life and welfare of his Subjects but when the Prince casteth off humanity and the Subjects forget their duty when he mindeth nothing less then the publique wealth and they suffer things whereunto they have not been accustomed when he breaketh Laws and they desire to live under their ancient Laws when he imposeth new Tributes and they think themselves sufficiently charged and grieved with their old when he oppreseth and suppresseth such of the Nobility as favour the common people their ancient Lawes Priviledges and Liberties and they take the wrongs that are done unto their Favourers and Patrons to be done unto themselves and their Posterity Then changeth love into hatred and obedience into contempt then hatred breedeth disdain and disdain ingendereth disloyalty after which follow secret conspiracies unlawful assemblies undutiful consultations open mutinies treacherous practises and manifest rebellions The chief reasons whereof are because the common people are without reason ready to follow evil counsel easie to be displeased prone to conceive dislike not willing to remember the common benefit which they received by a Prince when they see their private Estates impoverished by him or his Officers forgetful of many good turns if they be but once wronged more desirous to revenge an injury then to remember a benefit quickly weary of a Prince be he never so good if he be not pleased to satisfie all their unreasonable demands easily suspecting those who are placed in authority over them commonly affecting time that is past better then the present briefly all liking what the most like all inclining where the greatest part favoureth all furthering what the most attempt and all soon miscarried if the most be once misled This natural disposition of the common people is proved by common experience observed by wise Polititians and confirmed by many examples not of one Realm but of many Nations not of one age but of many seasons not of barbarous people but of civil Realms not of Kingdoms alone but of other manner of Governments briefly not of Subjects living only under Tyrants but also under the best Princes that ever were for there is no Kingdom comparable unto France for antiquity or for greatness for strength or for continual race of good and vertuous Kings for absolute government of Rulers or for dutiful obedience of Subjects for good laws or for just and wise Magistrates and yet France that hath this commendation and these benefits hath many other times besides this and for other occasions besides the causes that now moveth France to rebel revolted from her liege Lords and Soveraigns for proof whereof let us examine and consider the causes and motives of this present Rebellion begun in the late Kings time and continued in this Kings days They that write thereof at large and seem to understand the causes of this revolt more particularly then others affirm that this Rebellion began upon these occasions The Authors and chief Heads thereof saw Justice corruptly administred Offices appertaining unto Justice dearly sold Benefices and Ecclesiastical dignities and livings unworthily collated new Impositions dayly invented and levied the Kings Treasures and Revenues prodigally consumed old Officers unjustly displaced and men of base quality unworthily advanced they saw the late King carried away with vanities governed by a woman entred in League and Amity with their Enemies and fully resolved to follow his pleasure and to leave the administration and government of the whole Kingdom unto their mortal Enemies They saw him careless in the maintainance of their Religion unlikely to have any issue to succeed him not willing to establish any succession of the Crown after him and obstinately minded not to enter into League with them that intended and purposed to uphold and maintain their Catholick Religion Lastly they saw that as long as he lived the King of Navar and his followers could hardly be suppressed and that as soon as he dyed the said King was likely to be his Successor which hapning they considered the desperate estate of their Religion the sure and certain advancement of the Protestants and of their cause and quarrel the utter subversion of all their intents and purposes And lastly the final and lamentable end of the greatness of themselves and of their Families Wherefore to withstand all those mischiefs and inconveniencies and to prevent some of them and to redress and reform others they called a general Assembly of the three Estates implored the help of forreign Princes levied as great Armies as they could possibly gather together propounded means of Reformation to the King and when they found him not willing to yeild to their advise and counsel they combined themselves against the Protestants his pretended and their open enemies seized upon greatest part of the Kings Treasure took possession of his best Holds and Towns of strength removed such Officers as disliked them and in all Affairs that concerned the advancement of their Cause imployed men fit for their humours made for their purpose brought up in their Factions practised in their Quarrels affectioned in their Cause and wholly devoted to their wills and pleasures And because they found themselves unable to encounter with the late King and his Confederates unless they were also assisted by some forrain Princes they sought all ways and means possible to insinuate themselves into the Grace and Favour of strange and mighty Potentates to recommend their Cause and Quarrel unto their protection and to joyn their Domestical power with their forrain Enemies They consider therefore that the Popes Holiness by the heat and vehemency of the hatred which he beareth unto Protestants The King of Spain by the greatness of his Ambition and the Duke of Lorrain by the ancient envy and enmity which hath been and which is betwixt him and the House of Bourbon might easily be perswaded and induced to favour their party and further their Attempts and Enterprises The Duke of Guyse as chief Head and Patron of these Actions sendeth Messengers unto every one of these Princes beseeching them as they had heretofore secretly favoured him and his complices so they would now that matters were grown to ripeness and secret Conspiracies to open resistance vouchsafe him and his Confederates their help and assistance to the utmost of their power In which Suit he findeth happy success and with promise of assured and sufficient aid is animated to proceed with courage and not to omit any manner of cunning and policy to win unto himself as many friends as he might possibly He therefore considering that for the better accomplishment of his designs it was needful and expedient for him to continue at the Court and there to draw unto himself as many partakers as by any means possibly he might obtain repaireth thither with all diligence And knowing that he should undoubtedly fail of his purpose unless he might effectually compass three things of special consequence he laboureth to the utmost of his power to bring them
Realm to poison a private man and yet of late is waxen so rich and plentiful a Kingdom of murtherers as procurers as Maâ—uel Aridrada Xpofero de Moco Rodorigo Marquess Stephano Ibacco and the Count Fuentes as many executioners as Dr Lopas Ferrara Truoca Williams and York and more perswaders as Stanley Holt Frogmorton Ower Gefford Northington Paget Tipping Garret and Naddel all of one mind but of sundry Nations of one desire but of divers conditions of one conspiracy but of contrary vocations to poison a stranger a woman a Virgin a Princess one person having in one body four sundry qualities worthy of justice of pity favour and honour for who doth not justice to a stranger as God's word commandeth pitieth not a woman as man's Law willeth favoureth not a virgin as humanity requireth honoureth not a Princess as God's word man's law and humanity prescribe This only action of barbarous inhumanity requireth a whole and large volumn but I must strive to be short and if you call to mind what hath been said already you shall find matter enough to enlarge and aggravate this inhumanity and therefore briefly to the rest of the objections An oath promissory not being grounded upon a just and good cause bindeth not a man to any performance but can there be a better consideration then the gift of a Kingdom Or a greater forfeiture then the loss of a Crown and Royal Diadem The gift is contained in these words We make you our King and the forfeiture is expressed in these words You shall not be our King unless you keep our Laws The condition is usual and ordinary for the Emperour as soon as he is chosen taketh the like oath when he sweareth to conserve and maintain the liberties jurisdictions rights honours dignities and priviledges of the Electors of the sacred Empire as well Ecclesiastical as Temporal and it seemeth that as the seven Electors in recompence of their good will and curtesie shewed to the Emperour of the world received this bounty of him so the Nobility of Aragon in regard of the favour which they shewed unto their King in making choice of him for their King received the like benefit at his hands and therefore have good occasion to be no less grieved if he chance to break this oath then the Nobility of England should have cause to be sorry if after a number of good and gracious Princes who have alwaies duly kept and observed the ancient Laws and Liberties of our Realm and especially in the trial and arraignment of Noblemen the Almighty should plague them with such a Prince as would not suffer them to be tryed and arraigned according to the old and laudable custome of this noble Kingdom by an honourable Jury of twelve Peers but by a beggarly crew of so many base companions The promise then is good and better for the oath but the oath may be broken and a dispensation will salve the sore of the breach He that offendeth in hope of a pardon is not thought worthy to be pardoned and although it be a greater commendation in a Prince to be prone to shew mercy ready to forgive and willing to pardon offences committed against himself or his Laws yet it is scant tolerable to forgive notorious sins and trespasses against God I find that Princes may dispence with Bastardy restore infamous persons to their good name and fame make their own children legitimate not as their Fathers but as their Princes not as their children but as their subjects free and emancipate bondmen briefly pardon and forgive all crimes committed against their Temporal Laws But the Cannons of which the Spanish King will seem to have more regard then any other Prince of that Religion permit not his Catholique Majesty to dispense with an oath that is a priviledge and prerogative which the Pope hath reserved to the fulness and plenitude of his own part and would not take it in good part that his white son should challenge or assume unto himself any such authority and he as a dutiful and loving childe will be loth to offend so good and loving a father But the father in regard of his long and loyal obedience will absolve him of his oath If his Fatherly love should make him forget himself so much as to dispense at one time not with one but many crimes the son and the father should without all doubt highly offend their heavenly father and voluntarily break the sacred constitutions of their reverend predecessors For the Pope cannot dispence with wilful murther such as was the violent death of Escovedo nor with any thing done against the Laws of Nature such as the breach of this contract should be nor with an oath such as this oath is without calling and citing all the parties that should be interssed and damnified by the violation and breach of this oath But grant that the Pope will dispense with this Oath what would or could all avail when the contract should still remain in full strength and vertue and the Aragonian Nobility might notwithstanding this dispensation urge their King to the performance thereof Truly this absolution should benefit him no more then it should avail a creditor to sue his debtor for one hundred pounds unto whom he owed so much upon account for such a creditor when he hath with long suit and great charge recovered his debt is presently to restore the same back again upon his accompt So the Spanish King when he hath with great difficulty and perhaps with some expences made himself beholding to the Pope for his dispensation must notwithstanding the benefit thereof perform the conditions that was of sufficient strength without the oath and was confirm'd with an oath for no other purpose but that it should be the great burthen unto his Conscience if he should violate his contract But how may the Aragonian Noblemen enforce him to perform and keep his contract By forfeiting his Kingdom by taking away his rents and by putting the Laws whereunto he was sworn into execution But he is too mighty and they too weak to compel him thereunto by main force What remedy shall you then find against him The course is ordinary For every Bishop hath power to compel any man that is sworn to keep and observe his oath which hath alwaies paratum executionem and is so true that the trial of a contract confirmed with an oath depending before a Temporal Magistrate a Bishop or Ecclesiastical Judge may be reason of that oath avocate the same cause unto his hearing and determination And this is the reason why many Doctors are of opinion and especially Baldus that an oath hath the vertue and operation to draw a matter from one Court to another But what Prelate in Spain dareth be so bold as to call his King into his Ecclesiastical Court If the Prelate will not presume to stand in defence of the Laws there is another ordinary way A subject of the Emperour may without
THE TRVE EFFIGIES OF Sr HENRY WOTTON K T EMBASSADOVR IN ORDINARY TO THE MOST SERENE REPVBLIQVE OF VENICE AND LATE PROVOST OF EATON COLLEDG Anno Aetat is Suae 72 THE STATE OF CHRISTENDOM OR A most Exact and Curious Discovery of many Secret Passages and Hidden Mysteries of the Times Written by the Renowned Sr HENRY WOTTON Kt. Ambassadour in Ordinary to the most Serene Republique of VENICE And late Provost of EATON COLLEDG LONDON Printed for HUMPHREY MOSELEY and are to be sold at his Shop at the Prince's Arms in St Paul's Church-yard 1657. To the Judicious Reader THe Author of these Politique and Polite discourses knew the world so well and the world him that not to know Sr Henry Wotton were an ignorance beyond Barbarism in any who have been conversant in the least measure with any transactions of State A Knight he was of choice Intellectuals and noble Extraction who may be said to have King'd it abroad half his age in Embassies by representing the person of his Soveraign Prince in most of the Courts of Christendom amongst the severest and most sagacious sort of Nations for he was thrice sent Ambassadour to the Republique of Venice from the most serene Prince James the first King of Great Britain by whom the Order of Knighthood was conferred upon him Once to the States of the United Provinces Twice to Charls Emanuel Duke of Savoy Once to the United Princes of Upper Germany in the Convention at Heylbrun Lastly He was sent Extraordinary Ambassadour to the Archduke Leopold the Duke of Wittenberg Imperial Cities Strasburgh and Ulm and to the Roman Emperour himself Ferdinand the second And however it may be thought by some that after so many great and noble employments the Provost ship of Eaton was a place not considerable enough for a personage of his merit yet if we consider the sedateness of his temper and spirit he being of a speculative and quiescent disposition it seems to have been rather his own choice then any want of regard in those times to a man so highly deserving of the Commonwealth and consequently it appears that those weighty affairs he manag'd both at home and abroad with so much honour and reputation were rather the effects of his zeal to the service of his King and Country then of any aspiring or ambitious thoughts seeing he forsook the highest places of honour and profit which he merited at the hands of a great King for the more contenting enjoyments of a solitary and studious retirement Had he been never known unto the world until the publishing of his late works called Reliquiae Wottonianae there is in them contained that which may abundantly demonstrate how admirably he was accomplish'd both in the severer and politer Arts. Not to insist upon the many Elogiums deservedly fixt upon his fame by the most learned and judicious persons both Native and Forraign I shall only insert what the most vogu'd Poet of this age hath sung of his skill in Tongues He had so many Languages in store That only Fame can speak of him in more It were but needless therefore to premise any thing concerning these following discourses written by a person of such a known and celebrated worth but only this that by the high quality of his negotiations in soveraign Courts he had the greatest advantage that could be to feel the pulse of Government and make inspections into those Arcana Imperii those mysteries of State which he communicates here to the world in many choice and judicious Observations whereby the discerning Reader may be will acqnainted with the state of Europe and the interest dependencies and power of most Princes together with the occasions and motives of most of the Wars that hapned the last century whereof some came from slight quarrels for he tells you that Charls the Hardy Duke of Burgundy made a war for a Cart-load of Sheep-skins in which he breath'd his last With these Modern observations he intermingles many ancient passages both of Greeks and Romans which may much conduce to rectifie and enrich the understanding of the Reader The Contents of the Several Discourses I. THe Occasion of Sir Henry Wootton 's undertaking this Treatise p. 1. II. His Opinion both in general and particular concerning Princes their means and designs 5 III. That notwithstanding the Invasion of the Turks the Civil Wars among Christian Princes cease not 10 IV. That Princes aiding of Rebels is no new thing but hath been practised in former Ages 13 V. That it was not without just cause that the Flemmings rebelled against the king of Spain 16 VI. The several rebellions of the Frenchmen against their King and the causes thereof 19 VII The practises of Sejanus Pompey Crassus Piso and Curio with a comparison between the Duke of Guise and them and also other great Rebels 23 VIII That the Salique Law of France did not infringe the Title of former Kings of England to that Crown and the Frenchmens Objections concerning the same answered 29 IX That Kings have often dis-inherited their eldest sons and given their Kingdoms either to strangers or to their younger sons 37 X. Reasons why the Kings of England having a right to the Crown of France and having had so good success in former times in demanding of their right do not still continue to presecute their demands and the causes and means of their losing all France 42 45. XI How the Kings of Spain Came to arrive to this height of Power which they enjoy at present from so small a beginning 52 XII That the Kingdoms of Naples and Sicily have been fatal to most Nations of Europe 54 XIII By what means the Spanish King obtained Naples and Navar. 58 XIV The Spanish King 's Title to the Kingdom of Portugal 59 XV. The Authors opinion concerning the claim of the several Competitors to the Crown of Portugal 60 XVI The Spanish King's Title to the Indies 61 XVII The Spanish Kings Title to Milan 62 XVIII The Spanish Kings Title to the Dukedom of Burgundy and how he retaineth all those States which he possesseth 63 XIX VVhat inconveniences Armies have bin subject to going far from home with the causes of Hannibal's ill fortune 69 XX. The manner of the king of Spain's dealing with the Turk 71 XXI The manner of the Spanish King 's proceeding with the French 73 XXII The Spanish King 's proceeding with the Princes of Germany 79 XXIII VV hat account the Spanish king maketh of the Princes Italy 80 XXIV Queen Elizabeth proved to be the most considerable enemy of the Spaniard 82 XXV Divers examples shewing that what God hath decreed cannot be prevented by any foresight of man 87 XXVI Queen Elizabeth justified in her attempts against Spain and Portugal 91 XXVII Several examples in what manner Princes have demeaned themselves toward those that have fled to them for succour 95 XXVIII That Princes have oft broken Leagues with their confederates upon occasion given or upon some
