For the Servant commandeth the Master the Subject his Sovereign the Inferior his Superior the Vassal his Lord and the elegible the Elector Whereat so many marvel that it was never more necessary or expedient then it is now to declare how this came to pass you shall therefore understand that there was a time when as the Emperor had power and preheminence over all the Princes of Christendom as well spirituall as temporal and as long as this power and prerogative continued so long the name of the Emperor was honored of all men his Empire was large and ample his Dominions great and excessive and his credit and authority was marvellous and incredible About or not long after this time not God but the Devil raised up a man who seeking the preferment of this world and the advancement of his See endeavoured by all means possible to attain his purpose What doth he What course taketh he What means useth he What habit putshe on He thinketh it not good to use any violence his Forces are too weak his Treasury too smal his Arms are not great and he wanteth a Lyons skin he therefore playeth the Fox accommodateth himself unto the humors of Princes counterfeiteth an extraordinary kind of Holiness and more then a common and usual kind of Zeal Sanctiâ—y and Devotion and entreateth the Emperor to make him Head of all the Churches of the World because as Rome was his Seat that commandeth the World in Secular causes so the Bishop that had his Sea at Rome was worthy to govern and rule all other Bishops in spiritual Affairs The Emperor that then was had killed his Predecessor had usurped his Empire and had need of one to tolerate and excuse his murder and to countenance and allow his Usurpation and therefore taking the Pope to be the fittest man that then lived to further his purpose yeeldeth to his demand But the other Bishops which before that time never acknowledged any Superiour refused to receive and acknowledge him for their Head who was wont to be their Equal and Companion The Bishops contradiction could not make him give over his Suit he praieth entreateth beseecheth and never leaveth to be importunate untill Phocas the Emperor granteth his Request He might have contented himself with this Grant with this favour But as covetous men the more they have the more they desire so this ambitious and proud Prelate studieth presently how to get new Dignities how to purchase new Honors wherein he findeth not only Fortune but the time favourable and friendly unto him For whenas the Empire began to decay having lost France England and Germany the Huns conquered Italy the Vandals became Lords of the greatest part of Africa and the dissolution and loss of the Empire began to be so great that the Emperors were fain to give over all the West Countries and to seaâ— themselves in the East It happened not long after that there fell out a great contention betwixt the Pope and the Emperor touching Images the one commanded them to be pulled down and the other to be raised up and he excommunicated the Emperor for withstanding his commandment And about this time or not very long after the Lumbards began to make great Wars in Italy whose Forces the Pope who was then very weak not being able to resist was forced to flie for Aid to the King of France by whom being defended from the force and violence of his Enemies were it to be revenged of the Emperor of the East or to recompence the good turn and pleasure which the Frenchmen had done him in debasing the pride of the Lumbards or to make the way to encrease his own power and magnificence more ready and easie considering the weakness of the Eastern Emperor whose power began daily to decrease and diminish through the continual and cruel Wars which were between him and the Turk he presumed to declare the King of France which was then Charls the Great for rightful Emperor And so he which at the beginning was poor aud needy feared not to deprive him of the Emperial Diadem unto whom God commanded all humane creatures should be obedient and to chuse the Roman Emperor whose election belonged in former times to the people or the Soldiers of Rome But what were the fruits what the effects of this choyce Forsooth a division of the Empire the which of one was made two a dangerous contention and long Wars the beginning and end whereof was most lamentable For the Empire having continued a long time in the Race of Charls the Great the Princes and Peâ—rs of Italy began to grieve and grudg thereat Insomuch that entring into League and Confederacy together they chose Berengarius Emperor and aided and animated him to make Wars against the lawful Emperor who was then Lewis the Third This Lewis being hated of his own Subjects for his great Pride and Tyranny Othon Duke of Saxony went into Italy with a great Army and there subdued Berengarius and received of the Pope the Emperial Crown for his guerdon and recompence Lewis the right and lawful Emperor being then alive The Pope that then was being Gregory the Fifth and this Othon whom he had made Emperor were both Germans and naturally hated all French men And therefore began to devise with themselves how they might take away all possibility for ever from the French-men to recover the Empire The Pope shewing himself herein wiser then the Emperor inventeth these means He thought it convenient for the better countenance of the Emperor that he should be assisted and alwayes accompanied with certain grave and wise Personages as well for learning as for honour and therefore he ordained that seven Princes of Germany should have full power and authority to chuse the Emperor whereunto the Emperor consented most willingly as well in regard of the hatred which he bore unto France as for that there were like to rise quarrels and debates betwixt the Germans themselves touching the Election What doth the Pope when he hath gained this high point Seeketh he not for something more Thought he that it was sufficient honour for his Pontifical Seat that three of the seven Electors of the Emperor were Bishops and all of them sworn to be obedient unto him in all things Approved he alwayes their Election Beareth he any respect or honour unto them that were chosen by the same Elector He meaneth no such thing For he setteth them at naught seeketh to discredit them and is not ashamed to command them to swear that they shall alwayes defend keep and maintain the goods of the Church and the Popes and also their Dignities their Priviledges their Laws and their Decrees by vertue of which Oath he restraineth their Wills abridgeth their Power and enforceth them to be at his devotion True it is that the Emperors Frederick the third and second and Henry the fourth not vouchsafing to brook their Bravadoes their Threats and their Outrages opposed themselves against
