be published in his or their custody contayning such matters as aboue are mentioned against the present order and gouernement of the Church of England or the lawfull ministers thereof or against the rites and ceremonies vsed in the Church and allowed by the lawes of this Realme that they and euery of them should presently after with conuenient speede bring in and deliuer vp the same vnto the Ordinary of the Diocesse or of the place where they inhabite to the intent they might be vtterly defaced by the sayd Ordinary or otherwise vsed by them And that from thenceforth no person or persons whatsoeuer should be so hardy as to write contriue print or cause to be published or distributed or to keepe any of the same or any other bookes libels or writings of the like nature and qualitie contrarie to the true meaning and intent of her Maiesties sayd proclamation and likewise that none after should giue any instruction direction fauour or assistance to the contriuing writing printing publishing or dispersing of the same or such like bookes libels or writings whatsoeuer as they tendered her Maiesties good fauour and would auoyd her Highnesse displeasure and as they would answere for the contrarie at their vttermost perils and vpon such further paines and penalties as by the law any way might be inflicted vppon the offenders in any of these behalfes as persons maintaining such seditious actions which her Maiestie affirmeth by that proclamation she mindeth to haue seuerely executed And if any person had knowledge of the anthors writers printers or disperers thereof that they should within one moneth after the publication of the sayd proclamation discouer the same to the Ordinary of the place where he had such knowledge or to any of her Maiesties priuie Councell as by the same proclamation plainly appeareth After that Martin Marprelate and his fellowes were restrained of setting foorth their seditious bookes they and such like vsed to assemble themselues in conuenticles where they had exercises as they termed them of religion contrary to the law whereupon a Statute was very necessarily made in the fiue and thirteth yeare of her Maiesties raigne to the effect following 35. El. cap. 1. If any aboue sixteene yeares of age shall obstinately refuse to come to some vsuall place of Common prayer to heare diuine Seruice established by the Queenes Maiesties lawes by the space of one moneth without lawfull cause or shall by printing writing or expresse words aduisedly and purposely practise or go about to moue or perswade any within her Maiesties dominions to denie withstand and impugne her Highnesse authority in causes ecclesiasticall vnited to the Crowne or to that end or purpose shall aduisedly and maliciously moue or perswade any whatsoeuer to forbeare or abstaine from comming to Church to heare diuine Seruice and receiue the communion according to her lawes or to come to or be present at any vnlawfull assemblies conuenticles or meetings vnder colour or pretence of any exercise of religion contrary to the Statutes of this Realme as afore is sayd euery person thereof conuicted shall be imprisoned without bayle or maynprise vntill they shall confirme themselues to come to Church and heare diuine Seruice according to her Highnesse lawes and make such open submission and declaration of their conformity as is there set downe If the offender aforesayd being thereof conuicted shall not within three moneths conforme himselfe in comming to Church and making submission and confession being required by the Bishop of the Diocesse or a Iustice of peace of the Shyre where the person shall be or be the Minister of the Parish the offender there so warned or required by a Iustice of peace where the offender shall be shall abiure the Realme by his oath afore the Iustice of peace at the quarter Sessions or Assises as was vsed by the Common law in case of fellony If he refuse to abiure or shall not go or returne without her Maiesties licence it is fellony and he shal loose his cleargie If any offender aforesayd afore they should abiure come to Church on some Sunday or Holy day and then and there heare diuine Seruice and make open submission and declaration of his conformitie to the lawes he should be discharged of all penalties and punishments appointed by this Satute And also if any after such submission refuse or forbeare to come to Church or come to such conuenticles as aforesayd he shall loose the benefit of this Act and be and stand in such case as though no such submission had bene had ne made Likewise if any keepe in his house or otherwise relieue any that shall obstinately refuse to come to Church and shall forbeare to come to Church by a moneth together euery person so doing after notice to him giuen by the Ordinary Iustice of Assise Iustice of peace Curate of the parish or Church-warden shall forfeit ten pounds for euery moneth that he doth retaine or relieue any such person The Satute extendeth not to mens wiues children father mother wards sisters not hauing houses of Popish recusants or feeme couerts shall not be compelled to abiure The persons that shall abiure or refuse to abiure vt suprà shall forfeit their goods and chattels and all his lands during his life This act was made to continue to the end of the next session of Parliament and now is continued in the Parliament holden in the fortieth yeare of her Maiesties Raigne THE FORME OF submission I A. B. do humbly confesse and acknowledge The submission that I haue grieuously offended God in contemning her Maiesties godly and lawfull gouernment and authority by absenting my selfe from Church and from hearing diuine Seruice contrary to the godly Lawes and Statutes of this Realme and in vsing and frequenting disordered and vnlawfull conuenticles and assemblies vnder pretence and colour of exercise of Religion and I am hartily sory for the same and do acknowledge and testifie in my conscience that no other person hath or ought to haue any power or authority ouer her Maiestie and I doe promise and protest without any dissimulation or any colour or meanes of any dispensation that from hencefoorth I will from time to time obey and performe her Maiesties Lawes and Statutes in repayring to the Church and hearing diuine Seruice and will euer hereafter do mine vttermost indeuor to maintaine and defend the same ¶ Of diuerse and sundry victories obtayned in former time by the English nation both by sea and land against their forreyne enemies to the great encouragement of the posterity to maintaine the honor gotten by their progenitors CHAP. 11. ANd now as in the last part of this encouragement The last cause of incouragement what notable victories hath our nation obtayned against the French and Scots aswell in their owne territories and countries as when they haue inuaded this Realme and how most gaciously Almightie God hath alwayes assisted vs in our rightfull causes against our enemies when they haue greatly
