Creator in heaven in violating the latter they remember not their maker on earth for the people and Peers of the Realm are their makers next unto God Contracts ergo of subjects having their ground their foundation and their strength not from Princes Laws but from the Laws of Nature binde King and Emperour Prince and Prelate Lords Spiritual and Temporal be it that they are made between a Prince and a private man or the Prince and a City or the Prince and any other The reasons why they are of such force are these First It is not lawful to falsifie a mans faith Then The Laws of Nature binde men and perswade them to keep their contracts and to hold their promise even unto their enemies Next The Laws of honesty charge their Princes to perform their contracts there is nothing becometh them better nothing that commendeth them more nothing that men require so much at their hands Lastly Princes Contracts are as good as Laws and have the same force as Laws in the same strength and vertue against their Successors which they have against themselves nay they are of greater strength then Princes Laws for Laws may be repealed but contracts cannot be revoked The reason of the diversity Laws may alter according unto the times and the occasions unto which Laws must be accomodated by which Laws are occasioned from which Laws received their beginning but contracts are irrevocable they admit no change no alteration and if they be once perfected they can neither receive addition or substraction diminution nor enlargement they may not be wrested but taken according to the true and plain meaning of the contrahents But why they may they not be changed Why may not a Prince alter them The reasons are these Before they are made they are of Free will and when they are once perfected they are of necessity that the Emperour of the world cannot add or detract any thing from his contract without his consent to whom it is made although he were the meanest man in the world who may be benefited but not deceived by a contract that is not defrauded of that which is agreed upon in the contract although it be lawful in bargaining before the bargain be concluded to deceive one another Secondly If Princes might revoke their contracts at their pleasure there should be no good dealing with them which would be ridiculous no trust to their words which would be dishonest no benefit would be gotten by them which would be illiberal and unbeseeming the Majesty of a Prince Thirdly Princes actions must be free from scandal far from deceipt and not subject unto malice Fourthly Princes are reasonable creatures and must submit themselves unto reason lest they be reputed as B. Celestine was not a man but a beast because he revoked in the evening the grants which he made in the morning Lastly Other men may attend to profit but Princes must look to honour and have an especial regard thereof and what can be more dishonourable then to break their word to falsifie their faith to violate their contract especially if their word faith and contract be fortified and strengthned with a solemn oath with an oath that being added to a contract hath these vertues these qualities these operations It maketh their contracts lawful and of full strength and force which without an oath are not of weight before God and man For a young man under yeers who by reason of his minority cannot contract without authority consent and counsel of his Guardian shall be bound to stand to his contract if he hath sworn to observe and keep the same his oath strengthneth his contract and depriveth him of the benefit of restitution to his former and pristine estate it maketh the person infamous which breaketh such a contract it debarreth him of any action against the other contrahent it enforceth him to restore that he hath received it disableth him to take the forfeiture that is made unto him it freeth the observer of the Contract from any penalty whereinto he is fallen it benefiteth the absent as the present it forfeiteth the contract whether it be interposed either before or after the contract or at the instant of the making of her or at any other time it urgeth and bindeth the contrahents to a strict and due observance unless it may endanger their souls health and keep and observe their contracts Briefly it hath many other operations which shall be more fitly mentioned hereafter But what availeth it to have said all this if all may be refelled in a few words The King of Spain was not well informed when he made this contract when he took this oath he prejudiced himself greatly in yeilding thereunto and he weakned his authority too much in submitting himself to the observance of the Laws and all these being proved or any one of these three inconveniences falling out to be true he is not bound to the performance of this contract or of this oath But how are all or any of these three inconveniences proved How can it be that he should not be well informed when he yeilded to this contract Could he be ignorant of that which all the world knew which his