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A19224 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 (1600) STC 5638.5; ESTC S111899 27,719 97

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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
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
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 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