whereby you may see the miseries of warre that though they had yéelded and thought themselues sure of their liues paying their ransome according to the lawes of armes yet vppon such necessary occasion to kill them was a thing by all reason allowed for otherwise the king hauing lost diuerse valiant Captaines and souldiers in this battell and being also but a small number in comparison of the French kings army in a strong countrey where he could not supply his neede vpon the sudden it might haue bene much daungerous to haue againe ioyned with the enemy and kept his prisoners aliue as in our Chronicles largely appeareth ¶ Diuerse and sundry practises and deuices heretofore deuised and made with many of our owne nation both by the King of Spaine and the Pope to inuade our countrey and also what preparation hath bene made by her Maiestie to preuent the same CHAP. 7. NOw for as much as the continual plots practises of the Pope Practises of the Pope against vs. the vowed enemy to this Realme to the intent to sow discord and deuision within the same to make an easie way for the enemy to inuade our coūtrey haue bin strange I haue thought good to make mention here of some part of her Maiesties proclamation published in the 33 yeare of her most gracious raigne Proclamatiō 33. Eliz. by which it appeareth that the Pope hath practised with certaine principall seditious heads being vnnaturall subiects of her Maiesties kingdome but yet very base of birth together with great labour vpon his charge a multitude of dissolute yong men who haue partly for lacke of liuing partly for crimes committed become fugitiues rebels and traytors and for whom there are in Rome Spaine and other places certaine receptacles made to liue in and there to be instructed in schoole points of sedition and from thence to be secretly by stealth conueyed into her highnesse countries and dominions and with ample authority from the Pope to moue stirre vp and perswade as many of her highnesse subiects as they dare deale withall to renounce their allegeance due to her Maiestie and her Crowne vpon hope by forreyn inuasion to be inriched endowed with the possessions dignities of her other good subiects These sorts of traitors rebels and fugitiues do bind her highnesse subiects with whom they practise by oathes yea by Sacraments Renounce allegeance to forsweare their naturall allegeance to her Maiestie and yeeld obedience with all their powers to to a forreyn Prince and to assist forreyn forces and for the more forcible attraction of these vnnaturall people This is treason by 13. El. cap. 1. Buls being weake of vnderstanding to this they bend these seedemen of treason to bring certaine Bals from the Pope some of indulgences pretending to promise heauen to such as wil yeeld and some of cursings threatnings damnation and hell to such as shall not yéeld to their perswasion And it is certainely knowne It is high treason to practise with any forreyners to inuade this Realme 13. El. cap. 1. that these heads of these dennes and receptacles which are by the traytors called Seminaries and Colledges of Iesuits haue heretofore assured the king of Spaine who is lately deceased that though heretofore he had no good successe with his great forces against this Realme yet if now he would renew his war there should be found ready secretly within her highnesse dominions many thousands as they make their accompt for their purpose of able people that will be ready to assist such power as he shall set on land and by their vaunting they do tempt the sayd king hereunto who otherwise wold not peraduenture hope of any safe landing here considering what successe he had in the yeare of our Lord 1588 when he made so great preparation to conquer this land that one named Parsons and one Allen haue shewed to the sayd king of Spaine certaine schroles or beadrolles of names of men dwelling in sundry parts of her Maiesties countries as they haue imagined them but specially neare the sea coasts with assurance that these their seedmen named Seminaries Priestes and Iesuits are in sundry parts of this Realme secretly harbored which shall be ready to continue their reconciled people in their lewd constancy to serue their purposes both in their forces and with their trayterous enterprises when the Spanish power shall be ready to land Besides this vpon their impudent assertion to the Pope and king of Spaine though they knew a great part thereof to be false they had lately afore this proclamation aduertised into diuerse parts of this Realme by their secret messengers wherof some haue bene taken and confessed the same that the king vpon their informations and requests promised to employ all his forces that he could make by sea in the yeare of our Lord God 1592 to attempt once againe the inuasion of this Realme but because some of his wisest Counsellers doubted that he should not preuaile he altred his purpose besides many other leud practises treasonable cōspiracies by the sayd fugitiues But her Maiesty doubteth not but Almighty God the defender of all iust causes will as he alwayes hither to hath make all their deuices voyd and by the helpe of her faithfull subiects to increase her their forces and by execution of her lawes by other politicke ordinances to impeach the aforesayd seditious practises and treasons and doth exhort all the Ecclesiasticall State by their example of good life and by their diligent teaching to retaine the people stedfastly in the profession of the Gospell and in their duties to Almighty God and her Maiestie and also she hopeth to haue such sufficient forces in readinesse by sea as by Gods goodnesse and with the helpe of her good subiects shall be as great or greater then her highnesse hath had in any time heretofore to withstand all her enemies and that her subiects will consider of all things requisite to performe for horsemen armor footemen to be fully furnished as time shall require for seruice to defend their countrey And further her Maiestie doth most earnestly require and charge all manner of her subiects with their hands purses aduices yea all persons of euery estate with their prayers to God to moue him to assist this so naturall honourable and profitable a seruice being only for defence of their naturall countrey against straungers and such wilfull destroyers of their natiue countrey and monstrous traytors And moreouer to prouide speedy remedy against other fraudulent attempts of these Seminaries Iesuites and traitors without the which it appeareth these forces should not be continually vsed the same being wrought onely by falshood by hypocrisie and by vndermining of her good subiects vnder a false colour face of holinesse to make breaches in men womens consciences It is fellony to receiue aid or maintaine any lesuit c. 27. F. l. cap. 1. so to traine them to their
violence vpon paine of death and shortly after they fired the towne and tooke the seas and they brought also with them into England diuerse of the best sort of the Spaniards taken in the said Citie as prisoners to abide their ransome what the king will do being herewith moued I know not but no doubt her Maiestie will prouide to defend the worst as good pollicie willeth Salomon saith Beatus qui semper timet hoc est qui cautus prouidens est ad omnia mala quae possunt in illum incursare depellenda paratissimus How most graciously Almighty God hath dealt for her Maiestie to defend her her kingdomes from forraine forces inuasion you may sée in that in the beginning of winter about three yeares last past when the king of Spaine had gathered together as great a number of Shippes as he could furnish from all partes of his dominions or could recouer by imbarking all other shippes of seruice which came for trade into Spaine or Portugall intending to haue inuaded her Maiesties realme of England and yet such was the prouidence of God contrary to his expectation intētion by hastening of his enterprise in a time vnlooked for to surprise some place in England or Ireland before her Maiesty could haue had her owne force in readinesse she still prouiding to haue liued in peace which she professeth both to her self all Christēdome it pleased him who frō heauen with iustice beholdeth all mens purposes sodainly most strāgely to drowne make vnseruiceable diuerse of his best ships of warre being vnder saile comming from Lisbone and verie neare to the deffined hauen of Ferroll with destruction of no smal numbers of souldiers and mariners among which manie of those Irish rebels which were entertained in Spaine to haue accompanied either that Nauy or some part therof into Irelād were also cast away by which manifest act of Almightie God the Armie was so weakened as the same could not put to the seas according to