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though the time and state of things hath not suffered that your desires might at this time be brought unto effect, yet the King's Grace well knoweth, perceiveth, and taketh, that more could not have been done, excogitated, or devised, than ye have largely endeavoured your self unto for conducing the King's purpose, which his Grace accepteth, as touching your merits and acquittal in no less good and thankful part, than if ye finding the disposition of things in more direct state, had consecute all your pursuits and desires: Nor ye shall doubt or think, that either the King's Highness or I have conceived, or thought any manner negligence in you for such things as were mentioned, in the last Letters sent unto you by Alexander, Messenger, but that albeit his Highness had cause, as the same wrote, to marvel of your long demor, and lack of expedition of one or other of the things committed to your charge; yet did his Highness right well persuade unto himself the default not to be in you, but in some other cause, whereof his Ġrace not knowing the same, might justly and meritoriously be brought unto admiration, and marvel: And therefore be ye all of good comfort, and think your perfect endeavours used, and services done, to be employed there, as it can right well, in every part regarded and considered.

In effect coming to the Specialities of the things now to be answered, the King's Highness having groundly noted and considered the whole continue and circumstances of all your said Letters and Advertisements, findeth and perceiveth evidently, that whatsoever Pursuits, and Instances, and Requests have been, or shall be for this present time, made there by you on his Grace's behalf to the Pope's Holiness, for the furtherance of the said great and weighty Cause; and how much soever the necessity of Christendom for the good of Peace, the importance of the Matter, the justness of the thing itself, reason, duty, respect to good Merits, detecting of Falsities used, evident Arguments and Presumptions to the same, or other thing whatsoever it be, making for the King's purpuse, do weigh; the Times be now such, as all that shall be done in any of the Premisses there. is apparent by such privy Intelligence and promise as is between the Pope and the Emperor, to hang and depend upon the Emperor's Will, Pleasure, and Arbitre, as whom the Pope's Holiness neither dare nor will in any part displease. offend, or miscontent, nor do by himself any thing notable therein, which he shall think or suppose to be of moment, the said Emperor first inconsulted, or not consenting there

unto.

And for that cause, since the Emperor not only is the Adversary of Universal Peace, Letter, and Impeacher thereof, but also, as hath appeared by sundry Letters heretofore, and now of new sent out of Spain, doth shew himself adverse, and enterponing himself as a Party against the

King's said great Matter ; It were in man. ner all one to prosecute the same at the Emperor's hands, as at the Pope's, which so totally dependeth upon the Emperor; and as much Fruit might be hoped of the one as of the other, so as far discrepant it were from any wisdom in a thing so necessary, and which as ye know must needs be brought unto an end without any further delay, to consume and spend the time, where such express contrariety and in manner dispair appeareth to do good therein, and where should be none other but continual craft, colour, abuses, refuses and delays, but rather to proceed unto the same in place, and after such form as may be appearance of some good and brief effect to ensue. Wherefore to shew you in Counsel, and to be reserved unto your selves, The King's Highness finding this ingratitude in the Pope's Holiness, is minded for the time to dissemble the Matter, and taking as much as may be had and attained there to the benefit of his Cause, to proceed in the decision of the same here, by virtue of the Commission already granted unto me and my Lord Legate Campepius.

And for because that ye Mr. Stevins be largely ripened and acquainted in this Matter, and that both the King's Highness and I have right large experience of your entire zeal and mind to the studying and setting forth of such things concerning the Law, as may be to the furtherance hereof; considering also that for any great thing like to be done there herein, such Personages as be of good Authority, Wisdom and Experience, tho they be not learned in the Law, may with such Counsel as ye have retained there, right well serve to the accomplishment of such other things as shall occur, or be committed unto them on the King's behalf, tho so many Ambassadors do not there remain and continue: His Grace therefore willing and minding to revoke you all by little and little, except you Sir Gregory being his Ambassador there continually residing, willeth, That after such things perfected and done, as hereafter shall be mentioned, ye Mr. Stevins and you Sir Francis Brian, shall take your leave of the Pope's Holiness, and with diligence return home. For if ne had been the absence of you Mr. Stevins, seeing that there is small appearance of any Fruit to be obtained there, the King's Highness would have entered into Process, here before this Whitsuntide: But because his Grace would have you here present, as well for the forming of the said Process, and for such things as be trusted that ye shall obtain and bring with you, as also for the better knowledge to be had in sundry Matters, wherein you may be the better ripened and informed by means of your being in that Court: And otherwise his Highness will somewhat the longer defer the commencement of the said Process, and respite the same, only for your coming; which his Grace

therefore desireth you so much the more to accelerate, as ye know how necessary it is, that all diligence and expedition be used in that Matter. And so ye all to handle and endeavour your selves there, for the time of your demor, as ye may do the most benefit and advantage that may be to the speedy furtherance of the said Cause.