Predecessors did before him which strangers unto his Laws and Country knew many years ago For Guicciardine who wrote his book before he was crowned writeth in the sixth book of his History That the Aragonian Kings have no absolute and Kingly authority in all things but are subject unto the subjects and constitutions of their Country which derogate much from the power and authority of a King And Bodin who wrote not many years being a Frenchman and having no other knowledge of the Laws of Aragon but such as he received from others used in his Book the same words of the Kings authority which are used by the King at his Coronation We that are able to do as much as you make you our Lord and King upon condition that you shall keep our Laws and Liberties and if you will not you shall not be our King Laws bind the present assoon as they are published in their presence and hearing and the absent shortly after that they come to their notice and knowledge those Laws therefore being as by all likelyhood it seemeth made and established at the Institution of the Aragonian King could not be hidden from his knowledge nor prejudicial to his Majesty and Authority Royal. For what blemish is it to a King to submit himself unto those Laws which his Predecessors were contented to acknowledge and observe The Emperour that made and authorized almost all the Civil Laws that are now extant could set it down as a Law that it should be well and worthily done of a Prince be he never so great and mighty to be pleased to subject himself to his own Laws it delighteth a good Prince it liketh his subjects it honoureth Kings and it greatly rejoyceth their Vassals The ancient Kings of
which they bear unto him might hinder his designs and purposes he sent an express Messenger unto the Pope to declare unto him the true sense and meaning of their Oath and to intreat his Holiness to make such an Interpretation thereof as might serve his turn the effect of which Interpretation was That since the promise which the French-men made unto their King was conditional and reciprocal and that their King was likewise sworn unto them they being his Subjects were not bound any longer to their Oath since he being their King had broken his because he was neither religious valiant just or in any respect answerable to those conditions which were inserted and included in his promise to them In hope of performance of which conditions they had sworn unto him all manner of duty service succour faith and obedience This was Pipin's policy to supplant Childerick and to set the Crown of France upon his own head Now let me compare the Duke of Guise his practices with these mens devices his wit with their wisdom and his aspiring mind with their ambition Sejan and Caesar were lowly and humble when they saw occasion and what was the Duke of Guise when he went bate-headed unto Porters and Crochelers Caesar drave Pompey out of Italy and Sejan Tiberius out of Rome into an Island and what did the Duke of Guise when he forced the late French King not to leave but to fly from Paris Caesar suppresseth Pompey and Crassus and Sejan indeavoured to destroy Drusus and Nero and what did the Duke of Guise when he caused the Admiral of France to be massacred and the Duke of Espernon to be banished the Court Sejan and Caesar spared no money to win men to their service and devotion What did the Duke of Guise when he spent all his own Patrimony and his Wives Inheritance and the King of Spains yearly Pension and infinite Pistolets to purchase himself Friends and Favourers Casar and Sejan subverted their enemies by their own friends And what did the Duke of Guise when he sowed sedition betwixt the King and his brother Caesar and Sejan used the Marriage of Livia Drusus his Wife of his own Daughter and of Pycos Sister for the furtherance of their purpose And what did the Duke of Guise when he caused the Massacre of Paris to be performed at the Marriage of the present King of France with the late Kings Sister Caesar and Sejan could be proud when occasion was offered And what was the Duke of Guise when he equalled his power and strength with the Kings Caesar could brook no equal And what could the Duke of Guise when he contended with the Kings Brother for Superiority and Precedency Sejan set variance betwixt Drusus and Nero to the end the one should take occasion to destroy the other And what did the Duke of Guise when he perswaded the French King to send his only Brother into Flanders where he devised divers means to endanger his life Caesar assumed by cunning and pollicy all the Power and Authority unto himself which was sometimes equally divided betwixt him Pompey and Crassus And what did the Duke of Guise when he suffered no man to be in credit at the Court but himself Sejan offered the Empire unto Drusus not for favour which he bore him but to incense and incourage him to seek the ruine of Nero And what did the Duke of Guise when he profered the Kingdom in the late Kings days unto the King of Navar now King of France but seek means to breed such a