his former purpose And here I protest that I write not anie thing to disgrace anie Prince or nation against whom our nation hath so often preuailed but that you may by the said examples sée that God giueth the victorie where it pleaseth him although the said other Princes be right couragious and valiant in armes That notwithstanding the difference of religiō or anie other cause whatsoeuer we ought all to ioyne together for the defence of our Prince and countrey against the enemie with a repetition of certaine lawes tending chiefly to the preseruation of her Maiesties person and the safetie and defence of the realme CHAP. 12. ANd though we be deuided for religion which God of his mercie bring to vnitie yet I trust that we will wholly Though we be deuided for religion yet we must ioyne against the enemie faithfully and as we are bound and belongeth to good and loyall subiects and naturall men to their countrey ioyne together in this seruice of defence of our Prince and countrey against the enemie following the good example of the Iewes who although great dissention and ciuill discord was among themselues as Iosephus writeth in his booke de bello Iudaico yet when the enemie did inuade their countrie Lib. 6. cap. 10 they ioyned together and valiantly defended thēselues So did the Romans as Bodinus writeth his words be these Bodinus 563 Cùm enim aliquando in visceribus vrbis Romanae patres cum plebe capitalibus odijs inter se contenderent hostis in Capitolium inuasit repentè ciues ad concordiam adducti hostem repulerunt rursus parta pace cùm ciuiles discordias relapsas intuerentur venientes Romanos agros vastare coeperunt repent è ciuilis motus conquieuit vt hostes propulsarent That is When the chiefe of the citie of Rome with the common sort of the Citizens there were at deadly hate the enemie entred the Capitoll wherupon sodainly the Citizens being reduced to concord they did driue away the enemie and by that meanes peace being obtained when they againe fell into ciuill discord the enemy that perceiuing they destroyed the fields at Rome whereupon the commotion ceased that they might repulse the enemie To that effect he writeth of the troubles of Spaine Ibidem 563. thus Nec verò motus ciuiles Hispanorum aliter sedare potuerunt cum absente Carolo quinto Imperatore nouum creauissent regem Gallorum exercitu in Cantabriam Nauarram tunc irruente quas regiones Galli occupauerant sed Hispani repentè conciliatis animis hostiles impetus represserunt amissa recuperarunt That is The ciuill warres and troubles in Spaine could not otherwise be appeased when Charles the fift Emperour being absent they made a new King at which time an armie of the Frenchmen entredinto Cātabrie and Nauarre and possessed the same but the Spaniards sodainely according within themselues did expell them and recouered againe those losses By these examples the naturall affection which these men had and euerie man ought to haue to the preseruation and safetie of their countrie doth euidētly appeare And whatsoeuer the cause be that moueth ciuill warres yet that ought not to worke such malice in them as the safetie and good of their countrie should thereby be endangered or neglected wherby the saying of the Poet Ouid may appeare to be true Nescio qua natale solum dulcedine cunctos Ducit immemores non sinit esse sui And because there are many good lawes ordained Diuerse lawes meet to be set downe and knowne in these dangerous dayes as well in the time of our most gracious Soueraigne Ladie that now is as also of her noble Progenitors by the authority of their high Courts of Parliament touching the securitie of her Highnesse person and the safety and defence of the realme which be necessarie at all times but especially now in these dangerous dayes to be knowne I haue thought good here to make mention of them to the end men should not be ignorant thereof although in truth the ignorance of the law doth not excuse German fol. 52. but of the déed as the saying is Ignorantia legis non excusat sed ignorantia facti And first touching her Maiesties person 25. E. 3. cap. 2 Compasse or imagine the death of the Queene it is ordained by a Statute made in the fiue and twentieth yeare of Edward the third which some hold to be but a confirmation of the common law that if anie compasse or imagine the death of her Maiestie whom Almightie God of his great mercy vouchsafe to preserue and to graunt her life with most prosperous health in high felicitie long to cōtinue and to raigne ouer vs to the ouerthrow of her enemies confusion of all traitors this is high treason Treason B. 24. 1. Mariae These words ompasse or imagine the death of the King or Quéene are large words for he that doth deuise how the Prince shall come
THE MANSION of Magnanimitie WHEREIN IS SHEWED THE most high and honorable acts of sundrie English Kings Princes Dukes Earles Lords Knights and Gentlemen from time to time performed in defence of their Princes and Countrie set forth as an encouragement to all faithfull subiects by their example resolutely to addresse themselues against all forreine enemies Published by RICHARD CROMPTON an Apprentice of the common Law 1599. Whereunto is also adioyned a collection of diuerse Lawes and Statutes meete to be knowne of all men with a briefe Table shewing what munition ought to be kept by all sorts of her Maiesties subiects for the defence of her Highnesse Realmes and Dominions LONDON Printed for VVilliam Ponsonby 1599. TO THE RIGHT HONORABLE ROBERT EARLE OF ESSEX AND EWE EARLE MARshall of England Viscount Hereford Lord Ferrers of Charâ—ley Bourchier and Louaine Knight of the most noble order of the Garter Maister of her Maiesties Horse and Ordenance Chauncellor of the Vniuersity of Cambridge and one of her Highnesse most honorable Priuy Counsell RICHARD CRVMPTON desireth eternall felicitie THere is no kingdome Right honorable so strongly seated or with Castles so fortified or that so aboundeth in wealth which without valiant men trained vp in martiall discipline can be defended from the force of the enemy for the stronger or richer the countrey is the more are the snares and sleights prepared by the enemy to compasse and conquer the same for which cause and for that also occasions of warre are often offered vpon the sodaine it is necessary that some number of men should be trained vp continually in martiall actions as in other countries is vsed and so much the rather where long peace hath bene had which often taketh away the feare of warre causeth men to liue too securely and without regard of forreyne danger whereby they are vnskilfull in warres affaires and that such trained men may be alwaies ready and able to informe and leade others vnexperieÌ„ced in that seruice for it is not the number of men that alwayes obtayneth the victory in battell but such as are couragious and well exercised in martiall skill as Erasmus sayth well Erasmus Non refert quà m numerosum militem ducas in praelium sed quà m fortem quà m exercitatum Homer in these few verses following Homer setteth forth the whole military discipline which resteth in the valour of the souldiers and their obedience to their Captaines and Leaders Graeci fidentes animis audacibus ibant Ductorum quamuis premerent formidine vocem VVhere he sayth that they trusting in their couragious minds went against their enemies there he commendeth and extolleth their valours in armes and where he sayth they feared the commandement of their Captaines there he highly praiseth their great discretion and modesty VVhat bred such fame to the ATHENIANS who being but ten thousand ouerthrew great numbers of the PERSIANS in one battell in that time when they most florished in their conquests and did rule ouer many nations but valour and skill in the souldiers and obseruation of orders in battell By order all things are preserued and maintayned