lay and inflict upon him The Pope sendeth two Cardinals into England before whom the King sweareth that the Murther of the Archbishop was undertaken and performed without his consent and privitie And yet because he confessed that in his wrath and anger he had spoken some words that might perhaps embolden the Malefactors to committ the same he could not be Absolved before he promised to give the Cardinals so much readie money as would maintaine 200. soldiers for a year in the Holy land and also that all his Subiects should have libertie to appeale from his Courts unto Rome a great punishment for a small offence For what a trouble and grief was it thinke you unto the Subjects of this Realme to have all causes carried unto Rome where they spent their travel and their money many years before they could be ended and received no indifferent Iudgment because their Contentions were for the most parâ— as you shall heare with Italians who found better favour either for money or for love then our Countrimen which were meer Strangers unto the Judges But these griefs are nothing in respect of those which we endured in the time of Henry the third the which were so grievous that the King together with the Clergie and Nobility complained thereof unto the generall Councell which was held in Pope Innocent the third his time at Lyons They complained first that the Pope not being contented with his Peter-pence did newly exact new contributions of the English Clergy and still intended to extort more and more from them contrary to the ancient Customes and Liberties of England Next that the Patrons of Churches when they fell void could not present fit Clerks unto them as by grant from the Pope they might do but their Churches were collated unto Italians who understood not our Mother tongue and therefore could not instruct their People whose Soules for lack of discipline and good instructions perished Thirdly they complained that the Pope imposed upon their Churches more Pensions then he had formerly promised to take of them and leavied divers taxes within this Realme without the Kings knowledge or consent Fourthly and lastly that Italians succeeded unto Italians in the best Benefices and Ecclesiastical livings of England Of which followed these Inconveniences First there was no Hospitality kept for the releif of the Poor Next the word of God was not preached to the edifying of mens Soules their divine Service was not celebrated to the comfort of mens consciences and lastly churchâ—s were not repaired to the benefit of their next Incumbents It was further shewed that the Clergy of England was enforced to maintain and arme some Ten Souldiers others five and others fifteen to bee sent with sufficient Armor and horses to serve the Pope in what place soever it pleased him Again it was declared that although there was an Ancient priviledg in England that no Legate should come into the Realme unless the King required and allowed him yet they came continually one after another and the later still exceeded the former in troubling and overcharging the Realme Moreover it was proved that besides the Popes Tributes and Subsidies Italians held Benefices in England to the yeerly value of 60 Thousand marks and transported out of the kingdom tâ—e most part of that money to the great impoverishment of our Country Neither were these griefes so lamentable but that it grieved all estates in our Country much more that our best wits for lack of such preferment as was due unto Learning were fain to leave the Universities and to betake themselves unto Mechanical Trades and such Occupations as were not fit for men of their Gifts and capacities whereby our Realme was almost induced unto a very Barbarisme The Ambassadors that made this complaint were men of great dignity mature Judgment and of exceeding great learning But what could they prevaile in a Councell where the Popesâ— Faction was so strong that at the very self same time he deposed the Emperor Frederick and sent away our Ambassadors greatly discontented For he gave them a chargâ— streightly to command all Bishops in England to set their hands and seales to that detestable Charter which King Iohn made to the Pope for a yeâ—rly pension to be paid unto the Sea of Rome unto which commandement all the Bishops more indiscreetly then wisely shewed themselves most obedient But the King protested that although the Bishops had bowed their knees unto Baal yet he would stand stoutly in the defence of the Liberty of his Realme and would never pay any yearly pension unto Rome under the name of a Tribute I might here take occasion to tell you how this Tribute grew but you must remember that I have already touched the same somewhat in all that may be said in the behalf of the Pope and for the maintenance of that Pension it hath been lately confuted in a leamed Treatise called Anti-Sanderus I might also proceed in declaring other inconveniences which our Realme hath endured by our voluntary subjection unto the Pope But these may suffice to commend those our Kings for