think that the Spaniard desireth not her Kingdoms who sheweth many and manifest signs that he affecteth the Rule and Empire of all the world Why should she not envy and hate him who seeketh to encrease his power to the end he may be the better able to annoy her And how can she be too wary too circumspect too wathful over such a friend if he will needs be taken as a friend who watcheth and snatcheth every little and great secret and coulourable occasion to play her the part of a deadly and a mortal enemy Shall she take him for a friend that seeketh to murther her person to estrange her Subjects to destroy her Realms The first confirmed by the Treasons before mentioned The second proved by the pernitious and detestable Book published by Dr Allen wherein he exhorteth teacheth and licenseth her Subjects to rebel against her and had for his labour a Cardinalship procured by the Spaniard The last lately verified and manifested by the hostile attempt and violence of his invincible Navy gathered together in seven years space compounded of all Nations and reported to have conquered before it came to the place where it meant to conquer and yet by our Might and the Almighties assistance happily and speedily conquered It is truly written or wisely fained That Hercules a man exceeding common mens stature a man blessed with more then ordinary good fortune a man of rare vertues and of admirable force and strength went up and down the world walking with a mighty Club in his hand and wandring from place to place only to subdue and chastise Tyrants and this true History or wise Fiction tendeth to no other purpose is reported for no other cause but to signifie that oppression is hateful and oppressors hated that affliction craveth compassion and afflicted persons are worthy of mercy and that to subvert the one is laudable and to succour the other is lawful Then if as Cornelius Tacitus saith other men direct their counsels to things that they think may and will be profitable unto them but Princes are and must be of another condition because all their actions must tend to the affectation and purchasing of Fame and Renown The Prince that succoureth the oppressed and seeketh to supplant the oppressor worketh a deed of Charity an action of Piety a work of commendation and in working thereof bendeth his counsels and directeth his actions unto the attaining of true honour and everlasting fame Then if as Polibus saith he that hath not compassion of other mens harms must not hope that any man shall have pity of his miseries Princes because there is quaedam rerum vicâ—ssitudo and fortune was never at all times favourable although they be in the highest degree of felicity must not presume too much on their own good fortune nor condemn those that are in miseries lest that if they chance to fall no man will vouchsafe to help them up again Then if as Thucidides saith he is not only a Tyrant that enforceth his Subjects to live in bondage and servitude but he also that may withstand another mans violence and do not withstand the same Princes which see their neighbours violently oppressed and as idle lookers on yeild them no manner of reliefe and succour when they may conveniently help them and in danger to be esteemed and reputed Tyrants Then if as Zenophon saith it be not lawful to break faith with him that falcifieth his word and promise Princes that withhold not their helping hands from the oppressed because they have been and are in League with the Oppressor who hath violated his faith unto them and unto others are not to be condemned of wrong and iniquity Then if as Iosephus saith patience and long suffering of an injury maketh the wrong-doer most commonly ashamed of his actions the Prince that cannot be intreated to leave off his wrong doing may well be ashamed thereof Then if as Bartholomeus Facius saith women-kind the weaker and more fearful it is the readier it is to beleive any credible report her Majesty is not to be blamed for crediting the just complaints of the oppressed States unto which the late King of France did as you have heard give open ear and would as it is credibly reported have vouchsafed sufficient relief had he not been letted by domestical dissentions and wars nourished and maintained of purpose by the Spaniard because he should not be able to yeild them relief and succor Then though it belong unto private men to conserve and retain their own and unto Princes to contend and strive for other mens Goods as ambitious minds do affirm and desire yet must they remember that the desire of Rule passeth all other affections yet must they not forget that some things resembling vertues are scant commendable but rather hateful and odious as too too great and obstinate severity and a mind nothing flexible or relenting at the sight at the remembrance of another mans misery Then though Princes be of power to begin Wars and to oppress their Subjects yet ought they to consider that it is not always expedient to do all that a man may or can do that a wise man must first try all other means then use the tryal of Armes that as it is commendable to be valiant against the enemy so it is praise-worthy to use clemency and gentleness towards them that are meek and penitent that they which offend by force and not of purpose by constraint and not of free-will and use Armes for their liberty and not oâ— malice deserve pardon and not hard dealing favour and not cruelty life and liberty and not death and servitude Then to be short if every one of these reasons shall not be available unto the Queen of England and the oppressed Flemmings yet let all avail her and them so shall she and they be justified and the Spainiard condemned so shall their and her actions be approved and his doings be reprehended so shall no man have just occasion to envie their and her prosperity and all Princes good cause to fear and suspect his over-growing authority so briefly shall it appear that the Spaniards unkind dealing deserveth no kindness of her Majesty and that although she hath hitherto spared him yet she hath no occasion to favour â—im And now I will make it appear that not withstanding his many Kingdomes and great power it lay in her power long sithence to have overthrown him For if it had pleased her Highness to have sent greater strength in Flanders then she did and of late years to have aided the United Provinces with huger Armies then she ever sent thither those Countries which are now partly in hâ—s possession and partly freed from his bondage had all before this time rejected him for their Lord and not any of them ever returned to his Subjection But the fear which she had of him and his power at home the supplies which she sent into France and the upholding of her friends in
and afterwards secretly caused his near kinsman Lucius Caesar to be murthered because he had both the mind and the meanes to withstand and prevent his intentions and Henry the 4 should have had good occasion to repent him of the clemency and mercy which he shewed unto the before named Dukes if the Eâ—rle of Rutland had not been constrained by his own folly to reveale unto the King their Treason and Conspiracy against him for which afterwards they were worthily executed Pitty therefore is commendable and best beseeming the Majesty of a Prince when as the same may be used without any danger unto his person or his State or his kingdom but when as he seeth manifestly that never a Province never a City never an house of his kingdom can or will long continue in good estate in dutifull obedience in naturall affection towards him and his Crown unles he do somâ—â—imes use to play the King to revenge wrongs and to punish Treasons hee must needs change his naâ—ure make a verâ—ue oâ— necesâ—iâ—ie and accommodate himself unto their manners and their merits with whom he hath occasion to deale France nâ—vâ—r had any King that was more gentle kinde and curteous then that Lewis who for his Curtesie and Clemency was â—irnamed The Meek And yet the same Lewis as you have already heard forgot that name and the qualities and conditions incident thereunto when it was in question whether he or his Nephew Bernard should rule and Reigne For then knowing that a Prince cannot live in any good assurance of his Estate and kingdom so long as another pretendeth Right and Title thereunto and having wrongfully been kept from the possession thereof he pluckt out his Eyes kept him in perpetuall prison and in thâ— end caused his head to be cut from his shoulders Who can then blame the late Kâ—ng of France if he chose rather to rule then to be ruled to kill then to be killed to murder the Duke of Guise then to endanger his whole Estate and Kingdom The Prince that 〈◊〉 not an Iniury that is done unto his Commonaltie or to a private person is in danger somtimes to lose his life or his kingdom â—as were the Romans and Philip King of Macedania he because he punished not Aâ—tilas at the request of Pau sanias and they because they sent not the French men those which in the battaile betwixt them and the Citizens of Chynsie forgeting the dutie of Ambassadors were found in the foremâ—st ranke of their Enemies fighting against the French men And is it necessary that a King shall punish or revenge a wrong done unto his Country or unto â— private man and shall it not be lawfull for him to take vengeance of the wrongs and Indignities which are done unto himself May he command a Juâ—g to proceed Defacto without taking full knowledg of the cause and every circumstance of the Subjects cause and shall it not be lawfull for him to use the like power and authoritie in his owne case The least and meanest Judg may he not sometimes give judgment hearing no other proof but very violent presumptions and shâ—ll it not be lawfull for the King from whom he same Judg receiveth such power and authoritie to do the like We say and confess that Theâ—e is manifest when the Theif is taken in the Fact and shall it not be lawfull for a Prince to take that Treason for notorious which the Traytâ—r hath Committed If a man finde a stolle â— thing about a Theef he is in danger of death and if a man finde a Traytor armed and all things else in a readiness to performe and execute his treacherous Attempts shall he not be reputed a Traytor The Law sayeth that whatsoever a King doth it seemeth to be done with great reason If he commeâ—deth any thing every one is bound to beleeve that he hath good occasion to commend the same His Actions are manifest but his thoughts are hidden and secret it is our dutie to tolerate the one and not to murmur against the other nor to enquire or demand the Causes Motives and Reasons of his Commandements his pleasure must be unto us as a Law and his Will hath the full force and strength of reason and when the cause of that punishment which it pleaseth him to inflict is notorious and manifest his Commandment although it be done in hast and without great advisement yet it carryeth no less force and moment then doth a sentence that was dulie examined wisely perused diligently considered and solemnly pronounced Why then shall the death of the Duke of Guise be thought unlawfull since the King commanded the same not for hatred to the Duke but for securitie of himself for love of the weal publique not without 〈◊〉 Justice but according to Law and Equitie because a Princes pleasure is held for Law not without example but with approbation and imitation of many who having had the like occasion have used the like punishment briefly not to revenge his particular quarrels and Jnjuryes but to preserve his Right and his Crowne upon which the wealth the life and the wellfare of all his good and loyall Subjâ—cts do depend He was Allied unto many great Princes which are displeased with his death and will not leave it unrevenged But if these Princes were the Kings friends before the Dukes death they will not take the same in evill part and if they were his Enemies he needs not to care for them or to feare their displeasure more then the universal ruine and destruction of his Subjects He was one of the Peers of France But honor may not be a Priviledg unâ—o any man to emboldeâ— him to offend the Laws but the more honor a Subject receiveth from his King the more he is bound to love and fâ—are him But grant that the King did evill in causing him to be murtherâ—d shall the Subjects be grieved therewith shall they seek Revenge thereof shall they bear Arms therefore against their Prince and their Country May the son arme himself to kill and murther his Mother And is he not held for an ungracious and wicked child which will be revenged of his Father although he have done him great wroâ—g And is not a King the Father of his Subjects and is not every Country the Mother of the naturall Inhabitants thereof Or may they war against their Prince wihout seeking the lamentable overthrow Ruine and destruction of their Country Are all alterations dangerous in every well governed State and can that alteration be without danger which transferreth the Crowne from the right heire unto an Usurper from the lawfull King to an ambitious Subjâ—ct But it is onely said and no way proved that the Duke of Guise had any such intâ—nâ—ion as to deprive his Sovereigne and to crown himself it may be suspected but it is not notorious This must appeare more manifestly then it doth or else all that is said will be to no purpose To manifest this therefore
for considering we finde many Texts in the Holy Scripture whereby we are commanded to obey Princes to be subject unto them to honour them to pray for them since they are called Fathers and we Children they Shepherds and we their Flocks they Heads and we their Feet it is an hard Resolution and in my opinion an heavy sentence that Children should disobey their Parents a Flock to Rebel against their Shepherd or the Feet to presume to command and direct the Head This question notwithstanding that it is dangerous and difficult is largly discussed by George Buchanan in his Book de Iure Regni apud Scotes and also by him who was ashamed to put his name unto the Book that was lately written against the French king In these two authors you shall finde every point of this third Objection sufficiently debated You shall finde the Text alledged out of St. Paul in the behalf of Princes and other places of the Scripture learnedly answered You shall finde many examples of profane and Ecclesiastical Histories of Princes that have been done to death Briefly you shall finde more to move others perhaps then there is to move me to subscribe to their opinion For Buchanan argueth in such manner as I may rather commend his subtilty then his conscience And he that writeth against the French king sheweth himself too partial too malicious too injurious to Princes And Buchanan giveth too great Authority unto Subjects and the other too much power unto the Pope It cannot be denied that Princes received their first Authority from the consent of the people It is likewise certain that this Authority was given them to be used to the benefit of the people And no man will deny that Countries can subsist and stand without kings But shall every man that receiveth a benefit of another be alwayes subject unto him that once pleasured him Shall either a rude multitude or a few contentious Rebels judge when a King useth his Authority to the benefit of the people And because Countries have flourished and may still flourish without a king shall therefore every Country reject their king when they dislike their king It â—eemeth that Buchanan is of this opinion because he approveth the death of king Iames the third and alloweth the approbation that was made thereof by some of the people and Nobility of Scotland who were the principal Actors in the Rebellion against the same king and the chief Authors of his death The causes which moved those Rebels to bear Arms against their King were but two The one that he had made certain base money and called it not in again at their pleasure The other that he had advanced certain base Personages unto high places of great credit and dignity if these two faults might be amended the Rebels offered to submit themselves to their King The King yeelded not unto these motions Why The History giveth a good reason for the King They made these demands being in Arms. It seemeth that they would not entreat but inforce their King and the King thought it convenient to chastise their insolency and boldness who presumed to War against him at home when he and his Kingdom stood in manifest danger of foreign Enemies There was amongst them namely the Duke of Albania who affected the kingdom who to further his Traiterous purposes had joyned with the King of England against his native Country and animated his lewd confederates to continue in their obstinate and unlawful demands They considered not that extream necessity and want compelled their King to use that money and when they had taken these base persons from the King for which they seemed to rebel and had hanged them contrary to all Law and Equity they laid not down their Weapons but followed the poor King and so followed him that at length they flew him And why My Author giveth this reason Because they knew that they had so highly offended him that they feared that if they should have spared him as some better minded then the rest purposed to have done he would have been revenged of them This murther the States of Scotland saith Buchanan allowed and ordained that no man should be called in question or troubled for the same But what States are these Those saith my Author that had born Arms against him and for whose sake he was murthered And they had good cause to decree that no man should be accused of his death But what will some man of Buchanans opinion say unto me Shall Princes do what they list and no man censure them Are they not subject unto the Laws May they not be called to an accompt Shall the people from whence they derive their Authority have no manner of authority over them And hath it not been always held very dangerous in a State to have any man so mighty that no man may or dare controle him Truly I allow not that liberty unto Princes that their pleasure shall stand always for a Law I limit their Wills unto Reason I tie their commandments unto the Word of God I fasten their Decrees unto the Laws of Nature unto Equity and unto the Weal of the people And if these things be not regarded I take their Laws to be unlawful their Commandmenâ—s unjust their Decrees â—â—ique I know that good Princes are so far from nor subjecting themselves unto their Laws that they suffer themselves and their causes to be tried daily by their Laws And if any of them by negligence or wilfulness by folly or ignorance by malice or forgetfulness begin to contemn their Laws I think it convenient that they should be modestly rebuked but not utterly rejected be in a mannerly sort checked but not violently condemned be gently admonished but not straight ways furiously and turbulently punished Is there no way but down with them depose them kill them Must we cry against the Lords annointed with the Jews as they did against Christ Crucifige Crucifige and not rather learn by the Jews that the common people is no competent Judge to determine matters of great weight and consequence I am not such a stranger in the course of Histories but that I know that some Princes have been deposed for their insufficiency as in France Theodorick and Chilperick others for their negligence as again in France Lewis sirnamed Do nothing some for poysoning the next Heir of the Crown as Martina Empress of Constantinople others for perjury and not keeping promise with their Enemies as Iustinian the Son of Constantine the Fourth some for not tendring the Weal and publick Welfare of their Subjects as Richard King of England others for murthering them which reprehended their vices as Boleslaus King of Polonia some for usurping things not belonging unto their Crown as Sumberlanus King of Bohemia others for their extream rigor and cruelty as Sigismond King of Hungary some for their childrens Adultery as Tarquine King of Rome others for Tyranny as Archilaus Son to Herod some for unreasonable