and without order all things come to ruine and confusion as the Scripture sayth Vbi nullus ordo ibi est confusio And as these things are requisite in the souldiers so is experience valour and skill also in the Captaine for if the blind leade the blind both fall into the ditch as the Gospell witnesseth therefore such Captaines are alwayes highly to be honoured imbraced aduanced and rewarded according to their places callings and deserts as the defenders in the time of warre of the Prince and state of the kingdome and common-wealth that they may be incouraged in that seruice and such as lightly esteeme these men or preferre them which liue idlely and daintily afore them are enemies to the Common-wealth as Osorius writeth and to be taken as the destroyers thereof in that they doe as much as in them lyeth to lay open their Countrey to the force of the enemie And because the matter of this Treatise concerneth the defence of our Prince and Countrey against the enemie which seruice appertaineth most properly to men of honour who ought to hold nothing more deere to them then the safety of the same of which they be the chiefe props stayes defenders and mayntainers vnder her Maiestie I haue thought it conuenient to dedicate this little Treatise to a man of such state and vnto your honour chiefly to the ende you may therein see the notable actes of Chiualrie performed in that seruice that thereby you may be incouraged to followe their steppes and increase the fame honour and renowme which you haue attayned in your late valiant seruice at CALES in SPAINE and else where Humbly beseeching your honor to accept this my small labour as a token of my desire to coÌ„mend your Honourable name to posteritie At your Honors commaund RICHARD CROMPTON AN ORATION TO BE MADE BY THE GENERAL TO THE WHOLE ARMIE AFORE THE BATTEL ALthough Warres are by all good meanes to be eschued for the auoiding of the great effusion of bloud that thereby often doth ensue yet when intollerable wrongs and iniuries are offered either by a forreine Prince or his subiects no recompence is made for the same The cause of the war must be published that it may appeare to arise vpon iust occasions which much doth encourage the souldier to fight warre must be taken in hand and Bodinus saith Bella non nisi propulsandae iniuriae ac pacis causa suscipienda sunt that is Warres are to be entred into to withstand iniuries and to procure peace The causes which haue drawne vs at this present into the field against these our enemies are knowne to many of you namely how these our enemies most violently and in warlike maner with Ensignes displayed in the time of peace without anie proclamation of Warre first made according to the lawes of Armes haue entred into our territories and countrey burned some of our Churches defaced the auncient monuments of our elders put multitudes of her Maiesties people to the sword yea women and children wasted their dwellings with fire despoiled them of their goods and rauished most shamefully their wiues daughters kinswomen euen afore their faces to be short there is no cruelty or tyrannie whatsoeuer which might be deuised but they haue afflicted her Highnesse subiects therewith without all pitie or mercie For which due recompence hath bene diuerse times by her Malesties Embassadours required and yet none is made Therefore either we must with sword and fire be reuenged of these most extreme dealings or otherwise they will be encouraged to attempt the like yea they will account vs men of no courage but cowards and base hearted a name which to our nation hath bene alwayes most odious in that it hath bin accounted valorous in armes in all countries as one writeth Anglia Bistonio gens semper inclita Marte Euerie man is borne
est When the Prince doth ordain punishment to any he is sad also where any is punished he taketh it as it were don to himself She is a most milde Prince not fearefull to behold or to be spoken vnto Ouid metamor li. 2. f 30. Nullae in fronte minae nec formidabile lumen But with most benign and gracious countenances receiueth and answereth the petitions supplications of her subiects she is of that honorable and princely disposition in all things that euen the greatest Princes do honor her And in that hir Ma. 4 cause of incoragemēt hath fortified the borders of this realme in places dāgerous for inuasion with such castels and strong holds with a mighty nauy of warlike ships Fortification of the realme and furnished her kingdome with such abundāce of armor all other things necessary for the wars and defence of her cuntry people as the like hath not bin seen in any Princes dayes before her time If we will consider the miserable conditions of such Nations as liue vnder Princes where the pleasure of the Prince standeth for law Miserable cōditions of other people and where the king saith Sic volo sic Iubeo stat pro ratione voluntas So I will Iuuenal so I command my will shall stand for reason And compare the same with our happy state we haue iust cause to thinke our selues much bound to God for our Princes not only make good and wholsome lawes Good lawes but are wel pleased also to be ordered by them in the day of their Coronation take a solemne Oath vpon the holy booke of God to indeuor themselues Othe that the same lawes shall be obserued and executed to all indifferently Osor fo 105. And therein is the difference saith Osorius betwixt a kind and a Tyrant Non mediocre discrimen est inter regematque tyrannum quòd Rex legibus s◠deuinctum profitetur Tyrannus vero in interitu legum omnem dignitatem suam collocandam existimet Among many other what an Honorable law was made in the 9. yeere of king Henry the third 9. Hen. 3. A most honorable Law as followeth No frée man shal be takē or imprisoned or be desseised of his freehold liberties or frée customes or be outlawed or exiled or anie waies destroyed nor we shall not passe vppon him nor deale with him but by lawfull iudgement of his peeres or by the Lawes of the land we shall sell to no man wee shall deny nor deferre no man 42. li. Ass either of iustice right or equitie By which statute a Commission granted out of the Chancerie to take I. N. and seize his goodes and chattels was iudged void for that it was done without iudgement or sute of the partie or other due processe How happie be we in respect of the Russes amongst whom there is a lawe Russes if any man die without issue male though he haue many daughters yet the Prince seizeth all his goods to his own vse except perhaps of his goods he giueth some part amongest the daughters to bestowe them in marriage And likewise if a man that is vnfit in his owne person for the warres hath such wealth that thereby many warriours might be maintained or that if any of the Courtiers hauing knowledge thereof doe present his name to the Emperour the vnhappie man by and by is sent for and in that instant depriued of all his riches which with great paines and trauaile all his life time he hath gotten togither except perchāce some small porcion thereof be left to maintaine himselfe his wife children and familie withall and then the Emperour bestoweth these goodes amongst his Courtiers according to their deserts Booke of Nauigation fol. 788. 