their wisedome and magnanimitie which cast off that yoke amongst whom there are none that deserve greater commendation then the Queens Majesty that now raigneth and her Noble Father and godly Brother For some of their predecessors indeed permitted not the Pope to overcharge their Subjects but they have discharged them of all kind of Grievances which he was wont to put them unto and have both wisely and boldly excluded him and his Authority which he wrongfully usurped Whereat both his Fatherly reverence and our Romish Sâ—ctaries so much repine that they cry out with open mouth that it is against all Reason all Divinitie and Scriptures that secular Princes should have and arrogate unto themselves any manner of Authority in Ecclesiastical causes This and the Substraction of such Taxes and Impositions as the Sea of Rome was wont to impose upon the Englâ—sh Clergie are the true and only Causes why the Pope thundereth his Interdictions and Menaces against our Gracious Sovereigne and her kingdom although he pretendeth that her dissent and diversitie from his Religion only moveth him to excommunicate her Majesty You have heard sufficient Reasons to justâ—fie the taking away of those duties and services And the same might be warranted by the Examples of many Forreine Examples who upon the like occasion have done the like But I may not handle every matter that is worth the handling in this discourse which already is grown to be far large then I thought it should have been And yet considering the Impudency of our Adversaries in denying all kind of Authority unto Temporall Princes in spiritual Causes and for satisfying you somewhat in that point who especially Charged me to yield you some satisfâ—ction therein I will in few words and by a few Examples fetcht from the holy Scriptures prove unto you that this her Majesties proceeding in Ecclesiasticall Causes is waranted by holy Scriptures
considerable advantage 98 XXIX That there was just occasion given for the intercepting the Spanish money sent into Flanders 105 XXX That the Spaniard is generally supposed to be more powerful then really he is 110 XXXI The nature and condition of the Spanish people 115 XXXII The false commendations given by divers Authors unto Spain 117 XXXIII That the King of Spain 's wars with the Low-Countries have depriv'd him of that benefit which he might have reaped if they had not been so much impoverished 123 XXXIV That it was no point of Policy in the Spanish King not to grant liberty of Conscience to his subjects in Flanders 128 XXXV That it redounded not so much to the Spanish Kings honour as he imagined to enter into a League with the Princes of Italy the Duke of Lorrain and the House of Guise against the Lutheran Princes 136 XXXVI That many Princes have been less to blame for entring into a League with the Turk then the King of Spain for his League with the Guisards 139 XXXVII That Princes oversights are never forgotten after their deaths however their vertues may 142 XXXVIII The likelyhood of the downfal of the Duke of Guise his faction 145 XXXIX That it is but uncertain trusting to the friendship of Rebels 148 XL. The French King vindicated from divers things laid to his charge 151 XLI The King of France his killing of the Duke of Guise justified 160 XLII How the Kings of France have from time to time raised the revenues of that Crown 166 XLIII The commendations of Henry the third of France from divers eminent Authors XLIV To what a vast power and authority the Popes of Rome are advanced from a small beginning with their deceits and cruelties 172 XLV VVhat losses and injuries Princes have sustained by submitting to the Pope's authority 179 XLVI Queen Elizabeth unjustly accused by the English fugitives to the King of Spain for overcharging her subjects with unaccustomed subsidies and taxes 183 XLVII The Spanish King blamed for giving too easie credit to the reports of the English fugitives 189 XLVIII Certain objections against the Queen of Englands putting the Scottish Queen to death answered 191 XLIX VVhether it be allowable for Subjects to take up Arms against or put their Princes to death 202 L Of the proceedings of divers Princes toward those that have fled unto them for succour 208 LI. That Embassadors violating the Laws of Nations or of Arms have oft-times been rigorously dealt with 210 LII That neither the death of the Scottish Queen nor any other occasion could warrant the King of Spain's invading of England 215 LIII That it is no easie matter for the King of Spain to conquer England 218 LIV. The Popes and Emperours machinations against the Lutherans make them so much the stronger 224 LV. The cruelty of Princes to their subjects proveth most commonly prejudicial to themselves 229 LVI Many motives of Rebellion and Discontent among the K. of Spain 's subjects threatning inconveniences to him the like whereof have fallen upon Princes in former ages 238 LVII That many famous and learned men have favoured wrong causes for reward or preferments sake 241 LVIII That the K. of Spain 's best friends may be easily won to for sake him or at least to stand Neutral 243 LIX Several Emperours of the House of Austria set forth according to their true qualities and conditions 249 LX. That there is as just cause to fear France if that Kingdom grow too powerful as Spain it self 257 LXI That the Low-Countries joyned together under one Form of Government would grow very formidable 258 LXII How powerful the Switzers are grown since they have Incanton'd themselves 260 LXIII How expedient a Confederacy with the Low-Countries is in reference to a falling out either with France or Spain 261 In the Supplement I. IOhn de Soto Secretary to Don John de Austria removed and John de Escovedo put into his room p. 2 II. Antonio Perez commanded by the K. of Spain to poison Escovedo 3 III. Several questions discussed concerning Escovedo 's murther and first whether the