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A50030 Leicester's common-wealth conceived, spoken and published with most earnest protestation of dutifull goodwill and affection towards this realme / by Robert Parsons Jesuite ; whereunto is added Leicesters-ghost.; Leycesters commonwealth. Parsons, Robert, 1546-1610.; Rogers, Thomas, 1573 or 4-1609 or 10. Leicester's ghost. 1641 (1641) Wing L969; Wing L970_VARIANT; ESTC R12740 146,895 230

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through maintenance and broken titles or by consenage of simple Gentlemen to make him their heire or by what h●rd title or unhonest meanes so ever for hee practizeth store of such and thinketh little of the reckoning after he had tried them likew●se to the uttermost touch and letten them out to such as shall gaine but little ●y the bargaine then goeth he and changeth the same with her M●jesty for the best lands he can pick out of the Crowne to the end that hereby he may both e●force her M●jesty to the defence of his b●d titles and himselfe fill his coff●rs with the fines and utt●rmost commodity of both the lands His licences do stand thus first he got licence for certaine great numbers of cloaths to be transported out of this land which might have beene an undoing to the Marchant ●ubject if they had not redeemed the same with great summes of mony so that it redounded to great da●mage of all occupied about that kind of commodity After that he had the grant for carrying over of barrell staves and of some other such like wares Then procured hee a Monopolie for bringi●g in of sweet wines oyles curran●s and the like the gaine wherof is inestimable He h●d also the forfeit of all wine that was to be drawn above the old ordinary price with licence to give authority to sell above that price wherin C●ptaine Horsey was his instrument by which meanes it is incredible what treasure and yearely rent was gathered of the Vintners throughout th● land To this adde now his licence of silkes and velvets which only were enough to enrich the M●jor and Aldermen of London if they were all dec●●ed as often I have heard divers Marchants affirme And his licence of alienation of lands which as in part I have opened before serveth h●m not onely to excessive gaine but also for an extreame scourge wherewith to plague wh●m he pleaseth in the R●ealm For seeing that w●thout this licenc● no m●n can b●y sell passe or alienate a●y land th●t any ●ai●s may b● drawn● to that tenure as holden in ●hiefe of the Prince as commonly now most lan● m●y he calleth into qu●stion whatsoever lik●th him best be it never so cleare and under this colour not only enricheth himselfe without all m●●sure bu● r●vengeth himselfe also wher● he w●ll without all order Here th● L●wyer stood still a p●etty while biting his lip a●●e wer●●ston●shed and th●n sai● Ve●ily I have not he●●● so ma●y and so app●rant things or so odious of any m●n th●t ●ver lived in our Common wealth And I marva●le much of my Lord of Leycester ●hat h●● Grand●●thers fortune doth not move him much who lost his head in the beginning of K●ng Henry●he ●he eigh●s dayes for much lesse and f●wer offences i● the same kind committed in the time of K●●g Henry the seventh for he was thought to be the inventour of these pooli●gs and molestations wherewith the people were burthened in the latter days of ●he said King And yet had he great pretence of reason to alledged for himselfe in that these exactions were made to the Kings use and not to his albeit no doubt but his own gaine was also there M●ster Stow writeth in his Cronicle that in the time of h●s imprisonment in the Tower he wrot a not●ble book intituled The tree of Common wealth which book the said Stow saith that hee hath delivered to my Lord of Leycester many years agone And if the said book be so notable as Master Stow affirmeth I marvile that his Lord in so many yeares doth not publish the sam● for the glory of his ancestors It may be said the Gentleman that the secrets there in contained be such as it seemeth good to my Lord to use them onely himselfe and to gather the fruit of the tree into his owne house alone For if the tree of the Common-wealth in Edmund Dudlis book be the Prince and his race and the fruits to be gathered from that tree bee riches honours dignities and preferments then no doubt but as the writer Edmund was cunning therein so have his two followers Iohn and Robert well studied and practized the same or rather have exceeded and farre p●ssed the authour himselfe The one of them gathering so eagerly and with such vehemency as he was like to have broken down the maine bough●s for greedinesse the other yet plucking and heaping so fast to hims●lfe and his friends as it is and may be most jus●ly doubted that when they have cropped all they can from the tree left them by their father Edmund I meane the race of King Henry the seventh then will they pluck up the Stemme it self by the rootes as unprofitable and pitch in his p●ace another Tru●ke that is the line of Huntington that may b●gin to feed a new with fresh