417. as appeareth in the booke of Nauigation But no such vse lawe nor custome is amongst vs. For if a man haue no sonnes then his daughters or some other of his line possesse his landes and his Executor his goodes as pleaseth the owner to limit And when our Prince would haue ayde of her subiects towards the maintenance of her warres or for other necessarie respects she taketh not her subiects lands or goodes from them neither can so doe by her Highnesse lawes except they be first thereby condemned and so forfait them for some offence but vseth to call a Parliament and by the assent of all her Nobles and Commons hath Subsidies and other aydes of her subiects towards the defraying of som of these charges and the subsidie or ayde thus granted if it be of lande for the most part amounteth not to the thirtieth part of the yeerely rent of the same and if it be of goods reacheth not oftentimes to the fiftieth part thereof Againe whereas in France Tributes for meat drink in other countries Flanders and other Countries the people pay certain tribute to their princes for some sort of meat and drinke and for their dwellinges We are not charged with any such impositions Neither is such torment vsed heer in execution of offenders Torments in execution as breaking of their legs armes and backe and so laide on a whéele of a cart pitched on a pole and there to lie till hee be dead which is common in other Realmes by the Ciuill lawes but is executed here by hāging onely till he be dead except it be in case of high treason Therfore I say we are in these respects most happy in regarde of other Nations ¶ How much we are bound to God that doth assist her maiesty with such graue wise and most honourable Counsellers and also diuers and sundry perswasions in respect of the premisses and other things why we should all resolutely fight in the defiance of the enimy And of the miseries of warre where the enimy preuaileth Chap. 3. AS a further cause of this incouragment Fift cause of incoragemēt how much are we bound to God in that it hath pleased him alwaies to assist her Ma. with such honorable counsellers men of such grauity Wise Counsellers truth faithfulnesse and wisdome of such deep skil consideration policie forecast and experience as to speak it plainly simply no Prince vnder the sun is furnished with the like or at least with a better by whose great wisdome trauel and indeuour this common peace and quietnesse hath bin so long preserued and mantained If any thing hath bin intended to the perill of her maiesties person or danger of the state that hath been by them quickly espied deeply looked into and with greate wisdome pollicie in time preuented and auoided to their great honors immortall fame so as in the choise of them her maiesty hath most graciously wisely considered of the saying of Osorius Osor sol 292. Necesse est vt Regis consiliarij sint maximo ingenio praediti bonis artibus exculti longo rerum vsu per ti in historijs diligentissimè versati What men must be
treasons that with such a secrecie by the harbouring of the said traiterous messengers in obscure places as without very diligent and continuall search to be made and seuere order executed the same will remaine and spread it selfe as a secret infection of treasons in the bowels of this realme most dangerous yea and most reprochfull to be suffered in any well ordered common-wealth Hereupon according to her said proclamation her Maiestie directed her Commissions forth to enquire by all good meanes what persons were by their behauiours or otherwise worthie to be suspected to be anie such persons as haue bene sent or that are imployed in any such perswading of her Highnesse people or of any residing within her realme to treason or to moue anie to relinquish their alleageance to her Maiestie or to acknowledge any kind of obedience to the Pope or to the King of Spaine and also of other persous that haue therunto yéelded And to the intent to discouer these venimous vipers or to chase them out of this realme for infecting many more her Maiesty did thereby straightly charge and command all maner of persons whatsoeuer without exception that was kéeper of anie house family or lodging and gouernors of anie societies to make diligēt search immediatly vpon the said Proclamation made of all maner of persons that haue bene admitted or suffered to haue vsuall resort diet lodging or residence in their houses or in anie place by their appointment within one yeare ended at Michaelmas then last past or that from thenceforth should be admitted or suffered to resort eate lodge reside or attend to be examined of what condition or countrey he is and by what meanes he hath liued and where he hath spent his time one yeare last before and whether he vse to resort to Church to diuine seruice according to the law and their answeres to be put in writing particularly and to be kept as a register to be shewed when they shal be required that vpon cause of suspition the partie may be tryed farther by the Commissioners whether the same partie be a loyall subiect or not And if any shal be found vnwilling to answere to such inquisition or by his doubtfull answere not like to be an obedient subiect the same shal be stayd by the houshold or him that ought to haue the examination of him and if any hauing gouernement or commaundement ouer any seruant that shal be found not to haue performed the points of the sayd inquisition as is afore limitted the same partie shal be called before the sayd Commissioners or before her Maiesties priuie Councell if the qualitie of the person do so require and shal be vsed and ordered for such defaults as the sayd Commissioners or her Maiesties Councell shall haue iust cause to deale with such persons And lastly by the same Proclamation did admonish and straightly charge and commaund all persons that haue had any intelligence of any such that are sent or come from beyond the seas to such purposes to direct them before her highnesse Commissioners mentioned in the sayd Proclamation to be assigned for the examinations of such persons within twentie dayes next after publication of the sayd Proclamation in the shyre Towne Citie or Port within the precinct of the same Commission vpon paine that the offenders therein shal be punished as abbetters and maintainers of traitors as by the same Proclamation amongst other things therein mentioned doth appeare And how let me turne my spéech to you O ye vnnaturall and degenerated Englishmen Booke of English fugitiues treacherous and vnfaithfull to her to whom you owe all loyaltie dutie and obedience how can you thirst after the destruction of the countrey where you were bred borne and nourished why do you vnder colour of Religion enter into such hainous treasons séeking thereby the ouerthrow of our most gracious Quéene and Soueraigne and the subuersion of so glorious a State by séeking to bring into this land strāgers to subdue the same a nation who where they do ouercome The tyranny of the Spaniards shew themselues most cruell tyrannous and do séeke to fill the ayre with horrible blasphemies whose abhominable incontinencies do reach to the heauens asking benegeance at the hands of God Flaunders can well witnesse it Portingall hath proued Hispaniola can witnesse the other prouinces of India can testifie And where amongst all nations it hath bene accounted a most honorable thing for men to giue their liues for their coūtrey and to dye in the defence of their temples It is honorable for a man to giue his life for his countrey Altars monuments of their elders you séeke to sée your countrey bathed with the bloud of your parents wiues and children kindred and friends to sée your Cities temples consumed with fire and the monuments of your auncesters defaced our wiues daughters virgins defloured and rauished afore your faces and to bring this realme which is famous amongst all Christian nations of the world to the perpetuall slauerie seruitude and bondage of a forrein Prince in whose seruice in the field though you haue sundry times shewed your selues right valiant yet they accompt you as traytors to your Prince and countrey as they well may they regard you not they disdaine you and how hardly you haue bene dealt withall there your owne experience telleth you which in the booke of the state of English fugitiues is set downe at large I will remember some When the Duke of Parma lay in siege at Andenard did not Norris Barney Cornish and Gibson whom they