K. commanding Escovedo to be murthered may not worthily be accounted a murtherer 4 IV. The second question whether Antonio Perez obeying the Kings command be not guilty of Escovedo 's death as well as the King 10 V. The third question whether the King being found a murtherer deserveth not to be deposed or excommunicated better then the K. of France deserved to be deprived of his life for murthering the Duke of Guise 13 VI. The fourth question whither this excommunication and deposition may be warranted by the example of other Prince 14 VII VVhether wilful perjury and breaking of Laws be punishable with deprivation in a Prince and whether subjects may lawfully resist such a Prince 17 VIII That the Nobility of Aragon have from the beginning bound their Kings strictly to the maintaining of their priviledges 22 IX That Subjects may seek remedies against such Princes as will not do them Right and Iustice. 26 X. The K. of Spain 's actions much aggravated in respect of those which the K. of France hath been charged with 27 The Table A ADrianus the Emperour's vast Armies and strength in war p. 74 Albertin Coraza made lord of Padua p. 53 Alexander the Great the pattern of a valiant Prince p. 5 Not superiour to divers of-the Roman Captains p. 232 233 Alexander King of Epirus his opinion concerning Alexander the Great 's victories p. 74 Pope Alexander the third's prastises against Frederick Barbarossa p. 177 Alonzo King of Aragon adopted by Joan Queen of Naples p. 55 Alphinus King of the Scots and Picts openly beheaded p. 214 other examples of the like nature p. 215 Cardinal Allen compared with Richard Shaw and John Petit p. 189 The ambition of the Earl of Anjou 's wife set him on to get the Kingdom of Naples p. 258 Amulius his cruelty to his Brother Numitor and his children p. 89 Anjou quitted by the King of England p. 45 Don Antonio justifieth his Title to Portugal by several arguments p. 60 Anthony Montefeltro made Duke of Urbin by the Emperour Lewis 53 Appius his severity hurtful to the Commonwealth 233 The Arch-bishop of Toledo rebelleth against the King of Aragon p. 16 and is aided by Alonzo K. of Portugal ib. Aristides the pattern of a just Magistrate 5 Armies going far from home meet with many occasions of destruction p. 70 71 Artevild Agricola and Besconius the chief Ring-leaders of the Gantois Rebels 230 231 Astyages seeketh the destruction of his Grand-child Cyrus 87 88 89 Attila the Scourge of God 5 Augustus the pattern of a fortunate King 5 The Duke of Aumale chosen head of the faction of the Guises 159 The House of Austria their Original from Hapsburgh p. 17 Their Greatness Tyrannie and Oppression p. 17 18 The continuance of their Greatness 50 The Author a voluntary Exile in the time of Queen Elizabeth p. 1 His Credit with Great men
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
shall please God to send an end of these Civil Wars The occasions are great And if you remember what hath been said of the Strength of France you will think that the means which the French king may have to be revenged of these wrongs are far greater and so in this respect the Spanish king hath shewed his indiscretion in entring into League with the Guisards Of whose Friendship I pray you let us now consider what hold and good assurance he may have There are divers kindes of assurances to be taken together some content themselves with the faithfull promise of their Allies others require Hostages many demand to have some Holds and Towns of strength in their custody and there be such as never think themselves safe or well assured unless they unarm their confederates But the strongest and best bond is in the opinion of the wisest a firm conjunction and binding of the Allies together by the way of Wedlock Now of all these sorts of Alliances which hath the king of Spain taken Or which of them can he take without shewing himself very indiscreet May he content himself with the faithfull promise of his Allies Will they hold their promise unto him who have violated their faith unto their Liege Lord and Sovereign Hath he taken Hostages of them Will they carefull of other mens lives who have so small care of their own Will they give him any strong holds With what reason can he detain them since both they that give them have no authority or sufficient power to deliver them up into his hands and he is not strong enough to keep and defend them when the hath them Will he unarm them Take their weapons from them and what good can they do him Will he make them assured to be at his devotion by a fast bond and linck of marriage What honour or rather shame shall it be for him to mingle his Blood his Honour and his House with the Infamy Dishonour and Ignominy of Rebels and Traytors But of Traytors some one of them will become a king O poor and unadvised Prince who shall spend his money to honour him who deserveth no honour and of whose faithfull friendship he can have no fast assurance But how shall he become a King By the Forces of Spain O simple and indiscreet King who thinketh to purchase a great and invincible Kingdom from a Stranger when he is not able to recover a poor Country taken from him by his own Subjects But by what means and by what colour shall he become a King By the Example and imitation of Hugh Capet who as you have heard was made King by shewing unto the Pope and the People of France that in choosing a King the man that is present ought to be preferred before him that is absent he that governeth in Person before him that ruleth by a Deputy he that is both carefull and vertuous before him that is careless and vicious But what manner of imitation is this unless you call it an imitation when as a man doth all things quite contrary to his Actions whom he proposeth to himself to follow and imitate For he that was deposed by Hugh Capet governed by his Lieutenant and the present King of France ruleth by his own person he was hated by reason of