servile State wherein the Nobility is either too timerous or so besotted with the love unto a bad King that they will not be moved upon the just complaints of the poor and distressed Commonalty to enforce him to call a Parliament and in this kind of violence I require discretion and judgement in the Confederates lest they mar a good Cause with evil handling thereof as did Iulius Caesar who when he had deserved a triumph took so violent a course in demanding the same that his sure was rejected to his endless dishonour and his Countries great detriment Let the Subjects be therefore humble Petitioners unto the Princes to reform such abuses as are notoriously known to be abuses Let them yeeld such measure unto their kings as they would desire for themselves let them when neither their humble suits may prevail nor their gentle connivence or toleration mitigate the wrath or moderate the affections of their Soveraigns humbly beseech the Peers of the Realm to be their Patrons and Protectors of their Innocency Then will he that ruleth Princes and hath their hearts in his hand that can prevent their imaginations and cross their intentions raise up some better disposed then others better minded then the common sort of men are better able then the Commonalty is to judge of wrongs to redress injuries and to repress evil-disposed Princes All Authority is divided into Ecclesiastical and Temporal of the one the Pope of the other the Emperor challengeth superiority and yet both these Heads notwithstanding their preheminence their power and prerogatives have been reduced to Reason when they have swerved from all Reason by those who by Reason were led to challenge Power and Authority over them For both the Colledge of Cardinals and the States of the Empire have claimed and according to their claims have used a certain Right both over the Pope and over the Emperor when the one or the other of them hath been found negligent in their duties and therefore have presumed that the power of the one and the other hath been devolved unto them Even when an inferiour Prelate is negligent the Bishop may assume into his hands all his Jurisdiction and Authority or when the Bishop is careless in performance of his duty either the Dean and Chapter or the Arch-bishop may lawfully rebuke his negligence and reform whatsoever he vouchsafed not to amend so although the Pope challengeth to be by many degrees higher then all the Princes of Christendom yet divers Cardinals in the time of Pope Iulius the second considering that the Church had need of Reformation as well in the Head as others Member thereof implored the aid of the Emperor and of the King of France and with assurance of their help and assistance caused certain peremptory citations to be set up in Modena Bolognia and other Cities of Italy by which they cited the said Pope to appear at a general Councel to be heâ—d at Pisa and to answer to such Articles as should be layed in against him touching his Simony negligence and other abuses not specified in the said Citations In regard of which faults and of his Negligence they affirmed that the Pope was not sufficient and fit to govern the Universal Church of Christendom and that the Power and Authority to call and summon a general Councel was lawfully devolved unto them So although our Kings as I have said are the greatest and most absolute Kings of the world next unto the Kings of France yet the Barons after the battel of Lewis in the time of Henry the third ordained that two Earls and a Bishop elected by the Commonalty should chose to them nine other persons whereof three should alwayes remain about the King and by the whole twelve both the Court and the Realm should be governed So in the fourth year of the Reign of Edward the second the Prelates Earls and Barons made Ordinances for the State and Government of the Realm which because the King would neither confirm not allow were confirmed by sentence of Excommunication against all them that should go to break the same So the Scotchmen in the time of Iohn their King being moved thereunto by his negligence chose twelve Peers and four Bishops four Earls and four Barons by whose advice and counsel the King should Govern the Realm So to be short although as Bodin reporteth when a certain Advocate pleading a cause in France said that the Kings of France had received their Power and Authority from the Common-people the Kings Atturney stepped up and requested the Court that those things might be razed out of his Plea shewing that the Kings thereof never received any Power or Authority from the common people and required that both that Advocate and all others might be commanded as he and they were never to use the like words in their pleas yet before and since that time divers Kings of France have been censured by the three Estates of their Realm as it may appear by the examples of those Kings which were as I have said deposed in France Thus it appeareth that if Princes offend they may be chastened according to the nature and quality of their offences and it cannot justly or truly be said that that is against a Law or without Law which is done by an high Court of Parliament from whence all or most Laws have their beginning their foundation their strength Neither can this manner of correction embolden Subjects to conspire against the life of their Soveraign For either the Majesty of their Prince or the remembrance of their duâ—y towards him or the fear of punishment or the danger that followeth Rebellions or the hope of Reformation by imploying the aid of the Peers and Nobility will alwayes restrain their insolency and keep them within the bounds and limits of true obedience But when Subjects are disposed to be rid of their Kings they may say the Favourers of the Scotish Queen implore the aid of Forreign Princes to suppress them Whereunto I answer that if their cause be just and good I grant it to be lawfull so to do But if it shall proceed of Malice and not of Justice of their desire and not of their Princes desert of a rash and foolish dislike and not of manifest Tyranny or evil Government there will be no Prince so ill advised as to hear them much less to succour them for he that should hearâ—en to such light complaints and in regard of them molest another King would undoubtedly by Gods good and just punishment in time be troubled with the like Subjects himself Now whereas it is said that a Prince coming upon what occasion soever into another Princes Country cannot be put to death without the breach of Humanity and Hospitality Hereunto I answer briefly that if such a Prince shall so much forget himself as although he be detained for never so unjust a cause to attempt and conspire by himself or others his death that detaineth him truly neither
living a long time as a banished man in Brittany with the Duke thereof could never be sent into his Country unto Edward the fourth or Richard the third although both of them knowing that that they could not Reign in security so long as he lived had requested him very earnestly of the Duke And the last of them ruled still in great fear but in Peace and Quietness untill that Isabella wife of Edward the fourth and Margaret the said Henries Mother by the help of a Physitian came to conferre together and in the end they concluded of this agreement that they would cause her Son the said Henry to return into England and to possess the Crown thereof with the help of his aid and their friends if he would take to wife the daughter of Edward the fourth Henry being certified hereof and also given to undeastand that Richard Thomas a man trained up in arms all the dayes of his life and Sir Iohn Savage would adventure their lives for him and that the Lord Bray had provided great sums of money to pay his Souldiers withal easily obtained of the king of France a small Army of 2000 men with which arriving in Wales and joyning with the Forces of the said Thomas he went towards London and upon his way daily received greater strength even of the Souldiers of king Richard his Enemy who by reason of the great cruelty and â—yranny which he used was forsaken of his own Friends and his Souldiers detesting his proud and cruel Government fought so in his behalf that they seemed more desirous he should lose then win the Field which fell out according to their desire By these Examples and others like unto these you may perceive that never any man had any good success against England who had not both a just cause to invade the same and a strong faction within the Realm And by that which hath been spoken you may understand that the Spaniard wanteth both the one and the other Here might I conveniently if I had not sufficiently declared the strength of England to make the difficulty and impossibility of the Spaniards purpose more apparent enter into a large discourse of the Forces thereof but let that suffice that hath been spoken And yet I may not forget to let you and as many as doubt of our strength understand that we have been and I know not why we should not still be so strong and fortunate that when the French were so many in the Field against us that they thought the very Boyes and Lacques in their Camp were able to subdue our Army and when the Scots thinking that because our king was in France with fourscore thousand English we had none but Priests and women left at home to encounter with them entred with main force into our Country and with assured hope and confidence to conquer the same we neither fearing the multitudes of the French nor being danted or terrified with the Scots suddain and advantagious Invasion subdued both Nations and took both their kings prisoners in the Field But our Englishmen cannot live with a little Bread and a Cup of Wine as the Spaniards can do they are not accustomed to endure cold to lie abroad in the Field to stand up to the knees in dirt and water to watch nights and dayes and briefly to take other such pains and travels as are incident unto wars To pleasure our Adversaries let us grant this to be so although the the contrary indeed is most true who amongst the bravest Spaniards or the greatest Souldiers in the World would willingly go to the wars if he should alwayes be subject unto these or the like incommodities And yet who would not rather endure and suffer them patiently then live in servitude or thâ—aldom or yeeld unto his mortal Enemies All Histories are full of examples of base and faint-hearted people the which having been compelled to fight for their lives because there was no other way to save or redeem the same have behaved themselves most manfully and have enforced their Enemies to yeeld unto reasonable Conditions of Peace which sometimes would not hearken unto any agreement and have constrained them to become humble Sutors who would not once vouchfaâ—e to hear their humble Petitions and truly extream perils and irresistible necessities have such force and vertue that oftentimes they put both heart and Courage into them which by nature are neither hearty nor couragious Considering therefore that our men shall fight at home and the Spaniard abroad that we will be as valiant to defend our selves as they can be couragious to offend us that when they have soiled us by Sea they must fight afresh with us by Land they being weary and we fresh they weak and we strong they lame and diseased and we whole and in perfect health Briefly they far from home and we at home for our wives for our houses for our children and for our goods Is it not likely that we should fight with greater courage with better success then they Considering again the England is fertile and replenished with all things necessary for mans sustentation That her Majesties Councellors are wise and provident her people rich and full of money her Subjects loving and well affected to her Highness and their Country Can there be any thing wanting that shall be needfull for the maintenance of a convenient Army Considering thirdly that if any want shall fall out their cause being general as the maintenance of the Spaniards Religion is universal and common to all his Confederates is it not to be thought that the Princes Protestants will supply those wants and fight for England as well and as willingly as the Papists will for Spain Considering fourthly that when Charles the fifth a Prince as I have said of greater power and of better experience then the Spanish king warred with the Protestants of Germany not onely the Princes of the Reformed Religion but also the French which hated their Religion aided and assisted them Can it be supposed that England should not finde the like aid and assistance Briefly Considering that the Spaniard cannot land his Army in any place in England where he shall not finde at the least ten thousand men to finde him work until a greater power come what hope can he then have to Land without Resistance to proceed without a Battel to fight without loss and to lose without extream confusion Our Armies therefore being equal to his and our hope more assured then his no wise or Politick man will doubt but that our success is likely to be far better then his and therefore his hope and expectation vain his purpose and intention ridiculous as well in regard of his course taken therein as of his possibility to attain thereunto But it behooveth a king to bridle and correct his Rebellious subjects and it is the part of a Protector of the Catholicks not to permit his own subjects or any other aiding or assisting them in
one terrible and mighty Adversary raise up another who may be in all respects as dangerous and as well to be feared as he For because France lieth neerer unto us then Spaine and Vis unita is alwaies held to be Fortior if France should recover Burgondy and the Low Countries should we not have great and just occasion to fear France For neither may our happy victories against France encourage us not to esteem France since it is no point of wisedom not to fear the least Enemy that may be nor the late benefits pleasures and Offices of kindness shewed by us unto the late Kings thereof can assure as that France will never endammage us I have already shewed the causes of our fortunate success against France and if those causes should once begin to fail us the good fortune which proceeded of them would soon leave to follow us and as well Princes as private men receive favours and courtesies readily look upon their Benefactors unwillingly remember good turns slowly and requite received benefits faintly Then because the fresh memory of new courtesies cannot extinguish the grievous and unpleasant remembrance of ancient quarrâ—ls we must as we have said still have a very careful and watchful eye over France and intreat France to be content to joyn with us in placing and preferring some such Prince unto the quiet and assured pâ—ssession of the Low Countries as may be well able with the help of us and France to retain the same and yet unable to hurt us or France Neither must the cross dealings of the late Duke of Alencon discourage us to attempt any such matter for we saw that they whom he had handled somewhat unkindly might easily have been perswaded to have received him again for their Duke And there may a Prince be found that shall be less suspected and more acceptable unto the Flemings then any French-man can be The Duke Ernestus who was lately sent to be their Governour in my simple opinion seâ—meth to be a fit man for that purpose For whereas the Spanish King of late would have bestowed the Infanta his Daughter upon him it may easily be thought now that that hope faileth him because he knoweth now where to find a fitter Husband for her then to match her with him and to give him the Low Countries for her Dowry But common same reporteth that there is an intent and purpose to marry her unto the French King as well because he is now become a Catholick as for that France and Spain have often matched together and the Pope may easily be entreated to dispeâ—se with the French King to take her for his Wife Truly it were hard to permit him to marry so near a Kinswoman as is his now living wives own Neece But grant that the Popes dispeâ—sation may salve this sore that the French King may forget the wrongs and indignities offered unto him by Spain that this were a good and ready way to reconcile these Princes that have lived too long togeâ—her in contention and variance and that of this reconciliation there is likely to follow a great and general benefit unto all Christendom Yet I can hardly think that the Spanish King would ever yeeld his consent unto such a Match And though he would ever yeeld his consent thereunto yet it behoveth all the Princes of Christendom to hinder such a marriage For if his Son should die whose life is in Gods hands should not all the Kingdoms and Dominions of the Spaniard because there is no Law Salick in Spain descend unto his Daughter And would not the desired addition of all those unto the Kingdom of France make the warlike and mighty Prince thereof not onely to think upon but also to attempt the Conquest of all Europe Should he not grow too mighty Should he not be able to Tyrannize over all the world more then the Spaniard doth now And then doth it not greatly import all Christian Princes to withstand this Marriage Besides grant that his son doth live to have many children were it not a very unwisâ— and indiscrect part of the Spanish King to give hâ—s Daughter in marriage unto such a one as what for his old grudge unto Spain what in regard of the Title and Interest that this wife may give him unto the Crown of Spain will undoubtedly be content to take her for wife were it for no other occasion but to have so good just and colourable a cause as her right would give him to challenge invade and conquer Spain For the Prince of Orange by noting the Spanish Kings son of Bastardy in his Apology and by animating the French King to defend his Neece right whensoever God should call her Father to his mercy hath set open such a gap as will give a very easie entrance into the Kingdom of Spain unto the Spanish Daughters ambitious nature or unto his valiant minde if there be any valour in him who shall have her to wife The surest and safest way then for the Spaniard is either to match her lowly as Austiages did his Daughter with some mean Prince who shall not be able to hurt or prejudice his Son or else to bestow her upon the said Duke Ernestus who although he be her neer kinsman and a Prince of no great living yet because it is a matter very usual in the House of Austria to match in their own blood and for that the Spaniard hath Kingdoms and Dominions enough to bestow upon her in marriage neither the propinquity in blood nor the want of living can be an obstacle unto the match But it may be said what shall it avail if she be married to the Duke Ernestus and Flanders be her Dowry Shall it not be all one Will he not be at the devotion of his Father in-law And will it not be a means to make the Emperor more fast and assured unto Spain and to carry the less love and affection unto us and our Friends But I suppose the Empire shall be transferred unto some other Prince and although it shall remain still in the House of Austria yet I know he that shall be or is Emperor can have no great means to annoy us Besides we may finde many wayes to set a variance and separaâ—ion betwixt the Father and the Son and when God shall have wrought his will and pleasure upon the Father betwixt the Brother and the Sister Were there ever more hot and bloody wars betwixt us and France then when the French Kings Sister was married unto our King Or when our Kings Daughters have matched with France Did not these marriages breed and bring forth the chiefest causes of our most deadly contentions And did not our and their profit and gain make us forget blood affinity and Alliance But if it shall seem dangerous to hazard our safety upon so weak an hope it shall not be amiss to use all policy to procure such a match and to cause her Dowry to be either the Kingdom
