Exparte Def

London
The Queen agt. Hilkiah
Bedford< no role > Clerke }

Upon an Informacon Exhibited in the Court of Queens bench by her majesties Attorney Generall against
the said Deft.

The Informacon Sets forth that the Deft being a seditious man & disaffected to the Governmt. & intending the
Establishmt. of his Crowne of this Kingdome Constituted by Act of Parliamt. to weaken & totally to subvert &
cause to be beleived the limitacon of the succession of the Crowne after her Maties decrease & in Default of Issue of
her Matie to the Dutchesse Dowag or of Hanover & the heires of her boddy being protestants by the Statutes in such
Case made to be in effectuall & of no force And that Kings or Queens of this Kingdom with & by Authority of
Parliamt. cannot make Laws & statutes of sufficient force & validity to limit & buid the Crowne & the descent
limitacon & Governmt. thereof The 20th. day of October in the 12th. yeare of her Matie apnd paroch to Marie de Armby in
the Ward of Cheape a false & scandalous Libell Intituled

The Hereditary right of the Crowne of England asserted the History of the succession since the Conquest clear'd & the true English
Constitucon unidicated from the misrepresentacons of Dr. Higdons view & desire wherein some mistakes also of our Comon Historians
are certifyed & sevll. particulars relating to the succession & to the little of the House of suffolk are now first published from antient
Recordr. & Originall M:SS. together with an authentick Copy of King Henry 8s. Wills

Writt printed & published & caused to be writt printed & published In wch Libell of & concerning the Establishmt. of the succession of ye Crown of
England by Act of Parliamt. & of & concerning the power & authority of parliamt. to limit the succession of the Crown & of
& concerning one Dr. Higden in the title of the sd. Booke menconed are contained (int as) divers false Standalous
& seditious matters to wit in one part thereof to the effort following

This true the Docter (meaning Docter Higden ) acknowledges in plain words that the Crown (meaning the Crown of England )
is hereditary & he denys it to be elective but wt kind of Inheritance can be mean consistently with him self first he Asserts that the
Inheritance may be limited by parliamt. this I will not dispute but it follows that it is as Inheritance which may be taken
from one given to another as often as the Parliamt. pleases which seems to be an Inheritance very different from what is
usually understood by hereditary Monarchy for it is truly elective since the parliamt. chooses or may choose the succesion
a lively & it is more elective here than in other elective Kingdomes for in all others the elected have a right for life in
this a new one may be elected every Session

And in another part thereof to the effect following

The Docter (meaning Dr. Higden) in his crews could not avoid seeing evident proofes that the Crown of England was
hereditary therefore he acknowledged it versally & denyed it really as utterly destructive to his System of possion
he may understand words as he pleases but all other writers of all nations & the Generallity of all men understand by an
hereditary Crowne a Monarchy entaild on one family & descending successively to the Line all heirs of it such are the
Monarchies of France Spaine portugall Sweeden Denmark Hungary & all other hereditary Dominious the world
such is the English Monarchy governed successively above Nine hundred year's by the same royall family which
(saith a great Author) I beleive hath the advantage in point of Antiquity above any other in Europe & as farr
as we know in the world but if the most antient hereditary family in the world hath a not true right of Inheritance if prssripcon
of Nine hundred yeares is nothing against new possessers there is surely no right to Governmt. at all nor any time right
of Inheritance publick or private but every thing is every mans & right prescription property are sounds without significacon

And in an other part thereof to the effect following

In this undertaking I shall confine myself wholly to matters of fact & therefore I shall not dispute the Authority of 13 Eliz. Capt no which
makes it high Treaser during the Queens life & forfeiture of Goods & Chattles after her death to say that an Act of Parliamt. wch
not of sufficient force to Limit & bind the Descent of the Crowne neither shall I in the least question the power of parliamt.
to entail the succession These matters are as much out of my way as they are above my reach & therefore I am very well
contented the Doctor (meaning Docter Higden) should abound in his owne sence upon them I shall [..]
[..] here observe is that what ever power kings with their Parliamt.
may have do Jure upon such occasions it is howover true in fact that no Act of Limitacon [..] [..] ever yet effectually exclude
the next Heire by proxnnity of blood but sooner or later providence how hitherto so Ordered it that these who were first in the
Line of Descent have at length gain'd the Crowne notwithstanding all parliamentary provisions to the contrary

To the great disturbance of the peace & tranguillity of this Kingdome In Contempt of the Queen & her Law's
To the Evill Example of all others in the like Case Offending and against the peace of the Queen her
Crowne & dignity

To this the Deft has ptended not Guilty

The Case

As to the writeing printing & publishing this prtended Libell

The only Evidence for the Queen are Smith the Bookseller James the Printer of the books & a Servant Boy
of his about 14 yeaks of age:

sd