his great negligence and this King was beloved for his great pains and diligence He was insufficient to Govern and this King hath given many Experiments of his great wit and sufficiency And to be short This Hugh Capet who is proposed as a man worthy to be imitated by the Arch-Traitor that would make himself king of France used as his most principle reason this Argument to shew that Charles Duke of Lorrain and Uncle unto Lewis the fifth deserved not to be chosen king because that in all controversies that fell out in his time betwixt the Empire and the Kingdom of France the said Charles shewed himself more affectionate and friendly unto the Emperor then unto the French King How blinde then are those Guisards who cannot see that when they shall desire the people to make choice of one amongst them to be their King the greater part will hardly yeeld to their motion they will cry out that their King is yet alive that it is not reason to take the crown from his head and to put it upon a Strangers or upon one of his inferiour Vassals that many can witness that in all contentions betwixt France and Spain they have alwayes shewed themselves more favourable unto Spain then unto their own Country And lastly that the Duke of Lorrain because he was a Prince of the Empire had more Reason to favour the Emperor then the Guisards have to befriend the Spanish king whom they should hate and abhorre because he loveth not their Country You have seen the Spanish kings indiscretion in contracting this League Now give me leave to shew you the Leagueâ—s great solly in subscribing thereunto The Causes which moved them to enter into this League were as you understand already very many But it appears not how true or rather how false their pretentions are This must be discovered and then their folly cannot be concealed They lay to their late kings charge that he was an Heretick a Parricide a wicked and impious despiser of God a Tyrant and Hypocrite a perjured Prince and a man given over to all kinde of vice and wickedness They charge him further that he wasted the Revenues of the Crown and that he committed many other follies long since mentioned To all these that their malice falsehood and folly may appear I will answer briefly A full denial of all that they say might serve for mine answer were it not that I seek by reason and truth to confound them that have neither reason nor truth I must therefore run thorow the kings life and to purge him of the crime of Heresie I think it convenient to declare what he did both before and after he was king against those whom the Leaguers term Hereticks Now to omit other matters testifying his great zeal and affection unto the Roman Catholicks before he was king of France I will prove the same by four principal Arguments First it is apparent unto the world that he was one of the chief Authors of the Massacre of Paris which was general through Erance and practised with a great hope utterly to extirpe all the Protestants in France Next it is certain that no Prince living could shew greater hatred stomach or courage against men of a contrary Religion unto himself then he did at the â—iege of Rochel before which he lay until he was fetcht thence into Poland Thirdly it is notorious unto as many as know any thing of his Election unto the Kingdom of Poland that there was nothing that more estranged the Affections of the Electors from him then his great hatred shewed against the Protestants both in the time of the massacre and also at
his kingdoms aswell of that which came unto him by discent as of that which he received from their Election how greatly he was honoured by their choice and how dangerously he had forsaken them they prayed his returne if it might stand with his good liking if it migâ—â— be to his benefit if not they humbly besought him to consider in what danger they stood of Forreine Enemies what troubles hung over their heads by reason of the hatred and quarrels that were betwixt them and the Princes of Walachia Scythia and Muscovia and how needfull and necessary it wâ—s for them not â—o be long without a King whose presence might comfort them whose counsel might advise them whose experience might direct them whose Authoritie might govern them and whose Credit might countenance them They forgot not the Inconveniences that had hapned unto them since his departure nor the difficulty and impossibility to provide for their redress and their owne safetie without his presence for that it is an inviolable Law in Poland that although the States of the Country have decreed Wars against an Enemy yet it can neither be denounced nor prosecuted without the consent and suffrage of their King These necessities being thus expressed they set him down a peremptory day within which to returne with a plaine intimation that if he shall not returne by that day they will proceed unto the Election of an other King beseeching him not to thinke that they will choose another for that they are weary of him or desirous to forsake him there is no such conceit lodged in their hearts no such Cogitation entred into their heads but they and he must consider that Poland is so situated that barbarous Enemies do environ it on every side and that it is the stay of all Christendom and that therefore it behooveth them to be carefull when others are negligent and to watch that others might keep in quiet without danger And lastlie that these premises well and dulie considered such a kingdome cannot be long without an Head without a Captaine without a King He receiveth these Letters and they receiving no such Answer from him as might assure them of his returne unto them by the day appointed proceeded to a new Election And hence his Enemies derive their best Arguments to condemne him of Infideltie and Heresie Of Infidelitie in that he returned not according to his promise and of Heresie in that living there amongst a number of sundry Sects