fruits againe and so for a time content their appetites untill of gatherers they may become trees which is their finall purpose to feed themselves at their own discretion And howsoever this be it cannot be denied but that Edm. Dudlis brood have learned by this book and by other meanes to be more c●nning gatherers then ever their first progenitor was that made the book First for th●t he made profession to gather to his Prince though wickedly and these men make demonstration that they have gathered for themselves and that with much more iniquity Secondly for that E●mund Dudley though hee got himselfe neare about the tree yet was he content to stand on the ground and to serv● himselfe from the tree as commodity was offered but his children not e●teeming that ●afe g●th●ring will needs mount aloft upon the tree to pull croppe and rifl● at their pleasure And as in the second poi●t the Sonne Iohn Dudley was more subt●le then Edmund the Father so in a third point the Nephey Robert Dudley is more crafty then ●hey both For that hee seeing the evill successe of those two that went before him hee hath provided together so much in convenient time and to make himselfe therewith so fat and strong wherein th● o●her two failed as he will never be in danger more to be call●d to any accompt for the same In good faith Sir quoth the Lawyer I thanke you heartily for this pleas●●t discourse upo● Edmund Dudleis tree of Common-wealth And by your opinion my Lord of Leycester is the most learned of all his kindred and a very cunning Logitio●er indeed t●at can draw for himselfe so commo●iou● conclusion out of the perillous prem●ss●s of his progenitors No marvail quoth the Gentleman for that his L. is Master of Art in Oxford and Chancelour besides of the same Vniversity where he h●th store as you kn●w of many fine wits and good Logitioners at his commandement and wh●re he learneth not only the rules and art of cunning gathering but for the very practize as I h●ve touched before seeing there
king and crowne have great priviledge and prerogative above the state and affaires of subjects and great differences allowed in points of law As for example it is a generall common rule of law that the wife after the decease of her husband shall enjoy the third of his lands but yet the Queene shall not enjoy the third part of the Crowne after the Kings death as well appeareth by experience and is to be seene by law Anno 5. and 21. of Edward the third and Anno 9. and 28. of Henry the sixt Also it is a common rule that the husband shall hold his wives lands after her death as tenant by courtesie during his life but yet it holdeth not in a Kingdome In like manner it is a generall and common rule that if a man dye feased of Land in Fee-simple having daughters and no sonne his lands shall be divided by equall portions among his daughters which holdeth not in the Crowne but rather the eldest Daughter inherite●h the whole as if she were the issue male So also it is a common rule of our law that the executor shall have all the goods and chattels of the Testator but not in the Crowne And so in many other cases which might bee recited it is evident that the Crowne hath priviledge above others and cannot be subject to rule be it never so generall except expresse mention be made thereof in the same law as it is in the former place and a statute alledged but rather to the contrary as after shall be shewed there is expresse exception for the prerogative of such as descend of Royall bloud Their second reason is for that the demand o● title of a Crowne cannot in true sense bee comprehended under the words of the former statute forbidding aliens to demand heritage within the allegiance of England and that for two respects The one for that the Crowne it selfe cannot be called an heritage of allegiance or within allegiance for that it is holden of no superiour upon earth but immediately from God himselfe the second for that this statute treateth onely and meaneth of inheritance by descent as heyre to the same for I have shewed before that Aliens may hold lands by purchase within our Dominion and then say they the Crowne is a thing incorporate and descendeth not according to the common course of other private inheritances but goeth by succession as other incorporations doe In signe whereof it is evident that albeit the King be more favoured in all his doings then any common person shall be yet cannot hee avoyd by law his grants and letters patents by reason of his nonage as other infants and common heires under age may doe but alwayes be said to be of full age in respect of his Crown even as a Prior Parson Vicar Deane or other person incorporate shall be which cannot by any meanes in law bee said to be within age in respect of their incorporations Whi●h thing maketh an evident difference in our case from the meaning of the former statute for that a Prior Deane or Parson being Aliens and no Denizens might alwayes in time of peace demand lands in England in respect of their corporations notwithstanding the said statute or common law against