or ther persons , for that as nevve inuentiōs & cōceipts came in to his head , he vvould frame suche nevv 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 vvarnīge to him for euer beinge abused 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 kinge of spayne & all monarches in generall are to finde them selues greeued vvith these lavvyers for the litle respect they haue to Regall & kingly authoritye vvhich kinges are for their saftie to prouide for , soe is there none more toched to the quicke by thies lavvyers & aucthor then the kings Ma. of Scotland , nor vvhome they desire 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 empeschement . 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 daunger of their liues , he hazarded him selse for the same , as the partyes them selues can not denye if they be asked , besides the fauour that he hath shevved to some Catholickes , & hath neuer vsed persecution against anye vnelest it be against somme verye fevve that 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 , & vvoulde haue euery one to folovv the same , vvhen they dare not auouche their names , being ashamed to iustifie their ignoraunce in the common lavves of the realme & Crovvne of Englande & Genealogies 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 disanulle & 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 possesiō his Ancesters for diuerse hūdrethe 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 libeller setteth dovvne , vvoulde aduaunce 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 thexchequer in Englande Sr. Antonye Brovvne that vvas lorde Cheefe Iustice of the commen pleas . Mr. Carell called the father of the Iavve attorney for the Queens Ma. of the Duchye , & Mr. Edmonde Ployden , vvhich vvere very vertuous vvise & most famous mē for their knovveledge in the lavves of the realme & Crovvne of Englāde as the like hath not bene for manie yeares , did vvith out doubt & difficultie sincerely & playnely 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 succeede , vvho debated this point vvith the aduise of the best Heraults 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 vnderstanding the lavves of England nor skilfull in genealogies , vvoulde haue their friuoulous and rediculous reasons to be of more ualour and credit then theis a fore rehersed . Lastly thies lavvyers & other are to be noted of great presumption & disobedience that vvith out the authoritie or vvarrant of their superiou's , & specially of his holinesse & others his predecessors vpon vvhō they ought chefly to relye dare ouerthrovve and make kinges forme & frame comon 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 vvhome al persons are to receaue & take 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 , & pride so much to blinde their Iudgement , as that they see not hovv their deuises & drifts vvilbe vvhoped & hallovved out of all mens conceipts that be indifferent and that vvould haue their Countrye kept from tyrāny & spoile of ancient nobilitie , lavves costumes & priuiledges , vvhich is that it semeth these masqued author and lavvyers most desiere . And it semeth straūge to vvise & vertuous people that this author & disguised lavvyers makinge shevv to be Catholickes , & to aduaunce gods cause folovv not the patterne & example of his holiness & predecessors vvho haue euer helde milde & modest courses tovvardes the kinge of Scotlāde , moste aggreable to the Apostolicke , Romaine Catholicke church , vvhich is a svvete Mother esteeminge it the best and rediest vvaye to dravve & gaine suche princes to the right & true religiō as be out of the sayd Churche specially not of malice but by Education , And yet these phantasticall Aucthor & lavvyers vvould haue all violente & furious courses exercised against the sayd Kinge , As depriuation of his ovvne realme and right to the Crovvne of Englāde , yfit laye in their povver Thoughe they see by dayly experience that both princes & other particular persons of great qualitye that falle from theCatholicke Churche beinge once in it , & vvere accompted as desperat persones for euer returninge , yet since haue reconsiled them selues vvith great repentance and haue done notable seruices by theire examples , in procuring & hasteninge others of principall ranck to be reconsiled , as namely the most Christian kinge of fraunce hath 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 strayed forth of the same , as also hath called and doth call dayly infinit nombers that haue bene borne & bred vp in heresie , in many places & 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 gteatlie & miraculouslie to be noted , the chefe occasion & instruments hereof to be by thre persons conuerted to the Catholicke faithe , that vuere in theyr kinde & qualitie 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 Eureux a very learned Prelate , and Monsieur sainct Marye a gentilman of great respect vvherfore should these vncharitable 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 