And forasmuch as at the dispatch of your said last Letters, ye had not opened unto the Pope's Holiness, the last and uppermost Device here conceived, and to you written in my Letters sent by the said Alexander, but that ye intended, as soon as ye might have time and access, to set forth the same, wherein it is to be trusted, since that thing could by no colour or respect to the Emperor be reasonably denied, ye have before this time done some good, and brought unto perfection; I therefore remitting you to such Instructions as ye received at that time, advertise you that the King's mind and pleasure is, ve do your best to attain the Ampliation of the said Commission, after such form as is to you, in the said last Letters and Instructions, prescribed; which if ye cannot in every thing bring to pass, at the least to obtain as much to the King's purpose, and the benefit of the Cause as ye can; wherein all good policy and dexterity is to be used, and the Pope's Holiness by all perswasions to be induced thereunto; shewing unto the same how ye have received Letters from the King's Highness and me, responsives to such as ye wrote of the dates before rehearsed; whereby ye be advertised that the King's Highness, perceiving the Pope's strange demeanour in this his great and weighty Cause, with the little respect that his Holiness hath, either to the importance thereof, or to do unto his Highness at this his great necessity, gratuity and pleasure, not only cannot be a little sorry and heavy to see himself frustrate of the future hope and expectation that his Grace had, to have found the Pope's Holiness a most loving, fast, near and kind Father, and assured Friend, ready and glad to have done for his Grace, that which of his Power Or dinary or Absolute, he might have done in this thing, which so near toucheth the King's Conscience, Health, Succession, Realm, and Subjects; But also marvelleth highly, That his Holiness, both in Matters of Peace, Truce, in this the King's Cause, and in all other, hath more respect to please and content him of whom he hath received most displeasures, and who studieth nothing more than the detriment of the See, than his Holiness hath either to do that which a good common Father, for the well of the Church, Himself, and all Christendom, is bounden, and oweth to do, or also that which every thing well pondered, it were both of Congruence, Right, Truth, Equity, Wisdom, and conveniency for to do. Thinking verily that his Highness deserved to be far otherwise entreated, and that not at his most need in things nearest

touching his Grace, and where the same had his chief and principal confidence, thus to have his just and reasonable Petitions rejected and totally to be converted, to the arbitre of his Enemy, which is not the way to win, acquire and conserve Friends to the Pope's Holiness and See Apostolick, nor that which a good and indifferent Vicar of Jesus Christ, and common Father unto all Princes, oweth and is bound to observe. Nevertheless ye shall say the King's Highness, who always hath shewed, and largely comprobate himself a most devout Son unto the See Apostolick, must and will take patience; and shall pray to God to put in the Pope's mind, a more direct and vertuous intent, so to proceed in his acts and doings, as he may be found a very Father, upright, indifferent, loving and kind; and not thus for partial respect, fear, or other inordinate Affection, or cause, to degenerate from his best Chil dren, shewing himself unto them, as a StepFather, nor the King's Highness ye shall say can persuade unto himself, that the Pope's Holiness is of that nature and disposition, that he will so totally fail his Grace in this Matter of so high importance, but that by one good mean or other, his Holiness will perfectly comprobate the entire love that always the same hath shewed to bear towards his Highness, wherein ye shall desire bim now to declare by his Acts the uttermost of his intent and disposition; so as ye Mr. Stevins and Mr. Brian, who be revoked home, do not return with void hands, or bring with you things of such meagerness, or little substance, as shall be to no purpose: And thus by these, or like words, seconding to the same effect, which as the time shall require, and as he shall have cause, ye by your Wisdoms can qualifie and devise, it is not to be doubted, but that the Pope's Holiness perceiving how the King's Highness taketh this Matter, and that two of you shall now return, will in expedition of the said Ampliation of the Commission, and other things requisite, strain himself to do unto the King's Highness as much gratuity and pleasure as may be; for the better attaining whereof, ye shall also shew, how heavy and sorry I with my Lord Legate Campegius be, to see this manner of proceeding, and the large promises which he and I so often have made unto the King's Highness, of the Pope's fast and assured mind, to do all that his Holiness, etiam ex plenitudine potestatis, might do, thus to be disappointed; most humbly beseeching his Holiness on my behalf, by his high Wisdom to consider, what a Prince this is; the infinite and excellent gratitudes which the same hath exhibited to the Pope's Person in particular, and to the See Apostolick in the general; the magnitude and importance of this Cause, with the Consequences that may follow, by the good or ill entreating of the King's Highness in the same; wherein ye shall say, I have so largely written, so plainly for my