late French King and still continue their open Revolt and unlawful disobedience against his right Heir and lawful Successor Neither can any man deny that all they that took part with Lewis surnamed the Meek against Bernard King of Italy were also most famous and disloyal Traytors For Lewes being younger Brother unto Pipin who dyed before his Father Charlemain and left Bernard King of Italy his sole Heir had no right to the Crown of France so long as the said Bernard his eldest Brothers Son lived for that as well in the Succession of Crowns and Kingdoms as of private mens Lands and Inheritances the eldest Brothers Son and Heir is always to be preferred before his Uncle And for as much as Lewis having taken his Nephew Bernard in the field Prisoner did not only detain him and his chief Councellors in hard Prison but also in the end put him to an unlawful and unnatural death Those Subjects who followed and assisted him in those his unkind and unjust actions because it is a most wicked deed to participate with the wicked in their wickedness must needs be accounted as wicked as the present Subjects of France who consented unto the cruel Massacre of their late King Again all those French Subjects who bore Arms against Edward the Third in the behalf of Philip de Valoys were in as high degree of Rebellion as these latter Rebels And so likewise were those who stood with Charls the seventh against Henry the fifth and sixth of England For the only reason and cause which they alledged to debar these English Kings from the Succession as lawful Heirs to the Crown of France was the Law Salique which as they then pretended excluded not only women but also other Heirs males descending from the woman from the Inheritance of the Crown Which Law was no sufficient bar because it was undoubtedly a local Law made in Salem a Town about the River of Rhine in Germany at what time the French Kings were both Kings of France and Emperours of Germany and therefore as all other local Laws are was tyed to the Inheritance of that Town only and could not stretch her Forces to forrain Countries or to the succession of Kingdoms no more then the Law of Gavelkind being peculiar not to all but to some part of Kent is of full strength and full force in other places of England Besides it is confirmed that there was never any such Law in France by the Testimony of the Duke of Burgundy who when as Philip surnamed the Long was created King never left to cry out against his Creation and to profess openly That the Kingdom belonged of right unto Ioan Daughter unto Hutine sometimes King of France before that Philip stoppen his mouth with the gift of the Country of Burgundy in Dower with his eldest Daughter I could stand longer upon the proof that there was never any Salick Law in France were it not that Du Haillan a French Chronicler in the first Volumn of his History easeth me of that pain and cleareth that point so plainly that he being a Frenchman and refuting a Law suggested not only to be a Law but also one of the chief Pillars and Maintainers of the ancient Dignity of the Crown of France cannot be thought to write thereof either partially or untruly But although I let pass Ed. 3. his Title as the less valuable because it was impugned and weakned by the only Allegation of that Law yet I must enlarge somewhat more Henry the fifth his Right because the same in my simple conceit and opinion was far stronger then Edward the Thirds For Henry the fifth considering that because his Predecessors did always from the time of Edward the third lay continual claim unto the Crown of France and that therefore the Kings or rather Usurpers thereof had do right nor just title thereunto because they not having bonam fidem a point requisite in Prescription by reason that they knew the right to be in Kings of England rather then in themselves could not lawfully prescribe a right unto the said Crown demanded the same by force of Arms of Charls the sixth and drave him to such extremities that he being able no longer to make resistance against his invincible Forces was glad to capitulate and agree upon conditions of Peace with him The principal Articles of which Peace were That the said Charls the sixth should during his life continue King That he should dis-inherit his Son and Heir who was afterwards Charles the seventh That the King of England should take to Wife Isabel Daughter unto the French King and in regard of that Marriage he proclaimed Regent of that Kingdom during Charles his Father in laws life because he was sometimes Lunatique and Heir apparent to the Crown after his death And lastly that the Nobility and Peers of France should not only consent thereunto but also take a solemn Oath which was accordingly performed and executed to maintain every point of those Articles and uphold and assist Henry the fifth and his lawful Heirs and Successors against Charles Son unto the French King the rather because his Father had for very good and just occasions him moving thereunto dis-inherited the said Charles and by the last Will and Testament made when he was in perfect sence and memory ordained and constituted the said Henry his sole and lawful Heir of the Crown But the Frenchmen have their Objections to all that is said the which I cannot lightly pass over because I know you are desirous to hear their Exceptions and also what may be replied in Answer to their Allegations But I may not dwell long upon every particular Point because my leisure will not serve me and it is not pertinent to my first purpose They say first That their Kingdom goeth not by Dissent and Inheritance from the Father to the Son but by succession which is grounded not upon Law but upon a Custom by vertue whereof the next of the Blood Royal be he of the farthest degree that may be of Kindred succeedeth not as a lawful Heir but as a Successor by Custom not newly invented but of long continuance even from the time of the first King Pharamond Which objection I mean briefly to Answer before I will proceed to any others Guicciardine who wrote an Universal History of all things that hapned in his time not only in Italy but also in all other places of Europe although he was a very perfect and learned Lawyer yet when he had occasion to touch any Point of Law he handled not the same Lawyer-like but passed it over lightly setting down his opinion of the Case in as few words as he could possibly because if he had done otherwise he knew that he should not observe the Laws and Bounds whereunto Histographers are tyed and bound In like manner although these Questions are meerly civil and ought to be handled by me as a Civilian yet because I purpose
to write you an historical discourse I wil touch them lightly for that I speak of them obiter and by digression and I hold it sufficient to refute the Objections that may be made in this Cause not by Law but by the Histories of France For albeit Iohn Bodine a Frenchman and notably well seen and read in Histories discoursing in his Book de Methodo Historie at large what Rules are to be observed in judging a right of an Historographer and what credit may be given to an History setteth it down in an opinion not controlable That in matters touching France or England you ought not to credit a French or English History but rather a stranger writing thereof with more indifferency and less partiality yet as in Causes which cannot be well decided or perfectly known but by Domestical witnesses their Testimony is to be preferred before all others So in matters of State which cannot be so well known unto Forrainers as unto men born and bred within the same State better credit ought to be given unto these then unto them You shall therefore hear this first Objection refuted by their own Writers and especially by Du Haillan who in my opinion is the best Historographer that writeth of France who refuteth this Objection by reckoning up a bed-roll of Kings who did not succeed one another but were chosen one after another Pharamond saith he in his third Book was the first chosen King of France After whom Daniel surnamed Childerick was chosen Pipin likewise was chosen and after him Charles and Charlâ—main his Sons And the Frenchmen despising the Youth of Charles King Lewis his Son who was betwixt nine and ten years of age chose Odâ—n Son to Robert the Saxon for their King And afterwards being discontented with his Government they deprived him of his Kingdom and set up Charles in his place who governing them somewhat looslly was likewise deposed and cast into Prison and in his place Baâ—ul King of Burgundy was instituted and created King of France and there remaineth even at this day a certain form of Election which is made at the consecrating and crowning of the King at Beihins where the Peer of France in the name of the Clergy Nobility and People chuse the King that is present Here you see an Election begun in Pharamond continued in others and observed at this day and yet as many as have been Kings since Capet's time have succeeded to their Kingdoms and claimed the same by Inheritance rather then by custom and you shall see when we come to another of their Objections that neither this Election nor this Custom in succession hath been alwayes duly kept and observed The second Objection against this agreement is That although Contracts do bind Princes as well as Subjects yet such Contracts as are made by men not being sufficient and able to celebrate Contracts as men distracted of their wits Lunatiques and others not being in perfect sense and memory do not bind the Contrahents but are held in Law as matters of no weight force or validity and therefore Charles the Sixth who concluded his Peace with the above-mentioned conditions being both before and after the celebration of the same notoriously reputed and known to be a Lunatique this Contract did neither bind him nor his Successors To this it is easily answered That Contracts made by men disabled by Law to enter into any such compositions are of force by two wayes The one if they with due and requisite solemnities be done by such as by Law are deputed to have the Government of their goods and persons during the time of their weakness and imbecillity The other if they themselves having dilucida intervalla being as Lunatiques many times are in perfect sense and memory to celebrate any manner of Contract the same is of full force and strength and therefore Charles the sixth being as their own Histories report at the time when this Agreement was made in his right wits and memory This contract wanted not the force and vertue which Law requireth especially since the chief Nobility of the Realm were then not only present but consenting thereunto and sworn to the performance thereof The third Objection is That the Kings of France cannot alienate the Demeans Rights Titles and Interests of the Crown without the privity and consent of the three Estates which consent could not possibly be had at this Agreement because a great part of the Peers Nobles and others were then absent and bore Armes with the young Prince Charles or at the leastwâ—se followed him against the King his Father To this I briefly answer That in matters which go by plurality of voices it is not alwayes necessary that all be present but that the greater or better part of them that will and do vouchsafe their presence thereat yield their consents thereunto especially when the others who are absent have been cited and warned to be present and they either willingly or contemptuously will not appear For albeit the thing that concerneth all men must be approved of all men yet when some or all may approve or disallow the things which concerneth them and they will not be present to shew their consent or dislike their absence shall not prejudice the Contract that is celebrated and there is no wrong offered unto them by proceeding in their absence quia volenti non fit injuria In this case therefore those that were away being either voluntarily absent or trayterously minded to their King which appeared in that they followed his Son against him and animated and assisted him in his disobedience and rebellion against his Father could not in any respect prejudice the force and validity of this contract for if they were absent of purpose then there was no injury done unto them and if they were Traytors as undoubtedly they are who either bear Armes against their Prince or assist his Enemies with their counsels then they had lost the right of their consent and voice And so consequently the Contract which was celebrated by the more and better part or by all the Nobility and of the three Estates that were present and true and Loyal Subjects unto their King notwithstanding the others voluntary malicious absence was by Law warrantable especially being confirmed and fortified by the Oath of the King and his Council and Nobility The fourth Objection against this Agreement is That when it was concluded the King of England had almost Conquered all France was there with his power and strength about him and shut up the French King as it were in Prison and utterly disabled him to make any resistance against his invincible Army and conquering Forces And therefore whatsoever he did being done by fear and compulsion was of no better force then a Contract extorted by violence or made in Prison by a private man which when he is set at liberty he is not bound by Law to perform except he list To this
with all utmost extremities But if they do what remedy is there or who can gainsay the Conqueror Courtesie is commendable in all men and especially in Princes who are to extend the same at all times when it is demanded in good manner and by men worthy of mercy and compassion And such was the lamentable estate of Charles the Sixth who had at once many miseries heaped upon him by the heavy wrath of God as namely wars within his Realm rebellion of his own Son against him revolt of his Subjects and distraction of his wits and so it was extream cruelty to adde affliction to the afflicted Indeed mercy is to be extended to persons worthy of commiseration and Lunatiques are by all men to be pitied and in regard hereof the King of England whereas he might have destroyed the whole Realm of France burned the Cities wasted the Countries led away the people in captivity taken their goods to his own use bestowed the Nobilities and Gentlemens Lands upon his own Subjects altered the Lawes of the Countrey changed the Government thereof deprived the most part of them of their lives and seated his own Subjects in their possessions he suffered them to live at liberty to enjoy their ancient possessions to maintain and use their own priviledges to dwell in their wonted habitations and to continue in all respects as free as they were before they were conquered And whereas he might have made the King prisoner carryed him with him into England and to have placed another to govern for him especially he being not in case to rule and govern by himself He was so far from so doing that he suffered him to enjoy the Kingdom whilest he lived and by taking his Daughter to wife transferred not only the French but also the English Crown unto the issue of her body a thing to be greatly desired of that Father whose Son by reason of his disobedience deserved not to succeed him a thing practised by all men that have had the like children a thing far beyond the custom of Frenchmen themselves who in the like cases have not used the like clemency and moderation For over what Enemies had the French-men ever the upper hand whom they used not most cruelly What barbarous cruelty exercised they in Italy and especially at Naples where their Tyranny in Government their extremity in polling their insolency in mis-using the common people was such that in one night they were all slain and in hatred of them and their posterity the wombs of all Neapolitan women that were suspected to be with child by French-men were ripped up and the children pluckt out and likewise murdered with their Mothers What cruelty purposed they to have practised in England at what time Lewis the Dolphin of France was called into England by the Barons who bare Armes against King Iohn Intended they not to have destroyed the most part of the Realm Purposed they not to have killed the very Barons themselves who were their friends and confederates Had they not executed this their purpose if a noble French-man who was in England had not as well in hatred of their intended cruelty as in commiseration of the poor English Nobility revealed upon his death-bed their barbarous intentions To be brief what severity used King Lewis surnamed for his lenity towards others Lewis the M E E K against Bernard his own Nephew and rightful heir to the Crown of France as we have shewed in the second point which we handled whom he not only deprived of his right but also held him a long time in Prison and condemned him to lose his eyes which were accordingly pluckt out of his head and his cheif Counsellours endured the like punishment Of which both he and they complaining not without just occasion were so far from finding such compassion and remedy as they deserved as that a new Edictment was framed both against him and them Now with such Adversaries with men of such cruelty with such as had oftentimes falsified their faith and broken their promises what wise Prince would ever have used greater lenity more mercy or better Justice then the King of England shewed them Especially considering the immortal hatred deadly malice and long emulations competentions quarrels and contentions that have been alwayes betwixt England and France The fifth Objection that they make against this Contract is is That the Kingdom of France cannot be given unto any man by Will or Testament Which priviledge seemeth unto me very strange because I find by report of probable Histories that the Kingdomes of Spain England Aragon Scotland Poland and other Countries have been given away by Will and Testament and therefore if the French-men will challenge an Immunity contrary to the custom of other Countries and repugnant to the Law of all Nations they must shew how they came by such a Priviledge and why they should not follow the customes of other Kingdomes For whosoever will alledge an exemption from the due observance of the Law must make it appear at what time for what occasion and by whom he or his Predecessors obtained the same that the quality of the Giver and the consideration and cause of the Grant being duly examined and discreetly considered the strength and validity of his exemption may be well and perfectly seen I know that there are many degrees of Princes and that some Kings are in some manner subject unto others from whom they receive Lawes and by whom they and their Kingdomes are ruled and directed So hath Scotland been ruled by England so hath Denmark acknowledged the Empire so hath Sicily obeyed Rome so hath the Pope challenged power and authority over the Empire But all Histories agree in this that although of other Kingdomes some be subject to the Pope others unto the Emperour yet the Kingdom of France is and alwayes hath been most absolute neither depending upon the Emperour nor being in any respect subject unto the Pope That the Emperour hath no authority over France was shewed when as Sigismond the Emperour would have made the Earl of Savoy a Duke in Lyons for then the Kings Officers withstood him therein and forced him to his great grief and in a great fury and anger to depart thence and out of all the dominion of France before he could use in that point his Imperial power and authority And that the Pope hath no manner of Authority Prerogative or Preheminence over France it appeareth by the confession of all Canonists who have written and do write of the Popes Prerogatives For albeit they make the Empire and almost all the Kingdoms of the world in some sort subject unto the See of Rome yet they confess the King of France to be so absolute that he acknowledgeth no Superior but God and that there is no other Prince but he unto whom some Pope or other hath not either given or confirmed his Estate and Kingdom It must needs