Aliens as appeareth by many booke cases yet extant as also by the statute made in the time of King Richard the second which was after the foresaid statute of King Edward the third The third reason is for that in the former statute it selfe of King E●ward there are excepted expresly from this generall rule Infantes du Roy that is the Kings off spring or issue as the word Infant doth signifie both in France Portugall Spaine and other Countries and as the Latine word Liberi which answereth the same is taken commonly in the civill 〈◊〉 Neither may we restraine the french words of that Satute Infant●s du Roy to the kings children onely of the first degree as some doe for that the barr●nnesse of our language doth yeeld us no other word for the same but rather that therby are understood as w●ll the nephewes and other discendants of the king or blood Royall as his immediate children For it were both unreasonable and ridiculous to imagin that king Edward by this statute would go about to disinherit his own n●phews if h● should have any borne out of his own allegiance as easily he might at that time his sons being m●ch abroad from England and the black Prince his eldest son having two children borne b●yond the seas and consequently it is apparent that this rule or maxime set down against Aliens is no way to be stretched against the descendants of the king or of the blood Royall Their fourth reason is that the meaning of king Edward and his children living at such time as this statute was made could not be that any of their linage or issue might be excluded in law from inheritance of their right to the Crowne by their foraine bir●h wheresoever For otherwise it is not credible ●hat they would so much have dispersed their own blood in other Countries as they did by giving their daughters to strangers other mean●s as Leone● the kings third son was married in Millan and Iohn of Gaunt the fourth son gave his two daughters Philip and Katherine to Portugall and C●st●le and his neece Joan to the king of Scots as Thomas of Woodstocke also the yongest brother married his two daughters the one to the king of Spaine and the other to D●ke of Britaine Which no doubt they being wise Princes and so neer of the blood Royal would never have done if they had imagined that hereby their issue should have lost all claime and title to the Crown of England and therefore it is most evident that no such bar was then extant or imagin'd The fift reason is that divers persons born out of all English dominion and allegiance both before the Conquest and since have bin admitted to the succession of our Crown as lawfull inheritours without any exception against them for their foraine birth As before the Conquest is evident in yong E●gar Etheling borne in Hungarie and thence called home to inherit the Crowne by his great unckle king Edward the Conf●ssor with full consent of the whole Realm the B. of Worcester being sent as Ambassador to fetch him home with his father named Edward the out-law And since the Conquest it appeareth plainly in king Stephen and king Henry the second both of them borne out of English dominions and of Parents that at their birth were not of the English allegiance and yet were they both admitted to the Crowne Yong Arthur also Duke of Britain by his mother Constance that matched with Geffray king Henry the seconds sonne was declared by king Richard his unckle at his departure towards Jerusalem and by the whole Realme for lawfull heire apparent to the Crowne of England though
the matter But of all other things this is most of importance that the King never set his owne hand to the foresaid Will but his stampe was put thereunto by others either after his death or when he was past remembrance as the late Lord Paget in the beginning of Queen Maries dayes being of the Privie Councell fi●st of all other discovered the same of his owne accord and upon meere motion of conscience confessing before the whole Councell and afterward also before the whole Parlament how that himselfe was privy thereunto and partly also culpable being drawn therunto by the instigation and forcible authority of others but yet afterward upon other more godly motions detested the device and so of his owne free-will very honourably went and offered the discoverie thereof to the Councell As also did Sir E●ward Montague Lord chiefe Iustice that had been p●ivy and present at the said doings and one William Clarke that was the man who put the stampe unto the paper and is ascribed among the ot●er preten●ed witnesses confessed the whole premisses to be true and purchased his pardon fo● his offence therein Whereupon Queen Marie and her Councell caused presently the said Inrolement lying in the Chancerie to be cancelled defaced and ●bolished And sithence that time in her Majesties dayes that now liveth about the 11. or 12. yeare of her reigne if I count not amiste by occasion of a c●rtaine little booke spread abroad at that time v●ry s●cretly for advancing of the house of Suffolke by pretence of this Testament I remember well the place where the