had chosen to be their Captaines with a troupe of sixe hundreth Englishmen the tallest best appointed souldiers that a man might lightly see offer their seruice to the sayd Duke their comming being the onely cause that the sayd towne a matter of great importance and on the land side as it were the key of the prouince of Flaunders was so soone deliuered vnto him as it was for whereas the Duke of Aniow and the Prince of Orange lay vnder the walles of Gaunt with sufficient force and deliberate resolution to succour the sayd towne of Andenard vpon this mutinie of the English they marched away with their whole army leauing the enemy battering the sayd towne which seeing it selfe frustrated of the expected succors presently rendered it selfe vnto the Duke of Parma thence they were drawne to Winoch Bargen to serue against the French English which lay there incamped where they behaued themselues with such desperate resolution that day that Monsieur de Balaunson brother to the Marquis of Waranbone was taken prisoner that besides the losse of many of their liues they were in this action a wonder to the whole army But could the pride of the Spaniard endure to heare these your prayses nay did not they enuie and greatly disdaine it They disdaine you saying That you had serued rather like gyddy headed drunkards then men wise and valiant For a further
among Christian Princes and to moue their subiects to oppose against them surely his owne conscience shall testifie against him which will be as strong as a thousand witnesses as Persius very well sayth Poena autem vehemens ac multo seuerior illis Satyr 3. Quas Ceditius grauis inuenit Rodamanthus Nocte diéque suum gestare in pectore testem And againe Conscientia mille testes onus Aetna grauius Can he find by the word of God No subiect can rebell for any cause Rom. 13. that it is lawfull for the subiect to rebell against his Prince for any cause whatsoeuer Saint Paul sayth Let euery soule submit himselfe to the higher powers there is no power but of God all powers that are be ordayned of God and whosoeuer resisteth the power resisteth the ordinance of God and procureth to himselfe damnation When Pilate sayd to Christ Iohn 18. Knowest thou not that I haue power to loose thee also to crucifie thee he sayd thou shouldest haue no power at all ouer me were it not giuen thee from aboue our Sauior Christ was called afore the high Priests to answere to his doctrine did he oppose himselfe any way against them no he knew they had their authority from God and therefore he shewed all obedience to them in respect of their place and patiently suffered death though vniustly according to their wicked law and iudgements When Malcus with other of the high Priests seruants came by their commandement to take Christ Iohn 18. Peter drew out his sword cut off Malcus eare Christ said vnto him Put vp thy sword into thy sheath Math. 25. for all that strike with the sword shall perish therewith thinkest thou that I cannot speake to my Father and he shall giue me more then twenty legions of Angels but how should then the Scripture bee performed The famous clarke Erasmus in his Paraphrase vppon this place of Scripture Paraphrase speaketh these words vnto Peter as it were in the persō of Christ Put vp thy sword into thy sheath matters of the Gospell are not in such manner to be defended if thou wilt succeed me as my vicar thou must fight with no other sword then of Gods word which cutteth away sinne and saueth the man And the auncient father Tertullian in his Apologia cap. 37 sayth In our profession more meeter it is to be slaine then to slay So did all the Martyrs of God by whom the Church of Christ increased Saint Augustine saith Not resistendo sed perferendo Not by resisting but by suffering If the Prince should set foorth a law touching the worshiping of God or matter of conscience against the word of God and lymit a paine to the breakers thereof Acts. 4. though the subiect be not bound in conscience to obserue that law for in such cases a man must rather obey God then man yet he may not rebell nor oppose himselfe violently against his Prince but he must rather referre his cause to God and submit himselfe to the punishmēts of the law Peter 2. as Saint Peter saith Submit your selfe to euery ordinance of man for the Lords sake whether it be to the king as to the chiefe or to them that be sent of him then it followeth he may not rebell whatsoeuer the ordinance be The Iewes had a law that whosoeuer should say he was the Sonne of God should die Christ that was the soonne of God in déede Looke Iohn 19. verse 7. and so declared himselfe to the people to be yet he did submit himselfe to the paine of the law thoughit be vngodly ¶ The manner how to suppresse rebels with a perswasion to all subiects to the due of obedience of their Prince the great inconueniences that arise of ciuill warres How hatefull the name of a traytour is to the posteritie and what plagues haue fallen not onely vppon traytors but also vppon such as haue bene murmurers against their Princes Gouernors CHAP. 8. WHen the Princes of Germany determined to take armes against the emperor for the defence of their religion Bodinus 211 they asked Luther if it were lawfull so to do who answered expresly that it was not Sleildan 4. and would not perswade them thereunto saying that no cause could be iust for the subiect to beare armes against his Prince countrey And because it is conuenient that rebellious and disordered people should be dealt withall with conuenient speed Bodinus lib. 4. fol. 487. let vs heare what Bodinus writeth concerning the maner how Si tamen seditio priùs coorta fuerit quà m prospiceretur sapientissimos ac summa virtute praestantes viros qui populi motus orationis lenitate ac prudētia regere possunt adhibere oportebit nam qui vi◠adhibent perinde faciunt vt ij qui torrentem praecipiti casu de rupibus altissimis labentem sistere se posse confidunt How rebels must be suppressed If seditious persons and rebels be assembled together afore it be foreseene the wisest men and such as for their great vertue excell can moue the people with their gentle and wise perswasions are most meetest to be vsed for such as at the first vse force do as they which thinke to stay a great water falling headlong from the high rocks If wild beasts cannot be tamed with strokes but by gentle and skilfull vsing of them who can thinke with sharpe and rough words to tame such as of all beasts are most fierce The Senate of Rome did very often reprehend such as vsed force to appease the furie of the people and rather cōmended Menenius Agrippa which not with bitternesse but rather with gentlenesse and cunning vsed to reduce the people to their obedience and dutie which aboue all other bred to him immortall praise and glorie to the common wealth And to that effect the Poet Virgill writeth thus Ac veluti magno in populo cum sepè coorta est Seditio Aeneid lib. 1. saeuitque animis ignobile vulgus Iamque faces saxa volant furor arma ministrat Tum pietate grauem ac meritis si fortè virum quem Conspexêre silent arrectisque auribus astant Ille regit dictis animos pectora mulcet Whē sedition is raised amongst the common people in their rage firebrands and stones flie for furie doth minister weapons then if they see by chaunce anie graue man to be reuerenced for his vertee and good deserts they are silent and hearken to him diligently and he asswageth with his mildnesse and wise speeches their minds and rages Pericles So did Pericles the Athenian Peter Loredan the Venetian and others whereby it appeareth that vertue and wisdome doth sometime mors preuaile in these cases then either lawes armes or the commandement of rulers And to restraine such rebellious people and reduce them to due obedience the feare and reuerence of Religion hath bene in times past of great force Lib.