vvisedome , 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 vpon his Ma vvill not refuse him the grace that maye make him knovve God & be best for his soules health demandinge the same as he ought to do , & as vpon good consideration & conference if he vvill accept the same he may do & hereunto no doubt vvill he be the better incited vvhen he shall thinke that it is he onely of his race that svvarueth frō the Catholicke Religiō in vvhich all his noble & Princely progenitors haue liued & died , And specially his most sacred mother 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 dignitye of a kinge or any other vvorldly tytle , And lastly vvhen his Ma. shall here , hovv disceatfully & falslye Plessey Morney did alledge so many hundred places & passages of the doctors & others to maintaine his vvicked doctrine , vvhich being manifestly discouered in his ovvne presence a fore indifferent Iudges of Catholickes , & of his ovvnne Religion , & novv knovven to all the vvorlde , haue procured hi perpetual shame , & haue made many since that tymevvhich accōpted 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 kinges 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 tuine of his honor and tytle to the Crovvne 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 predecessors 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 associats haue caused to be geuen to his Holines 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 discretion 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 shovvinge fantasticall humors passion and partiallitye 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 suche sorte that no man shoulde marke & finde their subtiltyes and craste , but that they be espied and clearely seen , And that vvhen opportunitye serueth ( vvhich perhaps vvill not be longe therunto ) they vvilbe mette vvith all by those that are most interessed , and that the name of the aucthor of the booke of tytles , vvith his odious practises shal be presented to his Holines , and secunded vvith suche manifest profes as neyther his accustomed cauillations , equiuocations , 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 others haue iuste cause to be greeued and offended or no , and vvhether this author meriteth not to be chastised and commaunded to retyre him selfe from meddlinge farther in matters of state , vviche shal be best for the publicke good and his soulthes healthe . Notes, typically marginal, from the original text Notes for div A19224-e100 The book of succesfiō is put fourth as a babling libel . The booke vvas preiudicial to the late kinge of spay ne and to this present . The argument of the treatise . The conference to be disliked for three reasons . Tbe scope of the conference . Tbe vvayes to the marke . A general compact of the conserrers so bring englande to the Ciuil lavves Roman . Aspecial compact that tvvo lavvyers , and not lavvmust be vmpiers of this matter . Six Articles of the la - vvyers agreement . The Ciuilian must lead the temporal lavvyer . Popularitye . Popular Doctrin . Feigned mnximes of foreing lavves to direct the Crovvne . Practise for acōmon fame . A furmised dovvtfullnesse . A dangerous insinuation . A sediciouse cballenge . Shyfts to further surmise by complyinge vvith the tyme. Dissimulatitn & duplicitie in speache must be vsed . No heyr apparent must he knovvē . To vvyne tyme by false bruts . The Qvvene must seeme to be put in securitie for her tyme. Things must hes affirmed byvvaye of protestation onely . The late earle of Darbye . The circumstances of effect like co folovv this matter of con ference A vayne euasiō . General mischiefs innouasion Theltbeller nayther pro fiteth the kinge nor the comon cause . Of Disser uice done to the kiuge by this conference . The popular Doctrin , is ill grovvnded . Mischieses in scotlande by this popular Doctrin . Mischiefes in Arragō by the same Doctrin . Mischieues of this Doctrine in the lovve Countrie This book of conferēces vvas not published vvith the late kinges priuitye nor this lininig . No vvise man vvill cōsent to his ovvn The kinge preiudicied in stat by the booke manye vvayes in this dayes specially No kinge sure of his state , but remouable by lavve at vvill of people . A fond assumption of the lavvyers . A cra sty shyft to blere the late kinge & this liuin ge heeyes vvith a contradiction . Flatterye & dissimulation disgraceth any attempt . Blasphemis against the Sac●●●d state of Regall dignitye . Absurdities against bothe king & subiect . A kinge is but tenant at vvil of the people . VVhat vashe boldenesse these difguysed lavvyers shevve . This author and lavvyer mock & abuse the kinge of spayne . The authors extreame malyce against the kinge of scotlande . This author preoccupi ethe the office of a Pope . This author refusethe to take his holinesse for an example . No cause to esteme the kinge of scotlande desperate to be reconcyled to the true Caetholicke churche as theis lavvyers vvolde haue the vvorld to thincke .