late Duke of Norfolke the Marqu●sse of Winchester which then was Treasu●er the old Ea●les of Arundell and Penbroo●e that now are dead with my Lord of Penbrook that yet liveth as also my Lord of Leycester hims●lfe if I bee not deceived with divert others met together upon this matter and after long conference about the foresaid pretensed will and many proofes and reasons laid downe why it could not be t●ue or authenticall the old Earle of Penbrook protesting that he was with the King in his chamber from the first day of his sicknesse unto his last houre and thereby could well assure the falsification thereof at length it was moved that from that place they should goe with the rest of the Nobility and procl●ime the Queen of Scotland he●re apparent in Cheap-side Wherein my Lord of Leycester a● I take it was then as forward as any man else how bee it now for his profit he be turned aside and would turne back again to morrow next for a greater commodity And albeit for some causes to themselves best known they proceeded not in the open publishing of their determination at that time yet my Lord of Penbrook now living can beare witnesse that thus much is true and that his father the old Earle at that time told him openly before the other Noblemen that he had brought him to that assembly and place to instruct him in that truth ând to charge him to witnesse the same and to defend it also with his sword if need required after his death And I know that his Lordship is of that honour and Nobility as he cannot leave off easily the remembrance or due regard of so worthy an admonition And this shall suffice for t●e second ●mp●diment imagin●d to proceed of this supposed Testament of King Henrie the eighth As for the third impediment of religion it is not generall to all for that only one person if I be not deceived of all the Competitors in K. Henries Line can bee touched ●ith suspition of different Religion from the present state of England Which person notwithstanding as is well knowne while shee was in gove●nment in her owne Realme of Scotland permitted all l●berty of Conscience and free exercise of Religion to those of the contrary prof●ssion and opinion without restraint And if she had not yet doe I not see either by prescript of law or practice of these our times that diversity of Religion may stay just Inheritors from enjoying their due possessions in any state or degree of private men and much lesse in the claime of a Kingdome which alwayes in this behalfe as hath been said before is preferred in priviledge This we see by experience in divers Countries and parts of the world at this day as in Germany where among so many Princes and so divided in religion as they be yet every one succeedeth to the state whereto he hath right without resistance for his religion The ex●mples also of her Majesty that now is and of her sister before is evident who being known to be of two different inclinations in religion and the whole Realme divided in opinion for the same cause yet both of them at their severall times with generall consent of all were admitted to their lawfull inheritance excepting onely a fe● tr●i●ors against the f●rmer who withstood her right as also in her the right of her Maiestie that is present and that not for Religion as appe●red by their owne confession after but for ●mbition and desire of reigne Monsieur the Kings brother and heire of France as all the world knoweth is well accept●d favoured and admitted for successor of that Crowne by all the P●otestants at this d●y of that Coun●ry notwithstanding his opinion in religion knowne to be different And I doubt not but th● King of Navarre or Prince of Condy in the contrary part would thinke themselves gre●tly injured by the st●te of ●rance which is d●fferent from them in religion at this d●y if after the death of th● Ki●g that now is and his brother without issue if God so dispose they should be barred from inheriting the Crowne under pretence onely of thei● Religion My Lord of Huntington himselfe also is he not knowne to b●e of a different religion from th● present state of Engl●nd and rh●t if he we●e King to morrow n●xt he would alter the who●e government order condi●ion and state of r●ligion now used and established within the Realme But as I said in the beginning if one of a whole family or of divers families be culpable or to be touched herein what have the rest offended thereby will you exclude all for the mislike of one And to descend in order if the first in K. Henries line after her Majesty may be touched in this point yet why should the rest be damnified thereby The K of Scotland her son that next ensueth to speak in equity why should he bee shut out for his religion And are not all the other in like manner Protestants whose discent i● consequent by nature order and degree For the yong K. of Scotland quoth I the truth is that alwayes for mine own part I have had great hope and expectation of him not onely for the conceipt which commonly men have of such Orient youths borne to kingdomes but especially for that I understood