discharge declared the truth unto his Holiness, and so humbly, reverently, and devoutly, made intercession, that more can I not add or accumulate thereunto, but only pray unto God that the same may be perceived, understood, and taken, as the exigence of the Case, and the merits of this Noble Prince doth require; trusting always, and with fervent desire, from day to day, abiding to hear from his said Holiness some such thing as I shall now be able constantly to justify and defend, the great things which I and my said Lord Legate have said and attested on his Holiness behalf.

This, with all other such matter as may serve to the purpose, ye shall extend as well as ye can, and by that means get and attain as much to your purpose for the corroboration and surety of all things to be done here as is possible, leaving to speak any more, or also to take or admit any rescripts for exhibition of the Brief, advocation of the Cause, or other of the former degrees, seeing that all which shall or can be done or attained there, shall hang meerly upon the Emperor's Will, Consent, and Arbitre: and therefore nothing is now or hereafter to be procured, that may tend to any act to be done, in decision of the Cause or otherwise there, or which may bring the adverse Party to any advantage to be taken by the favour or partiality, that the same may have in that Court; but to convert and employ all your suit, to that thing which may be to the most convalidation and surety of the Process, and things to be done here, as well by attaining, as ample, large and sufficient words, clauses and sentences as ye can get, for ampliation of the new Commission. As for the defeating of any thing that may be procured to the impeachment of the Process thereof, and the corroboration of the things to be passed, and done, by virtue of the same.

And amongst other things, whereas ye with these last Letters, sent the Pope's Pollicitation, for the non-inhibition or avoking of the Cause, the ratifying and confirming of the Sentence by us his Legates herein to be given, and other things mentioned in the same, ye shall understand, that the said Pollicitation is so couched and qualified, as the Pope's Holiness whensoever he will may resile; like-as by certain Lines and Annotations, which in the Margin of a Copy of the said Pollicitation I send you herewith, ye shall perceive more at large: And therefore after your other suits, for the ampliation of the new Commission, if any such may be at tained, brought unto as good a purpose as ye can, ye shall by some good way find the mean to attain a new Pollicitation, with such, or as many of the words and additions newly devised as ye can get; which ye may do under this form and colour, that is to say, to shew unto the Pope's Holiness, by way of sorrow and doleance, how your Courier, to whom ye committed the convey.

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ance of the said Pollicitation, so chanced, in wet and water in the carriage thereof, as the Pacquet wherein it was, with such Letters as were with the same, and amongst other the Rescripts of Pollicitation, were totally wet, defaced, and not legible; so as the Pacquet and Rescript was and is detained by him to whom ye direct your Letters, and not delivered amongst the other unto the King's hands; and unless his Holiness, of his goodness unto you, will grant you a double of the said Pollicitation, ye see not but there shall be some notable blame thereof, to the conservation of it from such imputed unto you for not better ordering chance. And thus coming to a new Pollicitation, and saying, ye will devise it as near as ye can remember, according to the former, ye by your Wisdoms, and namely ye Mr. Stevins, may find the means to get as many of the new and other pregnant, fat, and available words as is possible, the same signed and sealed as the other is, to be written in Parchment; the politick handling whereof, the King's Highness and I commit unto your good discretions; for therein, as ye Mr. Stevins know, resteth a great strength and corroboration of all that shall be done there, in decision of the King's said Cause · and as ye write, may be in manner as beneficial to the King's purpose, as the Commission Decretal.