and Sectaries he learned to bear with Heretiques I finde in the Histories of Poland that when the States had agreed upon his Election the Ambassadors which he had sent into Poland about those Affairs were sworne in the name and behalfe of their Master by the Archbishop of Cracovia to maintaine uphold conserve and increase the Ancient Laws Rights Liberties and Immunities of the kingdome of Poland and of the great Dukedome of Lituania The which Oath being thus taken the Palatine of Cracovia being high Marshall of the Kingdom of Poland and the great Captaine of Samogitia being Marshal of the great Dukedome of Lituania presently proclame him King of Poland and Duke of Lituania Here is no promise to abide with them for ever Here is no Oath not to returne againe into France Here is no Bond to tie him to continuall Residence And though he promised to return at his departure yet you shall understand that although he could 〈◊〉 would have return'd yet hee had small occasion to return unto them For first the kingdom of France is farr better then that of Poland Next few Princes have ever left their native Countries unto the Government and administration of a Lieutenant to rule themselves in a Forreign Dominion Then hee found his own kingdom at his return in such broyles and contentions that hee câ—uld not possiâ—ly appease them to return into Poland at his day prefixed And lastly they not admitting his lawfull excuses chose another king before hâ—e refused to come back unto them This last cause is sufficient to excuse his not returning into that kingdom And this is so true that when I was in Italy I remember that it was a fresh news that the Polacks had sent an Ambassador unto the Pope to excuse their suddain choise of their new King and to do such ceremonies unto the Pope as in such cases is required This Ambassador pâ—ssed by Padua where I saw him and hee staied there so long that he spent all the money that was allowed for his Journy to Rome and home again before he went thence The cause of his long stay was the Protestation that was made by the French Ambassador residing then at Rome and requiring the Pope not to accept of the said Ambassador as an Ambassador sent unto him by the lawfull King of Poland because the French King his Master had not resigned his Right and Title unto that Crown And the validity of this exception was so long in debating that intimation being given to the Poland Ambassador not to proceed any further on his Journy towards Rome untill the same question was fully decided he was enforced to continue so long as I have said in Padua to the great hinderance of himself and of all his company Besides as our Kings still carry the Title of Kings of France in remembrance of their Right unto that kingdom so the late King of France caâ—sed himself to be called King of Poland untill his dying day in token that he never had resigned his Interest and claime thereunto This Argument brought against his fidelitie is sufficiently refelled It resteth to refute the exception made against his carriage and Government in Poland This shall need no great Confutation because it appeareth by the aforementioned letters of the Senatoâ—s unto him and the Emperor after his departure that there was no dâ—slâ—ke conceived against him and the earnest entrâ—aty which was made unto him to return testifieth the good opinion hope and confidence which they had to be well and wisely ruled by him Now whereas it is said that he learned to bee favourable unto Hereticks in Poland It may be that he conversed with some of them whilst hee was there because he could not otherwise do their generall Assemblies and meetings requiring his presence and consisting of such Peeres and Nobles as were of diverse Religions But it appeareâ—h by his letters written unto his especiall Friends of that kingdom when he departed thence that he had no great confidence or trust in them that were contrary unto him in Religion For besides the letter that â—e wrote to the Generall States of all the Country he wrote unto certain choice men as unto the Bishop of Cinavia unto the Palatine of Cracovia â—nto the Marshall of Eboronius unto the Vice-Chancellor Wotkins unto the Castellan of Meymcimer his Vice-Chamberlain and unto the Marshâ—l of the Court of Lituania all which were very zealous and earnest Catholicks and the oâ—ely men of whom â—e made any â—eckoning during
the same he and his subjects lived afterwards in great peace and tranquility Had Antonio Peres imitated this Bavilion the Spanish Kings honour had not been blemished as now it is Escovedo's children had not troubled him as they did Peres himself and his posterity had not endured the calamities which he and they suffer and Aragon had not tasted the miseries and inconveniences which fell upon Aragon In handling of the negative I may not altogether excuse Antonio Peres for I know and so must he that his reputation should have suffered less indignity his conscience less troubled and he should undoubtedly have less to answer for hereafter if he had imitated Bavilion but because it is hard in these days to find any Prince like unto the Duke of Britany few Counsellors or Ministers dare adventure to follow the footsteps of Bavilion For they remember that Hydaspes or Harpagus as before being commanded by Astyages to kill Cyrus saved the harmless innocent but his son smarted for his fathers offence and the father could not chuse but smart and sorrow in his sons death They remember that Cambyses his servant spared Croesus when they were commanded to kill him but he lived and his wife was the cause of their death and this remembrance maketh them fear the Princes displeasure and this displeasure putteth them in fear of their lives and this fear causeth them willing to obey and execute their hasty and furious commandments the rather because they see that although Princes somtimes chance to return to favour those persons