distrust and jealousie betwixt the King and him that the one might let no occasion slip that might procure the destruction or overthrow of the other Caesar observed diligently the natures and dispositions of such men as were in special credit with the common people and to purchase their favour furthered their purposes when they tended not to his own hinderance And what did the Duke of Guise when he fawned upon those whom the King loved and labored to prefer his Secretaries to higher places to the end that both they and their Successors might be always willing and ready to pleasure him Pipin shewed himself wise in using the Kings weakness and his own credit for a Ladder to climb to the Kingdom And the Duke of Guise came not much behind him in wisdom when he weakned the late Kings forces and strengthned himself and his complices with intention to set the Crown of France upon his own Head Hugh Capet pretended right to the Crown because he was in some sort alley'd to Lewes the fifth by his Mothers side And the Duke of Guise fortified his Right by pretending Alliance unto the Duke of Larrain whom Hugh Capet deprived of the Crown Pipin hired men to comâ—end himself and dispraise Childerick And the Duke of Guise wanted not his writers and his flatterers who in Books and common Table-talk did daily set forth his praise and took hold of every small occasion to enveigh bitterly against the King Pipin again used Religion and Zeal for a means to win the Popes favour and to procure him to make a friendly Interpretation of the French Subjects Oath to their King And the Duke of Guise with a shew of suppressing the Protestants of France drew divers Popes to join with him in alliance and to draw other Princes with the same line into the same League and left not until the Pope had Excommunicated the late King Hugh Capit disabled Childerick as a man not sufficient to Rule and therefore caused him to be shut up in a Monastery And the Duke of Guise was so bold as to bring forrain power into France and to tell the King that he had procured their help to suppress the Protestants because his Majesty had neither men nor money enough wherewith to overthrow them and common fame greatly wrongeth him if he intended not in time to have shut the King up in some religious house and to have put a Friers Weed upon him Briefly Pipin Iulius Caesar and Hugh Capet attained their desires by their cunning practises and their subtile devises And the Duke of Guise by his slights and Stratagems had not failed of his purpose if the King had not by doing him suddenly to death prevented his intended Usurpation By this that hath been said you may plainly perceive that the Frenchmen rebelled against their Soveraigns long before this time And that they are in a manifest Error who commend their Loyalty so much as in their Writings to call them The most Loyal Loving and Dutiful Subjects of Europe For to omit other Rebellions of the children against their own Fathers in France whereof their Histories are full and plentiful It cannot be denyed that both Pipin and Hugh Capet were Usurpers and that as many as favoured and furthered them against the lawful Heirs of the Crown were notable and traitorous Rebels and in no respect inferiour to those who in these days combine themselves against the
she might happily be enabled to maintain either all or part of the Expences of those Wars with his Treasure And having learned of men of great experience what Forces would suffice to effect her desire and purpose thought it superfluous and needless to send thither greater strength then they not unadvisedly required And albeit neither her Majesty nor the Lords of her privy Council were ignorant that the Indians were far stronger then when they were first conquered And therefore that such a Navy as was first sent thither could not work the like effect there yet both her Grace and they thought it not meet to employ any more of her own or of her Merchants Ships in that service lest that the Spanish Fleet which was expected in England many years before it came coming upon her Realm in the absence of Sir Francis Drake and his Consorts should not have found the same sufficiently provided to make such resistance as was needful For as it sheweth courage in a Prince to give the first on-set upon his enemies within his own Dominions so it argueth want of discretion and wisdom to assault his adversaries with such force and power as if the enemy in absence thereof invade his Realm there should not be found at home an Army sufficient to withstand his Invasion Now as touching her Majesties Attempt made against Portugal and Spain The manner thereof is not unknown unto the world the cause is notorious and the success is not hidden nor secret For Mr Anthony Wingfields and Mr Dr Doylies Books the one in English the other in Latine set down the order motive and the event of that Attempt so truly so fully and so plainly as I shall not need to say any thing thereof especially having already touched his Right at large for whose cause and at whose