short time Both ours and the French Histories agree in this Point That either in or immediately after the happy and prosperous Reign of Henry the fifth we flourished and possessed most in France and lost all or most part of all in the time of his Son Henry the sixth The ways how this came to pass were many I have reduced them unto four and twenty the least of every of which was and hath been enough to lose whole Estates and Kingdom not gotten by Conquests which are easily recovered but descending by Inheritance which are hardly lost The first Cause of our loss of whatsoever King Henry the fifth had gotten in France was the death of King Charls the sixth for when he was dead many of the French Nobility which before either for fear of the English puissance or for the love which they bore unto King Charls favoured and furthered our part revolted from us unto the Dolphin his dis-inherited Son and it is usual in Factions the head of one side being dead or suppressed the residue be so weakned or feared that either all or the most part either fly unto their Adversaries or else make their peace with them with as reasonable conditions as they can possibly as was seen by the death of Pompey whose Adherents fled unto Caesar or sought his favour after their principal Ring-leader and Guide was slain The second Cause was the sparkles of sedition and strife which began betwixt us and the Duke of Burgundy our principal Aider and Abettor who was highly discontented with us because that Humphry Duke of Glocester either blinded with ambition or doting with the love of the Lady Iaquet sole Heir unto the County of Holland had married her notwithstanding that her Husband Iohn Duke of Brabant and Brother to the Duke of Burgundy was then living The third Cause was the liberty of Iames King of Scotland who being Ransomed with courtesie and having sworn Loyalty unto the young King Henry the sixth was no sooner in his own Country then he forgot his Oath and allyed himself with the French King The fourth was the Revolt and departure of the Duke of Britany and his Brother from us unto the French King The fifth Cause was the dissention betwixt the Bâ—shop of Winchester and the Duke of Glocester who governed the young King for appeasing whereof the Duke of Bedford Regent of France was called home The sixth the liberty of the Duke of Alancon who being Ransomed in the Regents absence did greatly strengthen the Dolphins power The seventh the death of the Earl of Salisbury and of the worthiest and most fortunate Captain that ever England bred at Orleans After whose decease the English good and prosperous fortune presently began to decline The eighth was the refusal of the Duke of Bedford to suffer Orleans to yeild to the Duke of Burgundy Of which refusal there proceeded two great inconveniencies The one That they of Orleans offering to yeild themselves unto the said Duke because they held it less dishonourable to yeild unto a Frenchman then unto an English Prince although it were to the behalf and use of the King of England and seeing their offer refused grew as many both before and since have done upon the like occasion so wilful obstinate and desperate that we could never get their Town but suffered great losses in laying and continuing our Siege thereat a very long time and indured such shame by departing thence without taking the same that even until this day as I saw of late years my self they yearly celebrate this day as Festival to our great dishonour whereon they compelled us to withdraw thence our overwearied and bootless Forces The other That the Duke of Burgundy thinking by this refusal that we envyed his Honour too much who had rather lose a Town of such strength and importance as Orleans was then to suffer it to yeild unto him although it were as I have said to our own use and advantage began by little and little to remove his affection and unfeigned friendship and furtherance from us The ninth The often conveying of Forces out of England into Holland and in succour of the Duke of Glocester against the Duke of Brabant who as mortal enemies warred one upon the other for the cause above mentioned and also into Bohemia by the Bishop of Winchester for the Pope Martin who intended to make a Conquest of Bohemia The tenth The Dolphins policy who refused divers times to put tryal of his cause to the hazard of a Battel The eleventh The mistrust and jealousie which the Regent had of the Parisians for fear of whose wavering and unconstant minds a fault whereto they have always been greatly subject the said Regent left divers times very good and advantagious occasions to fight with the Dolphin and return to Paris The twelfth The variance and strife betwixt the Duke of Bedford then Regent and the Cardinal of Winchester proceeding of this cause especially for that the Cardinal presumed to command the Regent to leave off that name during the Kings being in France affirming the chief Ruler being present the Authority of the substitute to cease and to be derogate The thirteenth The death of the Dutchess of Bedford Sister unto the Duke of Burgundy with whom dyed the true friendship between the two Dukes The fourteenth The foolish pride of the Duke of Bedford who coming from Paris of purpose to St Omers a Town belonging to the Duke of Burgundy and appointed and chosen a convenient place for them to meet and end all contentions betwixt them both thought that the Duke of Burgundy should have come to his Lodging to have visited him first as Son Brother and Uncle unto Kings And the Duke of Burgundy being Lord of that place would not vouchsafe him that Honour but offered to meet him half way which the Duke of Bedford refusing they departed the Town discontented and without seeing one another and never after saw and conâ—erred together The fifteenth The Duke of Burgundy displeased with this occasioâ— and won partly by the outcries of his own people overwearied with wars and partly by the general councel held at Arras for the according and agreeing of the two Kings joineth with the French King The sixteenth The death of the Duke of Bedfore who being a man throughly acquainted with the humors and wars of France by reason of his long continuance in the one and conversation with the other died the fourteenth year of Henry the 6. his Reigne and presently after many French Noblemen and worthy Souldiers who followed the said Duke with-drew themselves from the English Faction The seventeenth The Duke of York his Successors so long stay in England occasioned by the malice of the Duke of Somerset that before his coming into France Paris and many other good Towns of France had yeilded unto the Dolphin The eighteenth The sending over but of hundreds yea of scores where before thousands were sent to keep
Iulius Caesar. So did Peter King of Castile murther Rubaeus King of Granado for the greedy desire which he had of the infinite Treasure which Rubaeus brought into Castile with him So did Ptolomy imprison Antiochus who trusting him rather then his Brother Seleucus whom he had many ways and times grievously offended fled unto him from the heavy displeasure and persecution of King Eumenes So briefly did Henry the fifth King of England detain Iames afterward King of Scotland prisoner many years who flying from the unnatural persecution of his Uncle who had deposed his Father and usurped the Crown was driven by tempest into England These Examples varying much from the former And these Princes observing a quite contrary course unto that which the before-named Kings observed maketh this question very doubtful Whether it be lawful and commendable in Princes to receive and harbour another Prince who flyeth unto him for succour But if humanity deserveth always more commendations then cruelty if it be true that the Poet saith Turpius ejicitur quam non admittitur Hospes If Princes were first ordained and instituted to yeild relief to as many as were distressed If God most commonly blessed them who yeilded such relief and contrariwise punished those who exercised no kind of humanity towards them Briefly if wiser Princes have received them then have rejected them this doubt is easily dissolved and this difficulty quickly removed Now that humanity which is incident unto men is to be preferred before cruelty which is proper unto bruit beasts is a thing so apparent to common sense that I hold him for senseless that doubteth thereof and what is he who blameth him not for incivility who having received his friend into his house and being very well able to relieve him excludeth him without any occasion of discontentment offered by him Or who is so ignorant that knoweth not there is nothing more answerable unto the principal cause and motive of the first institution of Kings then it is to succour as many as have need of their help And our Chronicles do testifie that God plagued the posterity of Henry the fifth for his extremity used unto the poor distressed Prince of Scotland and the French Histories do declare that God never prospered Lewis sirnamed Oultremer King of France because he had dealt discourteously and unkindly with the Infant Richard Duke of Normandy whom he had received into his safe custody and protection And to be short the wisdom of those Princes who have harboured their Neighbours and Allies are commended beyond all measure by the Writers who mention them whereas their folly is reprehended and their cruelty blamed who rejected those of whom I lately made mention and all histories shall sooner perish then their infamy be forgotten But to reconcile the contrarieties of the precedent examples and to clear the difficulty of this question I think it not amiss to descend from the general argument to a particular supposition for so the controversie will soon be determined Suppose therefore for example sake that the Kings of France and Spain being in fast League of friendship together there ariseth a variance betwixt the Kings of France and Navarra from this variance they fall to wars of these wars follow the overthrow of the Navarrois after that overthrow he flyeth unto the King of Spain for refuge May the Spanish King in this case receive and harbour him To this demand it is not possible to make a good and an absolute answer unless the cause of the Wars betwixt France and Navarra and the kind of Alliance betwixt France and Spain be well and sufficiently known for the nature and quality of the one and the other may make the receipt and entertainment of the Navarrois lawful or unlawful If the French King had just occasion to war against the Navarrois because he was wronged by him or by some of his and the League betwixt Spain and France bound the Kings of both places not to receive one anothers enemies but that the one should hold him for his foe which was or is adversary to the other Then doubtless except the King of France of his part had first committed some Act contrary and repugnant unto the conditions of the Alliance whereby the same was broken and violated the Spaniard could not lawfully receive the Navarrois But contrarywise if the aforenamed Wars were unjust and the League not so streight as Alliance which are both offensive and defensive are then might the Spaniard without breach of his duty harbour the Navarrois especially if the French King had before the receipt violated the conditions of the League for as Bonds and Obligations betwixt private men tye not the Obligee to other things then are mentioned in the conditions so Leagues betwixt Princes do not prohibite them to do any thing that is not expresly or by implication forbidden by the Articles of those Leagues Besides as the world is now adayes Leagues are of no longer continuance then there is some profit or commodity arising or proceeding from them and as soon as the breach of them may be certainly and assuredly profitable and advantagious unto the breaker they are not so religiously observed as they have been in times past but some colour or other is presently pretended to justifie their unlawful violation You have heard what a strait League was concluded betwixt the French King and Ferdinando King of Spain touching the Kingdom of Naples and also what occasion was taken to break the same as soon as Gonsalvo surnamed the great Captain had the French General at an advantage But I think I have not as yet acquainted you with the colour and pretence which was used to excuse the breach thereof the which because it now cometh fitly to the purpose I purpose to declare unto you Ferdinando and Isabella King and Queen of Spain being accused by the French King that they had unlawfully broken the League of Friendship which was straitly concluded betwixt Spain and France against all enemies whatsoever that should attempt any thing against the Kingdom of Naples being equally divided as you have heard betwixt the two Crowns alledged for their excuse that amongst other Articles of their League and Agreement this clause was inserted That they should not be bound to any thing that might be prejudicial unto the See of Rome and that therefore the Pope having required them as Sovereign Lord of that Kingdom to succour the distressed Kingdom of Naples they could do no less but yeilded unto his request and with this Cautele contrary to their former promise made unto the French King the said King and Queen entred into confederacy and league against France with the Pope with the Venetians and with the Duke of Milan and the Duke of Ferara would not openly enter into this League but cunningly and with an Italian devise and subtilty he suffered his Son to serve the Duke of Milan as his Lieutenant
by the on-set which he gave upon France and by the great Power and Authority which he had even then in Italy that he went about to make himself Lord of the most part of the world And seeing that Francis the first King of France had lately won Milan from the said Emperour they entred into League with the French King against Charls the fifth as secretly as they might possible You have heard before how Leo the tenth taking the kindness shewed unto him by the Emperour at the Diet of Worms very kindly was moved thereby to leave the French party and to become one of the Emperours Faction Now you shall hear how Pope Paulus the third having the Cardinal Farnesius for his Embassadour with the said Emperour and finding that his Majesty had proclaimed a Diet to be held at Wormes touching the deciding of certain matters and controversies of Religion took it in so evil a part that the Emperour would intermeddle with the hearing of spiritual causes the cognizance whereof belonged unto the Pope that he commanded the said Cardinal to depart from the Emperors Court without taking leave of his Majesty and to leave the Cardinal Marcello Corvino in his place which was an indignity never offered unto any Prince unto whom either the Embassadour or his Majesty bear any love or affection This evil conceit of the said Paulus Tertius towards the same Emperour was encreased by three special Causes The first because the Emperour to strengthen himself against the above named French King had lately entred into League and Alliance with Henry the eighth King of England who was then fallen from that obedience which the See of Rome looked for at his hands The second because Caesar had so quickly forgotten the wrong done unto his Aunt lately divorced from the same King The third because the Emperor would neither sell unto him the Dukedom of Milan nor make his Son Pier Lewis Duke of Parma and Placentia I might proceed in the recital of many other Examples like unto these but from these you may sufficiently gather that the wisest both Popes Emperors and Kings that ever lived of late years have made it a matter of small or no conscience to break their Leagues for very small occasions especially if they found that any King or Emperour by reason of their League presuming to finde no resistance able to withstand his intent and purpose went about to incroach upon other Princes and to make himself Lord of the world You may also perceive by the mutability and inconstancy of the Princes of Italy and of their falling from France to Spain and again from Spain to France how greatly they fear the greatness of the one or the other in Italy how ready they have been to supplant him that waxeth great amongst them and how careless negligent and secure they are now since they notwithstanding not as their predecessors always did before them the aspiring Ambition of the Spaniard Moreover these Examples may teach you what opinion was conceived of Charls the fifth what jealousie and suspition other Princes had of him and what an high and aspiring mind he carryed The which having left as an Inheritance to his Son with a number of precepts forged in so dangerous and ambitious a conceipt no marvel though he do somewhat imitate his Father But great marvel it is why the Princes of our Age do not foresee and fear in him the same minde the same desire the same ambition and the same purposes which