whom they willed to be destroyed yet they always hate those ministers that would not destroy them at their commandment And Peres knew or might learn that a Princes Judges may command an ordinary or an inferiour Judge to execute his sentence and he upon whom he layeth this command is bound to execute the same although he knoweth that his sentence be unjust and if the ordinary or inferiour Judge shall refuse to obey his commandment the Delegate may inforce him thereunto by excommunication and ecclesiastical censure And this is so true that the Popes Legate who is an ordinary and one of the highest dignities that may be cannot impeach or hinder a sentence given by the Popes Delegate and the Delegate may if it please him both command and compel the Popes Legate to execute his sentence because that in the cause that is so committed unto him he is greater then the Popes Legate And if a Popes Legate may be constrained to obey a Judge Delegate how much more may an inferiour Judge or a common or a mean Ordinary be enforced to yeild him dutiful obedience The reason why this obedience is required because he unto whom the execution of sentence is only committed hath no authority to examine the equity or injustice thereof he must think that all is just that such a judge doth he must look upon the commission and commandment given unto him without making any further enquiry into the matter and he must presume that whatsoever might be said against that sentence hath been already said and duly considered Now if this obedience must be shewed unto a Judge delegate and for no other reason but for that he representeth the Princes person how much more ought a Kings commandment not to be disobeyed although he should will and command any man to hang one of his Subjects without acquainting him with the cause or examining the same cause before his commandment for the pleasure of a Prince is held for a sufficient cause and he hath no superiour who may presume to examine his will or his actions And this is so true that no manner of proof may be admitted against this general and infallible conclusion Again a Judges authority maketh that just which was otherwise unjust for although whatsoever is done by a false Guardian be not lawful especially if it be done to his prejudice that is under years yet if the Civil Magistrate shall ratifie such a Guardians action it shall be of full force Shall not a King from whom such authority is derived have the like power the like prerogative Again every superiours authority and commandment must be obeyed and he that obeyeth not must dye the death and may be lawfully called and chastised as a Rebel Now to apply all that hath been said unto Ant. Peres his case the resolution of the second question may be briefly this if he knew either because the King had acquainted him therewithal or that in conscience he was assured that the King would not command any unjust thing that Escovedo had deserved death he might boldly see him executed Or if it were doubtful unto him whether Escovedo had given the King just occasion to command his death he needed not fear to perform his commandment But if his secret conscience could tell him that the King had not just cause of death against Escovedo then undoubtedly it had been Peres his part not to have obeyed For as the Judge who is bound to judge secundum allegata probata if any thing be falsly proved before him and he not know that it is so shall do better to give over his office then to pronounce sentence against his own Conscience So Antonio Peres although it had been dangerous for him to refuse to obey and execute his Princes command yet if he knew that the same was repugnant to the Word of God which permitteth no man to be slain without just desert he should have done better to obey God then his King For although a King be called God's Minister and his judgements seem to proceed from God's own mouth yet when he doth wrong and breaks God's commandments he is not then God's minister but the divel 's and then he is no Judge no King because he leaveth God and fulfilleth not that charge which the Almighty hath laid upon him and he that obeyeth not his King in such commandments obeyeth God yea the subject against whom the King taketh such unlawful course may defend himself against his violence and oppression Betwixt God therefore and Antonio Peres his Conscience be it whether he proceeded against Escovedo in malice or in justice and if his conscience shall accuse him undoubtedly he shall one day finde that the fear of the Princes displeasure will be no sufficient warrant or lawful excuse and that it had been better for him to have said unto his King God commandeth me one thing and you another he biddeth me not to kill and you command me to murther he threatneth me if I obey not him and you menace me if I disobey you but you threaten me with imprisonment he with hell you with short pain and he with everlasting torment you with death and he with damnation and therefore good King give me leave to lean to him and leave you Now followeth the third question a matter the proof whereof must rest upon the Spanish King's Conscience