how to proceed in this Business, I advertise And to the intent ye may the better know you that the King's Highness hath now received fresh letters out of Spain, answering to those sent by Curson jointly with a Servant of the Queens, for exhibition of the Original Brief here, of whose expedition you Mr. Stevins were privy before your departure. dates, the last whereof is the 21 of April, at The Letters were of sundry gusta, upon his departure towards Barcewhich time the Emperor was at Cæsar Aulona. In effect, the Emperor minding by his departure thither, and other his Acts, to make a great demonstration of his coming into Italy, who is to nothing, as the King's Ambassadours write, more unmeet and unfurnished than to that voyage, not having any Gallies there but three, which lay on dry Land unrigged, as they have done a long time passed, none Assembly of the States of that Land, none order, provision of Victual, towardness in conscription of Men of war, or appearance of such thing, but that his going to Bareclona, is chiefly under pretext to attain certain old Treasure there remaining, and to give the better reputation to his Affairs in Italy. As to the matter of Peace and Truce, he seemeth not so alien from it, but that he would, under colour thereof, be glad to separate and disjoin other from the sincerity of confidence that is between them, working somewhat with the French King, which he himself confesseth to be but abuses. On the other side, he maketh overture of

Peace or Truce to be had with the King's Highness apart; and in the mean time entertaineth the Pope's Holiness, as one whom won from the residue of the Confederates, he thinketh himself most assured of: How beit in all this his Business, ye may constantly affirm, that his Compasses cannot prevail in any thing that may be excogitate to the separation of the King's Highness and the French King, who so entirely proceed together, that the Emperor coming or not coming into Italy, the said French King intendeth to prosecute him in the place where his Person shall be. To whom the King's Highness now sendeth the Duke of Suffolk, with the Treasurer of his honourable Houshold; who if the Pope will not really and actually intend to the maintaining of the Peace, coming to the convention of his Holiness, moved as the case shall require, shall be furnished of a substantial number of men of War out of his Realm to the assistance of the said French King, if the Emperor happen to descend in Italy. So as his things there, be not like to be in such surety as might bring the Pope's Holiness to this extremity of fear and respect. And all the Premisses touching this knowledg had out of Spain, and the French King's Interest with the King's Concurrence, as afore; It shall be well done ye declare to the Pope's Holiness, whereby peradventure the same shall be removed from some part of his said overmuch respect to that part.

As to the sending of the Brief, the Emperor refusing to send it into England, sheweth some towardness of sending it to Rome, minding and intending to have the King's Matter decided there and not here; howbeit all be but vain Collusions: For as ye shall perceive by such things as be extracted out of the Letters of the King's Orators Resident in Spain, a Copy whereof I send you herewith, the more the said Breve cometh into light and knowledge, the more falsities be deprehended therein; and amongst other, one there is specially to be noted, making, if it be true, a clearer and manifest proof of the same Falsity; which because if it were perceived by the adverse Party, or any of their Friends, Counsellors, or Adherents, it might soon by a semblable falsity be reformed, is above all other things to be kept secret, both from the Pope, and all other there, except to your selves for in computation of the Year of our Lord is a diverse order observed in the Court of Rome in Bulls and Breves; That is to say, in the Bull beginning at the Incarnation of our Lord, in the Brief at the Nativity; So as the thing well searched, it is thought it shall be found, that the date presupposed to be of the Breve,which is 26 Decemb. Anno Dom.1503. Pontificatus Julii anno primo, well conferred with the manner and usages of that Court: He that counterfeited the Brieve, not knowing such diversity between the date of the Bull and Breves, and thinking to make both

Dates of one day, dated the Breve at a day before Pope Julii was Pope; which ye shall more plainly perceive by the said Copy, and specially if under some good colour ye ripen your selves there, whether the year in the date of Breves change upon Christmass day, or upon New years day, wherein the King's pleasure is, that ye ensearch and certifie here what ye shall know and perceive. And if ye shall by such inquiry find matter making to the purpose, as it is not doubted but ye shall do, then for the more sure justification and proof thereof before the Judges; It shall be expedient ye in writing make mention of such a doubt, finding the means that it may be answered and declared in the same Writing, by certain expert Persons of the Secretaries, and other Officers of that Court, with subscription of their Answer and Names; whereby it may appear here before us as Judges, as a thing true and approved; Howbeit, great dexterity is to be used for the secrecy thereof; for if such Exceptions might come to the knowledg of the Adverse Party, they might, as the said Orators write, soon reform that default by detrahing one Letter, or Title, or forging a new Brief, alledging error in the Transumpts, which might be the total disappointment of deprehension of the falsity in that chief and principal point. I pray you therefore to regard that Matter substantially, and to order it by your good Wisdoms accordingly.