were in his Father But the more careless other Princes are herein the more commendations our Gracious Soveraign deserveth who for better then these thirty five years hath as I have said often and cannot say too often mightily crossed his endeavours without the help of any other that ever would vouchsafe to joyn with her Majestie in so honorable an Action Neither may it be imputed to her Highness as a fault that she hath forgotten the ancient league which was betwixt the house of Burgundie and her Predecessors but rather as he amongst private men is highly commended who forsaketh his dearest friends in their unjust causes and when they go about to oppress and overthrow their Neighbours so her gracious Majestie is worthy of everlasting praise and fame because it hath pleased her Highness to prefer the justice and equitie of good causes before the iniquity of any League or confederacie Besides since that the League that was betwixt England and Burgundy was as it may be gathered by the Chronicles of both Nations rather with the people subject unto the Princes of Burgundy then with the Princes themselves her Majestie continuing in Amitie with the States and People of the United Provinces and being ready to do the like if the like occasion were offered with the other of the seventeen Provinces doth not any thing in the prejudice of the Antiquitie of that League but as her Predecessors have done before her as namely Edward the third and Richard the second her Majestie hath thought it meet and convenient to stand with the poor and afflicted people against the unkind and unnaturall crueltie and oppression of their Soveraign The which action being most commendable and such as might be approved by infinite Examples they do her Highness great wrong who not considering the indignities wrongs and injuries done unto her by the late house of Spaine and not remembring the first occasion of displeasure between the Crowns of England and Spain to have risen from Spain blame her Majesty as the first breaker of that ancient League These men besides many other things which are already refuted or remain to be fully answered hereafter in their several and fit places more maliciously then wisely object unto her Majesty that about the year 1569. her Ships intercepted 59 chests full of Ryals of Spain amounting unto the sum and value of eight hundred thousand Ducats which were sent unto the Duke of Alva out of Spain to pay his souldiers withal the which wrong gave as they affirm the first or greatest occasion of breach of amity and friendship betwixt Spain and England For by the intercepting of this money the Souldiers were disappointed of their pay and the Kings credit and authority was greatly impaired and weakened in the Low Countries But those men neither consider that Spain had long before this time offered great wrong unto England nor remember that when the Spaniard complained unto her Majesty hereof that it was wisely and sufficiently answered That her Majesty understanding that the said money was sent to pay certain debts of the Spanish Kings which he owed unto divers Merchants of Genova who being well able to spare the same and her Highness having urgent occasion to use so much thought she might be so bold as the Spaniard had been to borrow the said money for a small time paying them as he did some yearly consideration for it Which Answer might well have contented the King of Spain
maketh any such vow or promise first it had been very good that he had never made it and next it were very convenient never to put the same in execution bâ—bâ—cause the sin that hurteth but one man alone is much more tolerable then that which may endanger many This promise therefore if it were never made but suggested requireth no performance and if it were once made it likewise ought not to be performed because it is impossible and cannot be maintained without great effusion of blood without hurt unto many and prejudice unto a whole estate From this promise therefore unto tâ—e fourth Reason a Reason almost as easie to be refuted as to be repeated For the Emperor Constans maintained the Corps and Colledge of Arrianus not for any affection that he baâ—e unto them but because he thought it part of his charge and duty to conserve and preserve the life of his Subjects Theodosius sirnamed the Great who was always a most moâ—tal enemy unto their opinion did likewise permit them to live in company with his other Subject And Valens and Valentian whereof the one wâ—s an Arrian and the other a Catholick suffered men of both Religions to live under their Government The Emperor Ferdinand granted leave and liberty unto his subjects of Silecia and Lituania which are Provinces of Bohemia to change their Religion And not long after him Maximilian the Emperor licensed them to build Churches after the manner and fashion of Protestants Besides the Pope himself the Dukes of Mantua Ferrara Florence and Baviera together with the Seigniory of Venice suffer Iewes to live in their Country And the Kings of Poland and Moscovia vouchsafe to suffer a number of Tartarians and Mahometists to lead their lives in their Countries Imitating therein the example of Constantine the great who after that he had established Christian Religion in Rome excluded not any Pagans and Infidels out of Rome In the Kingdom of Poland the Greek and Roman Religion was at one time a long whiâ—e professed And now there are many Lutherans Catholiques Anabaptists and Calvinists Lastly it cannot be denied and this methinketh should move the King of Spain most of all that his Father Charles the 5 after that he had fought a long while with the Princes of Germany which professâ— Luâ—herasme being aided in the same Warrs by the Pope and all the Princes of Italy granted at the length that Peace unto the Protestants which is called the Peâ—ce of Aubspurge Considering therefore that al these Popes Emperors Kings Dukes Princes and Barons having no less regard then the King of Spain of their Soules health hoping to have no worse part then he in the kingdom of Heaven did permit do yet permit the professed and sworn Enemies of Christ and of his Gospell namely the Jewes to live nay to be born and to enrich themselves within their kingdomes Dominions and Principalities What Shame Dâ—shonor or prejudice can it be unto the King of Spains Catholick Majesty to give leave unto his loving and trustie Subjects to adore and worship the same Goâ— which he himself honoreth and reverenceth in such forme and manner as they desire I know not what should be the cause that he who is so desirous in all other things to follow his Fathers 〈◊〉 Examples and Counsells doth not vouchsafe to imitate him in this Toleration which will be acceptable unto his Subjects answerable â—nto their desires agrâ—eâ—ble unto Gods word and very proâ—itable for the Advâ—ncement of his own reputation It is to come unto the fift Reason because the Queen of of England and the King of France will not yeeld unto any such Toleration in theâ—r several kingdoms Alaâ— neither the example of the one nor the other can serve to strengthen his cause For he hath not the like Authority in Flanders as they have in France and England They are free and he is bound They are tied to no conditions and he is fastened unto many and especially unto these not to break their ancient Priviledges nor to innovate any thing without the consent of the States of the Country by whom he is to be directed in all matters of great counsel and importance Besides there must needs follow farr greater Inconvâ—nience unto him then unto her by denying Liberty of conscience unto their Subjects For his are so many that require the same that above 30000 departed at â—ne time out of Flanders because he refused their humble Request and the number of Traditioners in England is so little that all that were of any note and name amongst them were heretofore and are at this present reduced into one little Island nay into no great house of a little Island But the late King of France who was esteemed one of the wisâ—st Princes of Europe would not in any wise suffer two Religions to be professed in his kingdom but because he would plant one onely there he made wars a great while against his own subjects destroying their houses wasting their Fields ruinating their Cities and Massacring their persons But who gave him Counsel so to do Was it not the King of Spain or his Pensioners And what advantage got he therefore Truly no other but the ruin and desolation of his Country And what end had he of his war before he died Forsooth such an end as made him to repent that ever he undertook those wars And what continuance had these wars Certainly they lasted above thirty years and the Protestants are now stronger then ever they were And what issue is come of these French troubles Undoubtedly the issue was such that whereas the Realm was divided but into two Factions a little before the Kings death there were three and of those three the last was most unjust pernitious and execrable For in the same one Papist killed another the son bore Arms against the father the brother against the seed of his mothers womb and the subjects being in their opinion of a good Religion against their King whose Religion was as good or better then theirs It is not then the French kings examples that moveth him It beseemeth not his Catholâ—ck Majesty to be directed by other Princes what to grant or what to deny to his subjects This is the last and in effect the best of his Reasons For it is usual amongst Princes and therefore no shame to crave counsel advice and direction one of another in matters of great weight and moment and happy haâ—h that Prince been alwayes accompted who could and would follow such advice as hâ—s faithfull Friends abroad gave him Thence it cometh that Princes send Ambassadors one unto another that they crave conference one with another that they have oftentimes Interviews and solemn Meetings and according to this custom he either dissembleth egrediously or meant truly that the Ambassadors sent by the Emperor the Queen of England and other Princes of late years to Cullen should have ended all contentions and controversies betwixt him and his Subjects
the execution praiseth her Sons wisdom thanketh God that it hath pleased him to put that counsel into the Kings head and to give him grace to execute the same and now saith she my Son playeth the king indeed The Parisians are presently certified of the Dukes death there is weeping and gnashing of Teeth the Crochilers have lost their Countenance the Facâ—ious their Father the Seditious People their ambitious Patron and the Malitious Sorbonists their Religious Protector What followeth Sudden accidents must have suddain consultations new devises hasty resolutions hastie executions and the new year must begin wiâ—h new Treasons They chuse the Duke of Aumale for their Head they draw the kings picture in the durt through the streets they rob and ransack his Exchequer his Palace his Store-houses and for their last resolution they conclude that he must be no longer their king According to this conclusion after that their City was hardly beset and they had almost endured as hard a siege as the Citizens of Ierusalem they send out a desperate Jacobin Fryer as their Iudith to behead Holofernes to execute their doom and devillish sentence upon the Lords anointed and their lawfull king The Fryer goeth to the kings Camp which was at St. Clovis feigneth to have Letters of great weight to deliver unto the king he is brought to his presence kindly received for the king alwayes loved those Fryers too well and lovingly willed to declare the cause of his coming he delivereth his Letters the king readeth them seriously and the Jaobin more like a Iudas then a follower of St. Iames seeing the kings doublet loose about him aiming at a place where he might be sure to dispatch him whilest he was busied in reading the Letters thrusteth a poysoned knife into his Bowels of which wound he died within a few hours after You have heard his Tragedy his Reign and his End and what can you finde that savoureth of Heresie Was it Heretical to persecute those whom they call Hereticks before he Reigned and as long as he reigned Was it Schismatical to proscribe banish and massacre them Was it Apostatical to proclaim and make Wars against them whensoever and wheresoever the Guisards required him Was it irreligious and hypocritical for him in a Lent time when men use to be penitent for their Sins to whip themselves while the blood followeth by his own Example to induce the Cardinal of Lorrain and others his chiefest Counsellors and Courtiers to do the like Was he a despiser of God who with consent of the Popes Holiness to shew his zeal and to leave an Eternal Monument thereof did erect a new order of Knighthood of the Holy Ghost and took an Oath to live and die in defence of the Catholick Faith Was it impious and an Act not beseeming a Christian Prince to go in person and accompanied with most of the Peers of his Realm in Procession bare-headed and bare-footed If none of these things be Heresie Apostacy and contempt of God and Religion then undoubtedâ—y the late French King having done all these things was no Heretick no Apostate no Schismitick no despiser of God but a Zealous a Religious a Catholick and a most Christian Prince But the Duke of Guise his death is the matter that is most urged is the sore that most grieveth is the objection that needeth a present and large confutation He was murthered without any desert without any rightfull administration of Justice without any manner of proof that he had committed a Crime worthy of death God said unto Cain where is thy brother Abel He said unto the woman accused or Adultery Where are thy Accusers He said unto his Disciples In the mouth of two or three consisteth a Truth He said unto the Judges of the Earth Be ye wise and discreet in your judgements And why said he all these Forsooth to shew that in every Capital Cause there ought to be an Accuser divers witnesses and a Judge to give Sentence according unto Law and unto his Conscience Truly the Laws of France and the Lawes of all Nations require that a man being held guilty of any Crime be it never so odious never so horrible be called unto Judgement and be convinced by his own confession or some other pregnant and forcible proof before he can be condemned But if the crime whereof he is accused be so manifest that all the world knoweth it that he cannot deny it and hath nothing to say for his defence it is lawfull to condemn him yea to execute him without hearing his Cause especially if by giving him notice of his Arreignment you give him time and opportunity to escape without punishment The Word of God saith Thou shalt do no murther But the Laws of Nature the Laws of Nations yea the Laws of Princes say That it is better to kill then to be killed The Apostles have taught that the testimony of two or three witnesses is sufficient in any Cause but the Civil Laws require sometimes seven other times five and commonly they are contented with two and by Canonical constitutions according to the degrees of dignities of Ecclesiastical persons the testimony of seventy two of sixty four of twenty seven and of seven is oftentimes requisite and necessary God hath commanded every man to do according to his conscience but the Lawes of Princes command all Judges to give judgement according to the proofs and allegations that are made before them I may therefore boldly say that not onely the Pope unto whom the Canonists onely attribute this power and authority but also every lawfull secular Prince unto whom God hath commanded that every soul should be obedient may upon good occasion and consideration of some circumstances qualify and interpret the Lawes of God He that striketh with the sword shall perish with the sword sayeth the holy Scripture and there is no express commandment given not to suffer Malefactors to live But Humane Policy hath thought it convenient and equitable that children because they know not what they do that mad men because they are deprived of the use of Reason and Understanding that any man killeth one another by mischance because he offendeth through ignorance and not of malice And lastly that an honest man if he chance to kill a Thief by night or by day in defending his own person or goods because it is lawfull to repel force by force shall not be condemned to death although his crime in it self in strictness of Law be Capital There is nothing more certain then the commandment of God not to swear and yet it is lawfull to swear yea it is an offence not to swear if a man be commanded by a Magistrate to swear and if a truth cannot be known but by an Oath and the oath that a man hath taken must be inviolable It cannot be broken and there is no mans more odious no crime more detestable then the sin of perjury and yet a Judge that hath