Liberties and if you will not keep them you are not our King Here you see Laws broken a King forsworn and subjects authorized to depose such a King or rather a King de facto deposed and not only deprivable if he shall break those Laws And in Antonio Peres his Book you shall see how often and how violently those Laws were broken Now it followeth to shew you briefly whether voluntary perjury and wilful breaking of Laws be punishable with deprivation in a prince and whether subjects may lawfully resist such a Prince These questions if you look upon the rebellion of the Flemmings and the deposition of the Scottish Queen are in some measure lightly resolved but not so fully discussed but that they need a more ample and large declaration Perjury is a most grievous offence but much more grievous when it is voluntarily committed and then a man committeth perjury willingly when he doth any thing willingly against an Oath taken not by force but by free will not unadvisedly but with great consideration not to his hurt but to his advantage not to perform a thing impossible or dishonest but to binde and tye himself to a condition that is both possible and honest For when a man not being forced thereunto by just fear or irresistable necessity breaketh such an Oath there can be no colour or pretence to excuse his perjury it argueth it convinceth him of fraud and deceit and giveth an occasion to think that he regardeth not an oath The seditious Author thought the late French King worthy to be deprived for his offence and yet he hath no such proof of his perjury as may be had against the Spanish King The Civil Laws hold perjured men for infamous persons and the Cannons receive no infamous person fit to execute an office of honour and dignity A perjured man is alwaies repelled from bearing witness in any cause whatsoever because that being convicted to have forsworn himself in one cause it is not only a presumption but a sufficient proof that he will depose falsly in another And this is so true that although he hath amended his life yet he cannot be admitted for a witness be it either in a civil or criminal cause Again a Priest that hath forsworn himself for a Benefice is not only deprived of the Benefice for which he committed perjury but also of all other Benefices that he had before and the Bishop that hath deprived him cannot bestow another Benefice upon him for the collation that the Bishop maketh unto such a man of such a Benefice is void by Law And although a man may say that such a collation made by the Pope is good and valuable in Law yet it may be answered that the Pope making the like collation seems to dispense with the inability of the person and so the collation is not of force of it self but by reason of the Popes dispensation who hath full power to dispense with men in such cases Since ergo perjury is a sin so detestable and odious that it not only excludeth men from preferment and honour but also removeth them from their offices and dignities which are advanced it must needs be granted that the Spanish King who hath violated his Oath made unto his subjects at the time of his Coronation and broken the Laws which he then swore to observe keep inviolable may with more reason and justice be deprived of his Crown and Dignity then the French King who neither was nor could be justly convicted of the like perjury But many things may be said for the Spaniards purgation and especially these First That subjects cannot receive an oath of their Prince without the authority of some Judge and that a promise made before no competent bindeth not any man Next That Princes which are above Law are not bound to the observation of their contracts which have their full force and strength from Law that Princes may change and alter their own Laws at their pleasure Then That although they should be strictly bound to stand to their Contracts yet if they were induced to make a contract touching any thing wherein they were well informed or if the contract do contain things too much derogating or diminishing their jurisdiction or authority Royal or if they have made a promise that may be very prejudicial unto them then in these three cases they may lawfully break and violate their contract And lastly That an oath containing a promise not being grounded upon some other good cause giveth no good action no good bond and obligation and notwithstanding that the bond were good and the oath of force yet Princes who may dispense with others may give a sufficient dispensation to themselves and so revoke their contracts that if their own dispensations shall not be available the Pope may absolve them of their oath and from the due observance thereof or that if the Pope will not absolve them they need not care or seek for his absolution because considering their might their power and their authority there is no Law no Judge that can compel them to keep their oath or to observe their contract To all these observations I answer briefly because I mean but to give light unto others or to my self to answer them more fully hereafter The Law that requireth the authority of a Judge for the validity of a promise speaketh of a transaction and for victuals and sustenance without the Magistrates consent and authority and holdeth the transaction made for victuals for unlawful because the composition was too little and the Law in these cases is favourable and the Magistrate charged to interpose his authority when favourable persons are overmuch prejudiced especially in favourable cases and although Princes be numbâ—ed among favourable persons yet this Law stretcheth not unto Princes who do usually at their Coronation swear to observe the ancient Laws and Liberties of their Kingdoms And this oath is held lawful and lawfully taken as well because general custom hath the ful force and strength of a Law for that the States and Commons of the Country being then present do stand and are taken by general custome for sufficient Judges to give and receive that oath And although it may be said that neither all the States nor all the Commons are or can be present at the taking of such an oath yet the oath shall avail them that are absent as much as though they were present But Princes being above Law are not so bound to the Laws but they change and alter them at their pleasure True unless they be grounded upon the Laws of God and the Laws of Nature The first They may interpret the second they cannot alter or abrogate the first binde them as well as their subjects and so doth the latter The breach of the first maketh them odious unto God and the breach of the latter maketh them hateful unto men In breaking the first they offend their