XXIV.-The two Legates Letter to the Pope, advising a Decretal Bull. A Duplicate.

[Cotton Libr. Vitell. B. 11.] PRIORIBUS nostris ad Sanctitatem Vestram literis quid hic ageremus, quove in statu causa hæc esset exposuimus; postea quum, et res ipsa, et desiderium Regis admodum urgeret, ut ad Causæ ipsius merita agnoscenda accingeremur, quando in suspenso, non modo horum Regum vota, sed nec hujus Regni firmandi ratio, diutius haberi potest, omni suasionis genere horum animis prius adhibito, ut alterius voluntati alter cederet, eique morem gererent, cum nihil profecerimus, ad Judicii institutionem accedentes, de modo causam ipsam pertractandi, multa longioribus colloquiis inter nos commentati sumus; qua in re, dum quæ necessaria sunt adornantur, exhibitum est per Reginam exemplum Brevis Julii 2. eodem tempore quo et Bulla super hac materia, dati et scripti, sed attentiore cura et longe consideratiore mente confecti, quod, quia in substantialibus etiam ab ipsa Bulla diversum est, non modo Regium, sed nostrum quoq; animum, mire suspensum habuit, usq; adeo ut de ejus veritate plurimum suspicari libeat; nam præter insperatam in tanta opportunitate ejus apparitionem, incredibile videtur, ut eodem tempore idem author, eisdem partibus, in eadem Causa, diversa admodum ratione caverit, et permansuro Diplomati ejusq; Decreto, ad