Ireland to the vse of his Lord Thomas Fitzgerauld and being dealt withall by the king of England his Lieutenant there to yéeld to him to the vse of the king the sayd Castle for a certaine summe of money agréed in the end so to do and deliuered vp the hold accordingly and receiued his money After the Lieutenant considering the vniustnesse of this man to his Lord which had put him in trust with the safe kéeping of his Castle and to whom he was déepely beholden meaning to make an exāple of such treacherie caused this Captaine presently to be executed declaring thereby though for the time he imbraced the benefite of his treasōs yet after he could not disgest the vnfaithfull dealing of this traitor to his Maister that had trusted him with a place of such great credence and defence Christian van de Veque betrayed for a great pension the the Castle of S. Christiā van de Veque Iohn being one of the most importāt fortresses of Portugall to king Philip who in the end was rewarded with such as a traitor deserueth for being a while entertained with hope was at last banished to the wars of Affrica for ten yeares The like vsage in maner receiued all his fellowes which betrayed the king of Portugall their lawfull king by deliueries of such places as they had in gouernement or by doing the king of Spaine any other seruice to the preiudice of Don Anthonio king of Portugall Haue we not séene the vnnaturall practises of Shelley Charles Paget and others with the Spaniards to inuade our countrey and to haue ouerthrowne this happy state and gouernement thereof looke into a litle treatise published 1585 where it is set downe at large Esay 22. Sobna The Prophet Esay speaketh of one Sobna whom the king Hesekiah had greatly aduaunced who outwardly shewed that he would liue and dye with him but he had a false hart to his Prince and more fauoured the Assirians the kings enemies who sought to inuade his countrey but he was caried captiue into a forreine countrey farre off according to Gods ordinance and there dyed in confusion Such as are traitors to their owne countrey may be well compared to the viper Rhetorik Wilso fo 64. Plinie whose nature and propertie is as Pliny writeth that when by course of time he is to come foorth of the belly of his damme he eateth a hole through the same by meanes whereof she dyeth and so is he the cause and the destruction of her that did breed nourish and preserue him It is a commō saying He is an euill bird that defileth his owne neast and so is he a monster and no man that conspireth or intendeth any perill or daunger to his natiue country Who that desireth to know what hath bene the end of traitors and false conspirators against their Prince and countrey in old time may reade M. Renegers booke Reneger wherein they are disclosed at large As ciuill warres Ciuill wars and dissentions are perillous to all states so are all occasions to be preuented which may bréed the same amongst which there is no one thing that sooner ingēdreth such discord Contention for religion breedeth oftentimes ciuil dissentiō then contention for religion which carieth away men with such vehement passions that they will fight for the same more willingly then for their wiues or children lands or goods in respect of it they regard nothing through the diuersitie thereof French Academie ca. 63 the father is against the son and the son against the father they which are nearest of kinne loose their naturall loue they which are of the same country and linage persecute one another as mortal enemies sundry nations abhorre one another for the same cause To raise seditiō tumults in a Citie Bodinus li. 4. fo 486. nothing is more daungerous saith Bodinus then to be diuided in opiniō whether it be in matters of state or of lawes and customes or for religion therefore the causes whereof such mischiefes may ensue by all pollicies in the beginning are to be looked vnto He is not counted a good Phisition onely that cureth the disease but that preserueth health and preuenteth sicknesse to come A small sparke raiseth great flames of fire as the saying is Concitat ingentes flammas scintilla minuta In the beginning a fire with litle water may be suppressed Nota. which if it increase to great flames without much ado will not be quenched Ouid. as the Poet Ouid verie well saith Ignis ab exigua nascens extinguitur vnda Sed postquam creuit volitantque ad sydera flammae Vix putei fontes fluuij succurrere possunt And the same Poet writeth also De arte amandi Principijs obstat serò medicina paratur Cùm mala per longas conualuêre moras Withstād the beginning for the medicine is too late prouiuided when the disease by ouerlong tarying is increased Afore religion is established Not meet to argue against religion setled by authority Bodinus li. 4. fo 481. Paradox fo 1 to argue of religiō to try the truth is allowable but when it is set downe by common authoritie it is not after to be disputed vpon or brought in question as Bodinus affirmeth for there is nothing so firme or stable which by force of argument can not be peruerted and to that effect Tullie writeth Nihil est tam incredibile quod non dicendo fiat probabile nihil tam horridum aut incultum quod non splendescat oratione tāquam excolatur And Plutarke affirmeth Quod extat Licurgi lex antiquissima Plutarke 5. quam Florentini disputatores omnium acutissimi in populari statu inferunt nec scilicet de legibus semel receptis ac probatis disserere liceret Bodinus li. 4. fo 48. intelligit leges disputatas in dubium reuocari dubitationem verò iniusticiae opinionem afferre ex quo legum ac magistratuum contemptum reip interitum sequi necesse est Quod si Philosophi Mathematici suarum disciplinarum principia in dubitationem reuocari non patiuntur quae demētia est de religione non modo priuatim sed etiam publicè disputare velle There is an ancient law saith he amongst the Ligurians which the Florentines most quicke in disputation did commaund to be holden that of lawes once receiued and allowed to dispute it should not be lawfull for to call in questiō lawes afore determined vpon doth bring in doubt the thing afore agréed vnto as though it were not right and iust whereupon contempt of the lawes and gouernement and the ouerthrow of the common wealth doth consequently ensue If the Philosophers Mathematikes will not suffer the grounds of their learning to be brought in question what madnesse is it then priuately or publikely to dispute of religion once set downe and allowed Fo. 5. Doctour Smith in his booke de Repub. Angl. saith Certaine it is