instance the Voyage was undertaken But because the said Books make but a plain and true Narration of the Journey and of the cause and success thereof leaving the Justification of the same cause unhandled and you desire to see the same confirmed and strengthned by some examples declaring the equity thereof I will in this Point somwhat satisfie your desire and pleasure Presupposing therefore Don Antonion his Title to the Kingdom of Portugal to be just and right as his own Apology can and doth testifie I think it will not be denyed but that what help soever was or shall be hereafter yeilded unto him for the recovery thereof was and will be both warrantable by Law and justifiable by many and infinite Histories The Law be it of Nature or of Nations warranteth any man whatsoever Vim vi repellere to repel force by force which is not tyed to this bare sence and meaning only That it shall be lawful for him to defend himself only against him that assaulteth his person or endangereth his life but it reacheth further and giveth him leave to use any moderate violence yea sometimes to kill him if he cannot otherwise retain his own that goeth about by main force to put him out of possession of his lands and inheritance or to take away his goods from him The same proceedeth further with us in England and in France and provideth that if a man be assaulted and others stand by and help him not they are held for partakers of the violence that is offered unto him and if a man be robbed upon the high-way and Hue and Cry be not made presently after the Theeves the Town Village or Hamlet which presently pursueth not the Malefactor shall answer whatsoever is taken from the party that is robbed The reasons of this Law are many First it is expedient for the Common-wealth to conserve the lives and goods of the Subjects thereof then there should neither be Meum nor Tuum if this Law did not take place Next the first and especial cause of assembling Societies together and of making and fortifying Villages Towns and Cities was a desire and care which men had to live together in safety as well of their Goods as of their persons Lastly nature detesteth unlawful violence desireth the conservation of her Creatures tendreth their welfare and hateth the Procurers of her harm and detriment and therefore provided Princes that should minister Justice unto all men indifferently defend the innocent valiantly maintain their Subjects in peace continually and duly inflict condigne punishment upon the breakers and perturbers of peace and tranquility Now because Justice loseth her name and majesty unless a proportionable Equity be observed in the administration and exercise thereof as private mens security is regarded and tendred in Justice so the Law must likewise have the indempnity safety and commodity of Superiors Magistrates and Princes in recommendation otherwise they should be in far worse case then their own Subjects are For the wrongs that are done unto them are righted by their Magistrates and therefore it standeth with good reason that some provision be made and some care had for the reformation of such injuries as are offered to the Kings and Princes If a Subject be thrust out of possession of his proper Inheritance the Law provideth that he shall be presently restored thereunto And if a king be wrongfully driven out of his kingdom shall not he be allowed to seek a restitution thereof He shall but how Forsooth at his hands who hath deprived him but what if the Usurper will not yeild to his petition he is then to implore the help of other Princes and they on his behalf are to pray and admonish the Usurper to make restitution of all that he detaineth wrongfully whereunto iâ— he shall not hearken after due admonition given unto him they may junctis viribus invade his Realm and by main force inforce him to restore whatsoever he with-holdeth unjustly For this charge lay upon the Emperours as long as they were of sufficient force and authority to command and controll the Kings of this world But now that the Imperial Majesty is somewhat abated and Kings have freed and emancipated themselves from the Emperours power and jurisdiction it remaineth as part of the charge of Kings to see that no violence be offered unto their Colleagues and especially unto their Confederates Therefore it is usual amongst Princes to enter into Alliance together with express conditions to take the Enemies each one of the other for their own Enemies and not only to defend their own Estates against all men whatsoever but also to offend him whatsoever he be that shall attempt any thing to their prejudice and there is nothing more common then to see Princes oppressed to fly for aid unto the Oppressors Adversaries and to receive help and succour from them They therefore are highly commended which receive and harbour a distressed Prince and they contrarywise worthy of perpetual shame and infamy which either refuse to receive such an one or after his receipt offer him any manner of wrong or violence because as to adde affliction unto the