taken an oath to keep the Statutes of his Country without breaking the same or without departing from the true sense and literal meaning of them may violate them if the iniquity of the time will not give him leave and leasure to confer with his superiour or to ask his opinion or if there be manifest dangers like to follow of the delay which he shall use Besides if a Judge be commanded yea sworn not to do any thing against the Lâ—wes of God or nature or of his Country yet if he be urged by some great occâ—sion or if necessitie enforce him thereunto or if some notable danger scandall or inconvenience is like to follow of the strict observance of those Laweâ— he may lawfully violate them And shall a Judge have Authority to break Lawes and shal not an absolute Prince have the like liberty A Provost Marshal taking a Theif in the fact of committing a robberie may hang him up presently with out any forme of Judgement and shall not a King cause a notorious Traytor to be murthered without a solemn Sentence The Governor of a City taking an Homicide an Adulterer a ravâ—shâ—r of Women upon the Fact may chastise and punish them according to the Rigor of the Law wâ—thout any forme of Law and a King taking a Traytor beâ—ng abouâ— to deprive him of his life of his Crown apd Scepter shall he not do him to death without asking the opinion of his Judges without imploring the helpe of his Magistrates and without imparting his Treason unto his Counsellors or unto the Friends and Allies of the Traytors especially when as he may escape whilst these things shall be doing when bee is so strong so backed with friends so guarded with Souldiers that if he be not executed upon a suddain the respiâ—e and leisure which shall be given him shall gâ—ve him time and meanes not only to escape the punishment which he hath deserved but also to put in great hazard the life of his Prince and the weale of his Country to be short when either the Prince or the Traytor must die presently It is written of Iehu the Judge and King of Israell that he fearing the great multitude of Baals Priests and doubting that if he should put them to death by the way of Justice there would follow some great Inconvenience or scandal to himself he feigned that hee himself wouâ—d do sacrifice unto God Baal and by that pretence and colour he caused them all to come together and when they were all assembled hee willed them all to be murthered Who hath heard the Historie of Ladislaus king of Bohemia commendeth him not for his wisdome and discretion in dissembling the grief which he took to see the Earle of Cilia his faithfull and assured Friend and Vncle killed almost in his presence so â—uningly that he not only seemed not to be grieved with his death but also to think that he was lawfully killed because hee presumed to come Armed into the Court where all others were unarmed The Bohemians seeing how lovingly hee entertained Ladislaus Humiades the Author of this Murther how kindly he used his Mother how wisely hee suffered Ladislaus and his Brother Matthias to bring him into Beuda and how resolutely when he had him where hee was stronger then hee he commanded him to be done to death for the murther committed on his Vncles person took it for a manifest Argument that he would prove as indâ—ed hee did a very wise just and valiant Prince siâ—ce in his youth he was so subtile and so resolute and gave them so notable an Example and President of his Justice Who hath read the policy which Darius king of Persia used in revenging the injury of Oretes who was grown to be so mightie so proud and so well backed with friends that hee neither could nor durst do him to death by the ordinary Course of Justice and prayseth him not for inventing a way to induce 30 of his Gentlemen to undertake his death And who commendeth not the Magâ—animitie and resolution of Bageus who when it fell out to his lott to be the first of the 30 that had vowed to hazaâ—d their live foe their king went no less hastily then cuningly about his enterprise and within a very short while murthered Oretes who had beaâ—ded and braved his King many years Briefly who readeth and alloweth not the History of David who when a man câ—me to him from Saul his Camp and told him that he had kilâ—ed Saul commanded his Sâ—rvant to kill him presently and said unto him Thy blood bee upon thine owâ— head for thine own mouth hath spoken against thee And yet every man knoweth that Saul killed himself and that this poor simple man thought to have had a reward of David for bringing him the first news of Sauls death These premissâ—s therefore being duly considered it must follow that the late king had great reason aâ—d just cause to command the Duke of Guise to be killed But his friends say nay They have caused it to be imprinted that he was one of the Peers of France one of the greatest of that Realme one of the best beloved Subjects of Europe and one that was allied unto great Kings and Princes And that therefore the King causing him to be murthered as he was migâ—t well think and justly feare that in doing him to death he should highly offend his best friends and give just occasion unto as many as suffered any loss or detriment by his death to revenge the same As therefore Iulius Caesar winked at the Treason committed by Dunorix and called him not into question for the same for feare to offend his Brother Divitiacus who was an assured and faithful Friend unto the people of Rome and a man of great credit and Authority in his Country even so the King should have spared the Duke of Guise and not have used such câ—ueltie towards him as he did for feare to displease and discontent his dearest and best friends and as Henry the 4 King of England deprived the Dukes of Anmarle of Exceter and Surrey of the Lands and possessions which Richard the second gave them and yet spared their lives so the king had done well if he had taken away the lands and livings and not the life of the Duke of Guise Truly if hâ—s kingdom should have received no greater loss or dammage by the Duke of Guise his life then the commonwealth of Rome received by Dunorix the king should not have greatly done amiss to have suffered him to live But since that the Duke did alwaies aspire unto the Crown and since he desired sought and laboured by all meanes possible to usurpe the same the King played as his Mother said the right part of a King whâ—â—â— as he resolved and exâ—cuted his death with all convenient speed For the same Caesar which had pitâ—y and compassion on Dunorix because his life could not greatly hinder or cross his dâ—signes and purposes first banished
unto his Majesty in the year 1575. to negotiate a general peace betwixt the King and his discontented Subjects as well Papists as Protestants This Ambassador in the preamble of his Speech to the King used these words We thank God that it hath pleased him so highly to favour us as to send us a King that both will and can hear himself the wants and complaints of his Subjects and order and redress the same according to his good pleasure and the laudable course of Justice For if our Writers have imployed their Labours in writing to blame and reprehend those Kings which hear not but by the Ears of others which see not but by the Eyes of others and speak not but by the Mouthes of others We have most great occasion to think our selves very happy and blessed unto whom God hath sent a King so gentle and so loving unto his Subjects as that he will hear all our causes and controversies himself and a King of so rare and excellent Wisdom as that he is able to decide and determine our Contentions This commendation given him by Seigneur Darennes far exceedeth Sir Henry Cobhams because he was the Ambassador of a Prince that was in League with the late King and the Siegneur Darennes of a Prince that not long before had born arms against this King And Sir Henry might speak for favour but the other spake as he thought because it appeareth by the rest of the speeches which he used in the same negotiation that he neither would or could dissemble And because this praise and commendation was given by an Enemy rather then by a friend it cannot but be void of all partiality assertion or flattery Thus you have heard the French Kings Vertues and his Imperfections the Leaguers folly and the Spanish Kings indiscretion Now it resteth to declare unto you his further error which although it be the last yet it is not the least and I fear me I shall have occasion to enlarge my self more of it then I did of the other three It is not unknown unto all or most part of the World that the King of Spain too much crediting the light and false reports of certain English Fugitives did once attempt and doth still intend to invade and subdue England This attempt and this intention although it seemeth to be grounded upon good reasons and to be allowed by the wisest Councellors yet I will shew that it was neither begun with wisdom nor is continued with any great discretion To shew this it shall be needful to examine all and every of the causes which moved him to undertake this attempt and purpose The causes are many and some of them are already sufficiently declared others rest first to be discovered and then then to be confuted It hath already been shewed that for succouring of France for aiding of Flanders for intercepting his money and for favouring and furthering of Don Antonio his resolution to recover the Kingdom of Portugal the Spanish King had no just occasion to be offended with the Queens Majesty It remaineth to prove that the Popes Excommunication That the false and sinister reports of the English Fugitives the death of the late Queen of Scots OF the sending away of his Ambassador with some small disgrace out of England giveth him no just occasion to trouble her Majesties quiet and peaceable Government All this being proved his indiscretion shall be made appear by three principal Reasons The first because he took no good course for the accomplishment of his enterprise The second Because that although his course had been good yet he neither was nor is able to subdue England And the third Because albeit he should chance to conquer our Realm yet he could not hold the same long The order whereunto I have tied my self requireth that I begin with the Popes Excommunication And for the better clearing of this point it were necessary to shew what Authority he hath to excommunicate But this is a matter that requireth a whole and large Volume and therefore I have thought good not to medle therewith but to refer you for your better instruction unto the large Apology which Marsilius Paturius wrote above 266 years ago in the defence of the Emperor Lewis of Baviera against the Pope that would not admit or allow him for Emperor There you shall see that the Pope although he were Christs lawfull and indubitate Vicar a point which never was nor will be proved yet he hath no more Authority then Christ himself had There you shall read that Christ came not into the world to Rule that he took not upon him to Command Princes but that both he himself obeyed and taught his Apostles to obey Princes There you shall understand that Saint Paul the Apostle Saint Peter and other of Christs Disciples obeyed the Civil Magistrate and submitted themselves unto Temporal Government There briefly you shall learn that not Clergy man ought to meddle with Temporal matters And that the Pope hath no more Authority to pardon sins or excommunicate any man then other Inferior Priests and Ministers have All this being true as in that Apology you shall finde it learnedly substantially and sufficiently proved not by humane Reasons which may be erroneous but by sacred Scriptures which cannot be controlled your own discretion may sufficiently warrant you that this Excommunication can be of no great force And yet because many of our Countrimen attribute too much unto the Popes Authority and cannot be perswaded but that he came unto the same directly and holdeth it immediately from Christ. I will shew you as briefly as I can how the Pope of Rome attained unto that great Authority which he now enjoyeth It appeareth by Du Haillan in the French Chronicle that in the time of Charles the Great the Popes of Rome had no power or authority in Rome it self they medled but onely with matters of Religion with Ecclesiastical Discipline and with points of Divinity It appeareth also by Platina Dr. Illescas and Robert Barnes three notable Writers of the Popes lives the first being an Italian the second a Spaniard and the third an Englishman that many years after Christs passion and after St. Peters death they were cruelly massacred and martyred by the Emperors of Rome It is also notorious and apparent by the testimony the same Writers and of many more that they were wont to be chosen approved and confirmed by the Roman Emperors insomuch that he was not held for a lawful Pope which had not the Emperors approbation Briefly you shall find in the Histories and Chronicles of France that three Popes being chosen at one time they came into France the Kings whereof were then also Emperors to excuse themselves and their election because it was made without the consent or privity of the Emperor and to stand to his opinion that then was Emperor which of the three should be Pope but now there is a great alteration and a marvellous change
Ioshua King of Iuda commanded Heikias the high Priest of the second Order and the Keepers of the Doores to bring out of the Temple of the Lord all the Vessels that were made for Baal and to do any manner of things mentioned in the 23. Chapter of the second Book of Kings David assembled the Sons of Aaron and the Levites to bring the Ark of the Lord into the House prepared for it Commanding them to sanctifie themselves And David had a Linnen Garment as all the Levites had that bear the Ark And upon David was a Linnen Ephod David also blessed the People in the Name of the Lord and appointed Certain of the Levites to be Ministers before the Ark of the Lord He Likewise divided Offices to the Levites to their Preists and to their Sons Solomon set the Courses of the Pâ—iests to their Offices according to the order of David his Fathâ—r and the Levites in their Watches for to praise and Minister befoâ—e the Priests every day and the Portersby their Course at every Gate For so was the Commandment of David the Man of God Iehosaphat in the third year of his Raigne sent his Princes to teach in the Cities of Iudah and with them the Levites and Priests And after he had appointed Judges in Civil Causes over all Iudah the set in Ierusalem certaine of the Levits and of the Priests and of the Chiefest of the Famâ—lâ—â—s of Israel for the Judgement and Cause of the Lord and made Amoriath the Priest the chief over them in all matters of the Lord. Ioash Commanded the Levites the Preists and Iehoiada the Cheif Preist to gather Money of all Israel to repair the House of the Lord. Briefly Hezekias goeth furthen then all these for he repaireth the Temple of the Lord and commandeth the Levites to cleanse themselves and to sanctifie the House of the Lord. He commandeth the Preists the Sons of Aaron to offer his Sin Offerings upon the Altar of the Lord. He appointeth the Levites in the House of the Lord with Cymbals with Viols and with Harps He willed the Levites to praise the Lord with the words of David and of Asaph the Seer He set posts through all Israel and Iudah to command them to come to keep the Passover with him and to turn unto the Lord He appointed the Courses of the Priests and of the Levites by their turns every Man according to his Office Briâ—fly he commanded the People of Ierusalem to give a great part to the Priests and Levites that they might be encouraged in the Law of the Lord. Since therefore the Queens Majesty intermedleth not in Ecclesiastical Causes somuch as these Princes did or any thing more then other Kings some of her Predecessors have done Since when her Majâ—sty called a Parliament to Consult of temporal matters the Bâ—shops and Prelates of this Reâ—lme have a meeting also in their Congregation House where whatsoever they decree and order is ratified by her Highness Royall Assent and Approbation since not her Majesty but her Graces Father was the first that assumed unto himself not without just occasion the Title of Supream head and Governor in all Causes Ecclesiastical within his Majesties Realms and Dominions And Briefly since what power soever the Pope had over England was loâ—g since taken from him This sentence of Excommunication against her Majesty is neither warrantable by Law nor any sufficient cause for the King of Spaine to invade our Realme Now to the false Reports of our English Fugitives who as all other Fugitives have accustomed to do fill the King of Spains ears with many vain Fables seeking thereby to exasperate him against our Realm to extenuate the Forces thereof to the end he may think the Conquest of England to be a matter of no great difficultie They calumniate her Majesties Justice â—ccuse her Government and blame her Proceedings against Seminaries and Romish Priests sent into this Realm from Rome as out of the Trojan Horse to seâ—uce her Majesties loving Subjects and to withdraw tâ—em from thâ—ir Obedience These grievous Accusations be sufficiently answered in a little and very learned Treatise Called the Execution of Justice But the Chiefest Point which they reprehend in Her Highness Goverment is there unanswered and therefore I have thought good to reâ—ell it in this place They signifie unto the Spaniard That her Majâ—sty had before the Coming of his Invincible Navie so overcharged her Subjâ—cts with new Subsidies and unaccustomed Taxes and Impositions that they neiâ—her would be willing nor able not to defray so great charges as should be requisite and necessary to maintain an Army by Sea and an other by land This Accusation is auggravated because her Majesty hath called a Parliement almost every fourth years since she came to the Crown and in some of them hâ—th not been contâ—nted with a single Susidie but hath charged her Subjâ—cts with a double Subsidy A matter as they say never heard of in any of her Predecessors times nor then needfull when it was required For the better answering of this objâ—ction I must run over the whole Raignes of some of her Majâ—sties Predecessors thereby to make it appear that they called Parliaments and levied Subsidies as often as her Highness hath done And because it would be tedious to trouble you with many I have restrained my self unto two only namely unto Ed. 1. and Ed. the 3. The Commons granted a Subsidy unto Edward the First in the third year of his Reign and another within two years after then having no extraordinary expences until the eleventh year of his Reign which was six years after he obtained another Subsidy And when he had reigned two and twenty years the Clergy gave him the half of their goods the Inhabitants of the Cities the sixth part and the rest of the common people the tenth of all that they possessed And yet within two years after he levied of all Towns-men and Citizens the Eighth part and of the Country people the Twelfth part of their goods and because the Clergy refused to grant him a Subsidy at that time they were all excluded from his favor and protection for the recovery whereof some by themselves and others by their friends gave him the Fifth part of all that they possessed Neither did the Liberality of the Laity nor the bounty of the Clergy so free them from further Contribution but that the very next year after the King having occasion to War against Scotland the common people gave him very willingly the Ninth part of their Goods the Clergy subject unto the Arch-bishop of Canterbury the Tenth and the Clergy of York Diocess the Fifth part because they were nearer to the danger and invasion of the Enemy Edward the Third had a Subsidy of his people the sixth year of his Reign and another the next year after and within four years after the Commons granted him a Fifteenth the Burgesses of Towns and Inhabitants of Cities a Tenth and