perpetuam rei memoriam, proferendo, et semper cupimus et debemus. Propterea, plumbeo caractere excudendo dormitaverit, Beatissime Pater, non solum pro Regis et brevioribus vero literis, molli cera communi- Causæ hujus commodo, sed pro dignitate endis exactissimi studii et sobriæ cogitationis quoq; Ecclesiastica et Sanctitatis Vestræ speciem impresserit: ne tamen Majestas hæc Autoritate hic tuenda et conservanda, nullo rem hanc damnatam priusquam exploratam pacto committendum ducimus, ut nobis spechabeat, quippe quæ magis in veritate quam tantibus et audientibus, de Potestate Roin voto suo, Causæ hujus eventum susceptura mani Pontificis, de literarum Apostolicarum videtur, ad ipsius Brevis exhibitionem instat, sub plumbo et sub annulo scriptarum fide, et quod, quia honestum et rationi consonum repugnantia, deque juris divini abrogatione videtur, a nobis etiam probatur, propterea disceptetur, maxime in Regum causa oppug omni studio curamus, ut Breve ipsum, quod nanda et defendenda, qui, ut sublimiore sunt in Hispaniis esse dicitur, et a quo exemplum fastigio collocati, ita iniquiori animo patiunhoc effigiatum aiunt proferatur; atque ut hoc tur Causæ suæ casum, cum qua et dignitatem expeditiore cura, et majore compendio asse- et existimationem suam diminutam iri intelquamur, præter primam et summam illam de ligunt, quæ si ignobilium etiam animos quosq; Causa cognoscendi potestatem, quam a Sanc- exulcerare, ipsa rerum experientia docti certitate Vestra habemus, aliam quoque ad hunc nimus, qualiter quæso putamus Regios et gespecialiter articulum habendam putamus, per nerosos affectura. Itaq; quoniam hanc caquam possimus etiam per censuras, omnes rybdim et hos scopulos evitasse semper tutum etiam Regia et Imperiali Authoritate fulgen- erit, propterea hujusmodi incommoda quodtes, monere et adigere ut dictum Breve nobis ammodo prætervecti, ubi ad litis molestias exhibeant, sine quo causa hæc nedum absolvi, et incertas fori fluctuationes causam deducensed nec commode tractari queat. Atque hoc dam perspicimus, suadere, rogare et summis primum est, quod Majestas hæc, in tanta precibus pariq; reverentia contendere non animi fluctuatione qua nunc æstuat, a nobis desinemus, ut si exhibito Brevi pura veritas curandum putat, quo impetrato, Judicii via ita latitaverit, quod rectumne an falsum, vitiinsistentes ad Causæ cognitionem procede- atum ceu adulterinum fuerit judicare ac demus; quod si non proferatur, vel inutile et cernere minime valeamus, Sanctitas Vestra vitiatuin, et fide sua facile rejiciendum, pro- Causam hanc ad se avocet, non solum ut tanto latum fuerit, nihil prohibebit, hoc sublato discrimine, et perplexitate nos eximat, sed obice, quin ex officio nostro relinqua prose- ut paterno affectu Causæ et Regi huic optimo quamur: sin vero exhibeatur, et veritate sua, subveniat et opem ferat, atque ex Potestatis vel adeo scite conficta fallacia, ita se tueatur suæ plenitudine et summa prudentia finem ut acriori examine id inquiri debeat, patefacto huic rei optatum imponat, quæ non sine magjam patronorum cavillis et calumniis foro, no hujus Regni et Ecclesiasticæ dignitatis quibus undis et judicii fluctibus non solum periculo diutius trahi potest; Speramus auarticulum hunc Brevis, sed universam Causam tem Serenissimum hunc Regem in hujusimplicaturi simus, nullus non viderit; neque modi avocandæ Causæ consilio facile quietuenim deerunt quæ suspectam ipsius Brevis rum, salebrosa hæc litium itinera et labirinfidem faciant, vel ex hoc maxime, quod cum thos evitaturum, modo in fide Sanctitatis maxime Regis et Regni hujus intersit, nihil Vestræ chyrographo manus suæ testata, cogprorsus de eo antehac auditum fuerit, nec noverit, se diutius suspenso in hac re animo ejus memoria aut ratio ulla extet in Scriniis detinendum non fore, atq; ab hujusmodi MaRegiis, in quibus etiam minima quæque ad trimonio se tandem liberandum, in quo nec Regnum spectantia asservari solent; nam humano nec divino jure permanere se posse verisimile non est in Hispaniis majorem An- putat, ex causis Sanctitati Vestre forsan noglicæ rei curam fuisse quam in ipsa Anglia, tis, et per hos suos nuntios longioribus verbis neq; quempiam solerti et acri adeo ingenio explicandis. Quod si Sanctitas Vestra comfuisse, qui hujuscemodi dissidium vigesimo modius existimaverit, Avocatione hujusmodi quinto ab hinc anno suboriturum, et hac sola posthabita, per Decretalis unius concessionem ratione sublatum iri posse divinaverit, nulla huic causæ occurri et succurri posse, in hanc ut diximus apud hunc Regem, et in hoc Regno quoque rationem Regis animum paratum datalis rei memoria extante. Porro si ex Brevi bimus; et propterea concepto quodam Dead Bullam, et ex Bulla ad Breve transitus cretalis modulo, eum per hos ipsos Majestatis fiat, atque illius jejunitatem et ariditatem in- suæ nuntios mittimus, ex quibus abunde insectemur, hujus prægnantia verba, et ad om- telliget, quodque non absque exemplo istiusnes fere exceptiones tollendas, superstitiosam modi auxilia proponantur, et quam non tequodammodo vigilantiam conferamus, et quæ mere nec absque ratione Majestas hac desiutrinq; deduci poterunt in Rescriptis Apos- derio huic suo inhæreat: interea vero, dum tolicis æquo animo audiamus, periclitaturi hac vel illa ratione huic rei occurritur et Breve certe sumus, ne, quod minime cupimus, Sedis ipsum perquiretur, posset utiq; Sanctitas Apostolicæ Authoritatem patientia nostra in Vestra iterum Regina animum tentare, et ad discrimen rapiamus, atque dum Regno, et Religionem emollire, curando (ut quod maxRegni hinc suppetias ferre volumus, rem dig- ime apud eam gratia et Autoritate esse denitatemq; nostram multo minorem faciamus, beant) et literis, et precibus, et nuntiis, omcui tum posita etiam anima, favere et adesse niq; alia ratione, hac ipsa via, sibi, suisq;

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