to her death by words or otherwise doth some act to explaine the same as in assaying of harnesse sending of letters or message or such like this is treason And he that doth intend to depriue the Prince in that is intended the Princes death and therefore it is treason Withhold Castle 14. El. cap. Dyer 145. Treason B. 24. Leuie warre 25. Edward 3. cap. 2. Adhere to her enemies Conspire to commit treason 2. Li. ass 49. Messenger 21. Eliz. 3. 23. 45. E. 3. 25. Ayde Brytton 114. lib. 1. Stamf. 1. Misprision Treason B. 2. Armes No access in treason Com. Plo. 262. Slaine in field And the withholding of a Castle Fortresse or such like against the Prince is a leauying of warre against her Maiestie and is treason If a stranger borne in the time of peace betwixt his Prince and the Quéenes Maiestie come into this realme and take rebelliously anie of her Castles and the same detaine against her this is treason and is in law as a leauying of warre against her If any leauie warre against her Maiestie within this realme or be adherent vnto her enemies in this realme giuing them aide and comfort in this realme or else where and thereof he probably attainted of ouert déed this is also treason If one moue another to commit any treason and the other assent that it shold be done and it is committed indéed by the one of them this is treason in thē both It is treason by the cōmon law to kill him that is sent on her Maiesties message or that goeth to ayd her in her warres It is treason if any worke anie thing against her host or be assenting counselling or consenting to the same If any do know another to haue committed treason though he be not consenting to the same yet if he do not reueale it to some that hath the law in gouernment it is misprision of treason If anie ioyne the armes of England with his armes this is treason 38. Henrie the eight I thinke this is meant when it is without difference Note that in cases of treason there are no accessaries but all be traitors principals If a man leauy warre against the Prince and be slaine in the field this is treason without any attaynder by the auncient law of the Realme for he was the cause that the course of law could not passe vpon him he shal loose his lands goods in this case his bloud is corrupted Dower F. 106. the wife looseth her dower by the cōmon law If a treason be committed by the Queenes subiect out of the realme against the realme it shall be tried in England in the Kings bench 8. E. 3. Dier 132. Treason out of the Realme Dyer 298. Buls Obedience Adherent to the enemies Triall F. 54. 5. R. 2. Prophecies Rebellion or where the Prince shall please 33. H. 8. cap. 23. 35. H. 8. cap. 2. sée the case of Story afore Chap. 10. touching this As touching the bringing into this realme of Buls practising to withdraw her Highnesse subiects from their naturall obedience which is treason see afore Chap. 10. If a man be adherent to the kings enemies in Fraunce his land shal be forfeit his adherence shall be tried where the land is as it shal be of such as adherre to the kings enemies in Scotland He that shall publish any prophecy vppon any mans armes or things vsed in armes to the intent to make any rebellion insurrection disturbance or losse of life shall forfeit ten pounds and be imprisoned one yeare and the second time being conuicted of the first offence shall forfeit all his goods and be imprisoned during his life if any by erecting or setting vp of any figure by calculation Figure Witchcrafts Natiuity witchcraft sorcery or inchantment or by casting of natiuity or by publishing of any prophecy to such intent shall seeke to know or vnderstand and shall publish the same abroad how long her Maiestie shal liue Prophecies how long her Maiestie shall liue 13. El. cap. 1. Compasse her Maiesties death or who shall be King or Queene after her it is felonie It is ordayned also by a Statute made in the thirteenth yeare of her Maiesties Raigne that if any shall without the Realme or within compasse intend or imagine the death or destrustion or any bodily harme tending to the death destruction mayming or wounding of the Queenes Maiesties person or to depose or depriue her from the Crowne or any her dominions Leuy warre Inuade this Realme Dyer 298. Vtter by words Treason or to leauy warres against her within this Realme or without or to moue or stir any forreyners or straungers with force to inuade this Realme or any other dominions being vnder her obeisance and the same shall maliciously aduisedly and expresly vtter or declare by any printing ciphering or saying this is treason aswell in the principall offender as in their counsellers procurers ayders and comforters knowing the same offence to bee done and committed in any place within this Realme or without And because Castles fortresses and holds are necessary things for the defence of the realme it is ordayned by a Statute made in the fourteenth yeare of the Queenes Maiesties raigne 14. El. cap. that if any either within this realme or else where Conspire to take any of her Maiesties Castles c. do conspire or deuise to take or detayne or to waste or destroy any of her Castles Bulwarkes or fortresses or any part of them hauing any munition or ordenance therein or appointed to be garded for defence of this realme and the same conspiracies or deuises shall aduisedly by any expresse words Withhold any Castle of her Maiesties Ships act or writing vtter or declare for any the malicious or rebellious intents aforesayd this is felony in euery such offender counseller comforter and abbetter knowing thereof and shall loose their cleargy sanctuary And by that Satute it is further ordayned that if any person shall with force maliciously rebelliously withhold from her Maiestie any of her Castles or holds or any of her ships ordenance artillery or other of her munitions or fortifications of war and do not giue vp the same to her Highnesse or to such person as her Maiestie shall appoint to receiue the same to her vse Proclamation within sixe dayes next after such offender shall be in her name commanded so to do by open proclamation vnder the great seale of England Burne to be made within any place or market towne within the County wherein any such offence shall be committed or shall wilfully Ships Hauen Barre maliciously or rebelliously burne or destroy or cause to be burned or destroyed any of her Maiesties ships or shall barre or cause to be barred any hauen within any of her dominions Imbesill Armour Victuals this is treason in euery such offender and in their counsellers and abbetters this act is made