quiet Government at home to confer the necessities of her Predecessors with the urgent occasions that her Grace hath had to use much ready money they shall finde that her Ancestors never had so just occasions of necessary expences as her Majesty had of late years yea almost for the whole time of her reign For albeit her Majesty hath not had continual open Wars as some of them had yet her charge hath been nothing inferior unto theirs For first Wars are now adays as I have said far more chargeable then they were wont to be Then her Grace hath had no other Princes to contribute towards her expences as her Predecessors had Next her Loans to foreign Princes as to the Kings of France of Navar of Scotland to the late Duke of Alencon and to the States of the Low Countries have been very great And lastly her charges both by land and Sea could not chuse but amount yearly to infinite sums considering how many times her Highness hath been constrained to send her Navy to the Seas and her Land Souldiers forth of the Realm Besides her Predecessors charges were for the most part voluntary being undertaken to conquer and not to defend their Realms to get other Princes Dominions and not to conserve their own to revenge forein injuries and not to repulse domestical invasions briefly their Wars were for their own profit and hers for her Subjects benefit considering therefore that whatsoever her Grace hath levied not granted unto her by her Parliament without any contradiction without any accusing her of Prodigalâ—ty wâ—thout any such exception taken against her demands as hath been taken against other her Predecessors without any suspition of hâ—r evil Government therefore without any consigning the managing and government of the same unto others then unto them who by her Majesties appointment have the custody thereof it is a manifest argument that her Subjects were always most willing to yeeld to all manner of contributions that her Highness in her Princely Wisdom and Discretion did take to be necessary for the defence of her Realm And if these malicious Accusers would look upon the governments upon the Exactions upon the extortions of such Princes in whose Realms they either live by Alms or wander up and down as Vagabonds their own consciences if at least they have any would condemn them of malice of untruth or of gross ignorance for the wisest amongst them may and are well able to make large volumes of such Subsidies Taxes Impositions and Grievances as are levied in France Italy Spain of which the hundreth parts are unknown much less practised in England and this must needs appear to be most true and manifest since it cannot be denied that in some Dukedoms of Italy the Circuit of which is not comparable unto one Shire of England the yearly Revenues of the Duke far exceed the Revenues and Rents of the Crown of England Moreover if it may please this Viperous generation of Fugitives to call to mind the Interest that Princes have in their Subjects Goods and the great power that is given unto kings in the Old Testament over the Lands and Possessions of as many as live under their Obedience and also to remember that Princes the longer they live the more absolute Imperious and self-conceited they are in the Execution of their Government and the more Experienced in their proof they must rather commend then condemn her Majesty whom neither continuance of time nor fulness of Authority nor presumption upon the good Wills of her people nor confidence upon the Equity of her Cause nor the consideration of her Subjects weal wholly depending upon her welfare nor briefly the remembrance of her gentle and sweet-Government hath ever imboldened to be over-chargable unto the Realm or over-burthensome unto her Subjects This grievous accusation is more truly then briefly refelled Now leaving the rest of these Fugitives suggestions unto another place wherein I shall have occasion to handle them more fitly I will end this point with condemning the King of Spain for being too light in crediting these Rebels in two principal points For first he ought to have considered that neither the vain Pamphlets disspersed by his lying Ambassador Mendoza nor the malicious book written by Cardinal Allen was able to alter remove or shake the natural and dutifull affections of our English Subjects they were too well acquainted with the Ambassadors old and inveterate malice with his hostile practices and his desperate intents They knew the Cardinal to be a Religious Fugitive to sell his tongue and the use thereof for money to be like unto Richard Shaw that was hired to preach at Pauls-Cross and there publickly to justifie the wrongfull usurpation of Richard the third to resemble the Duke of Buckingham who neither feared nor blushed to commend the same cause for just and most lawfull in the Guildhall London to imitate Iohn Petit a Preacher of France who for a far less bribe then a Cardinalship allowed approved and commended in Pulpit and in writing the most horrible murther committed by the Duke of Burgoigne on the person of the Duke of Orleans And lastly to follow his example who without all example was not ashamed to write a large volumn against the late king of France and therein to deduce many reasons many causes for and by which he maintained that the said King might be lawfully deposed and another set up and established in his place Secondly he might have considered that those Fugitives are for the most part peevish and discontented Schollers fitter to mannage a Pen then a Lance to dispute of Philosophy then to discourse of War to be partial in their own conceits then to be prodigal in their assurance briefly to be ready to say more then they know especially when they are either assured or in good hope by saying much to obtain much he might have remembred that Iohannes Viennensis sent into Scotland by Charles the sixth of France although he was a man of great experience a Captain of long continuance aud one that by his long abode in Scotland knew England and her Forces far better then our Fugitives do deceived his King at his return out of Scotland in reporting unto him the strength of our Nation he had fought with many of our Armies had seen 60000 Footmen 8000 and Horsmen of ours in the Field was of opinion that our Country was easie to be conquered within the Realm howsoever it prevailed and conquered abroad And lastly he both knew and signified unto the king that the Duke of Lancaster was absent in Portugal with the Flower and chief Youth of England These reason moved the French king to determine to invade England presently to carry an huge Army to Sluce in Flanders to assemble all the Nobility and Peers of his Realm for that voyage and to proâ—â—se unto himself an assured victory against England But what event had this Journey What effect followed of this perswasion The
king hearing that the Duke of Lancaster was returned out of Portugal and that in England fâ—r greater Forces were prepared to resist his invasion then Iohn of Vienna had mentioned withdrew his Forces from Sluce unto the places from whence they came and as the Spaniards would cover their dishonour received in their attempt against England by the Duke of Parma his not joyning with them in convenient time as it was decreed in Spain before they departed out of Spain so they laid the fault of not proceeding in the journey upon the Duke of Berry who knowing the Forces of England as undoubtedly the Duke of Parma did far better then those that took upon them to make report thereof came not unto the French king at Sluce until the dead of Winter when it it was too late to depart thence to invade England And as the Frenchmen falsly charged the Duke of Berry that he had received Bribes of the king of England to divert his king from his intended enterprise against England So the Spaniards more indirectly then justly blame the Duke of Parma that in consideration of some reward either received or promised from us he held not his promise to joyn his power with the Spanish strength against us And lastly as of the French vain enterprises and all the preparations thereof there came nothing else into England but certain great Tents and lodgings of Wood capable as their Authors report of all their kings huge Army So of the Spanâ—sh invincible Navy and of their mighty Army nothing was seen in England but the spoil of their strong Armado and the flags of their tallest ships which were brought to Paulsâ—Cross â—Cross and there shewed unto the People as notable monuments of their wonderous overthrow Now followeth the death of the Queen of Scots a Queen in whom God had joyned some vertues with many vices a happy Queen if she had not been too much affected unto the Pope of Rome too much lead and counselled by the Spanish King a Pope and a King that have overthrown more noble Families in England France Flanders and Scotland then they have true and good Noblemen within their Realms and Dominions Of this Queen because she was nobly descended and the mother of a most noble King I forbear to set down what Buchanan hath written And yet because her Majesty is charged to have done her to death wrongfully I cannot but relate what another reporteth of her Another that was neither an Englishman nor a Scot but a German Another that writeth of her as Cornelius Tacitus doth of his Emperors Sine ira studio without hatred or affection for she was unto him as those Emperors were to Tacitus neither known for any good turn that ever he received of her nor hated for any wrong that ever she did unto him This Queen saith my Author being weary of her second husband whose life was often sought and at length unhappily shortned not long after his death married James Hepborn Earl of Bothwel whom during her Husbands life she had used most fumiliurly Certain Noblemon of Scotland being greatly moved with the indignity of so wicked a deed and desirous to revenge so horrible a Parricide raised an Army against the Queen and forced her to resign her Kingdom unto her young Son But they confined her unto a certain Island whence escaping the next year by corrupting her Keepers and the Hamiltons Forces which fought in her defence but overthrown by the Lord Protector of Scotland she meaning to go unto her Mothers friends into France took her journey by England where she was detained and when as certain Treasons intended by the instigation of the Pope against the Queen of England her State for the delivery of the Scottish Queen and establishing her in both Kingdoms were revealed and discovered she was more straightly kept and lookt unto until at length because she had used many means to deprive the Queen of her life she was condâ—mned to death in the year 1586. by the Lords and Commons of the Parliament House and executed the same year accordingly Against this Sentence and his execution there are made these exceptions First it is said That the late Queen of Scotland being an absolute Prince as well as the Queen of England could not be condemned to death by her because Par in parem non habet potestatem Next it is alleadged that if a Prince should so much forget himself as not onely to pronounce but also to execute a sentence of death upon his Equal over whom he hath no manner of Jurisdiction or Authority other Princes will be greatly offended with this Sentence and never endure that it should be put in execution To these Reasons there is added a Third That since there is no Law as yet written to punish a Prince with death they think it unlawful to make new Laws new Statutes for the punishment of a Prince and in case it were lawful it is not known who should make these Laws who should adminster them who should execute them and therefore sithence there is no law against Princes there can be no great punishment inflicted upon Princes and because there was never any custom known or practised to proceed so severely against Princes Lives it must needs be against all good Custâ—m to call their Behaviour in question or their Lives into danger The favourers of this cause proceed further and look upon the malice and wickedness of Subjects who as soon as they begin to hate their Prince unjustly and for no occasion would quickly by themselves or by other Princes by open violence or by secret conspiracies be rid of their Princes So say they would it come to pass that by whom Princes ought to be preserved by them they should perish and by whose help they mould be delivered against all others through their hatred they should be destroyed by themselves The Patrons and Advocates of this Queen bring another reason to confirm their opinion For say they if a Prince fall willingly into another Princes hands or if it happen that flying from his malicious Subjects or from his foreign Enemies or being driven by Tempest or other casualty into one Kingdom when he meant to go into another or that being in the field one Prince is detained by another the detainer that shall not ransom but execute such a Prince shall break and violate the Laws of Arms of Humanity or of Hospitality Lastly the Laws of Nations require that Princes Ambassadors even in the hottest broils and most bloody contentions that are betwixt Princes shall have free ingress and egress into and out of the Kingdoms into which they are sent But if the Laws permit or rather command Ambassadors who do but represent the persons of Princes to be free from all dangers what honest or just pretext can there be to violate or wrong their Lords and Masters For it is against all reason against common practâ—ce and experience to spare the
Servant and to spoil the Master not to hurt the Subject and to murder the Prince to dismiss the Messenger and to detain the Sender briefly to honor him who representeth another mans person and to disgrace the party whose person is represented These are the most substantial Reasons that are made against this Sentence And to every one of these I will frame a brief Answer Par in parem non habet potestatem And therefore Princes who are most commonly equals cannot exercise any power or authority one against anoâ—her True it is that this is an ancient principle or maxime in Law but as other Rules or Maximes have their exceptions so this position is not without a limitation without an exception or interpretation Two Magistrates I grant being made and constituâ—ed by their Superior with equal power and authority have no power or jurisdiction one over another but they are created as it were with this condition that they shall use the authority which is given them by their Princes against their Inferiors and to those that are subject to their several jurisdictions But sithence this Law was made in their behalf onely who do acknowledge a Superior and that in such a time and in such a State in which there were many Magistrates but one King many Judges but one Emperor many that were equaâ—s among themselves but one that excelled them all in power and and authority I take it that the same concerneth absolute Princes no more then a privilege granted to Ticius alone belongeth unto Marius For sithence that the charge and alteration of time hath brought forth so many Kings instead of one Emperor that almost every Country hath now his several King Since the consent and general agreement of people hath given full power and authority unto their Kings to make what Laws they pleased since need and necessity requireth that new Laws be made and published almost every day and that they being once made shall not be of force out of those Realms within which they are established it cannot be but both absurd and ridiculous to beleeve and affirm that a Law made many hundâ—ed years ago by a Roman Emperor and that in Italy shall in these days bind those Princes over whom the Emperor hath no manner of power and that when aâ—tient Emperors had it long sithence abrogated and abolished For as many Shires and Provinces of England France and other Countries which had their several Kings are now reduced under the obedience of one King so contrariwise the Emperor which was wont to command many Nations is now brought to such alow ebb to so smal and slender an Estate that he can hardly challenge the absolute Rule and Government over the twentieth part of one Nation Since therefore Laws made by our Ancestors are so derived to our after-commers that it may be well said that they aâ—e as well Successors unto them in their Laws as they are their Heirs in their goods it is certain that many Laws remain still which were made many years ago but no Prince will admit or allow them any longer then they shall be found to be profitable and expedient for the Commonwealth or then they shall not diminish their royal Authority hence it cometh that some men hold opinion â—hat a King cannot make a Law which shall prejudice his Successors hence it cometh that former Laws may Lawfully be abrogated and others although they be quite contrary made in their stead so that they be found profitable for the Sâ—ate Hence lastly it cometh that the latter Statute repealeth the former and that which came last to light obtained most force Neither although there be but very few or no Princes especially in Christendome which even in these days of Weakness and infirmity of the Empire do not greatly respect and reverence the Emperor And albeit there be very few Lawyers which do not both read and admire the large volumes of the Civil Laws Compiled or rather digested into order by Iustinian the Emperor yet is there any King that useth the same Laws as Iustinian his Laws Or any Civilian that joyneth not the knowledge of the Statutes and Constitutions of his Country with the Studie of the Imperial decrees and Ordinance In England the Civil Law hath small force and lesse use In France it is in great Credit but there is a Capital punishment laid upon them who in pleading a Cause presume to alledge a Civill Text as a Law made by the Emperor but they alledged them as Laws approved by the French King For when as the King of France perceived that his Majesty should be greatly blemished and prejudiced if he should Govern his kingdom by Forreigne Laws and yet he saw that it was impossible to have or invent better Laws then the Civil Laws are he entertained the best of them being very loth that so good Laws should utterly perish and be forgotten But he commanded them to be Called his and his Successors Lawes least that it might turn to his discredit to Governe by other Princes Laws What accompt other Nations make of the Civil Laws it is easie to Conjecture by this That in Germany it self in which only Country the Emperor hath Imperial authority there are many Provinces which have banished the Civil Law Considering therefore that Laws made in Spaine binde not us in England and that the Frenchmen are not tyed to ours who shall be esteemed wise that will affirm that these Kings are Subject unto Iustinians Laws which are nothing inferior unto Iustinian his Successor in power and Authority But grant that the Emperors Laws have now as great Force and Strength as ever they had and that this Maxime Principle or Rule in Law Par in parem non habet potestatem doe bind all the Kings of the World yet it shall appear that it cannot any thing at all availe the late Scottish Queen For First as it oftentimes happeneth that men of great Authority lose the same by their own default or Negligence So princes going our of their own Countries into other kingdoms and Dominions make themselves inferior unto them in whose kingdom they remaine This is proved by Common experience For what Householder be he never so poor will suffer a rich man to rule or be his better in his own House What Master of a Ship will permit a Passenger bâ— he of never so great Wealth to Guide or Governe his ship Or what Captain can or will endure that a young Nobleman be he of never so great birth and Parentage shall lead and direct his Soldiers The sweetness which is in Commanders admitteth no Companion The Pope the Emperor or if there were any greater then they hath no share no part or Portion therein but all were it never so much belongeth wholy unto him that ruleth And there is such a feeling such pleasure in this sweetness that to extenuate the same by words is dangerous to diminish it by deeds perilous and to make others
the Laws of Humanity or Hospitality are or can justly be said to be broken if such a Prince be severely punished for since he first violateth these Laws himself he giveth thereby just occasion unto him whose death he seeketh by unlawfull means to use the benefit of Law for the shortning of so unthankfull a Guests life especially if before his attempt and conspiracy his detainor always used him gently and curteously But it was never seen say the Scotish Queens friends that a Prince flying from the violence of her Subjects or passing by another Princes Realm as the Scotish Queen did to go into another Country was detained prisoner It is a thing never heard of never practised in any Age or by any Prince were he never so barbarous never so void of Humanity This is a vehement Objection but not so vehement as ridiculous For as a private man cannot come upon his neighbours ground without his leave so Princes may not set their feet on their neighbours Territories without asking them leave and license and the Prince that shall presume to come into another Princes Country without his leave is thought too indiscreet and unwise although the occasion of his coming be never so just and lawfull It is written of Baldwine the Emperor of Constantinople that when he being driven from his Imperial Seat came into England to demand aid of our King the cause of his coming was very just and equitable but when landed at Dover word was sent him by our King that he had done unadvisedly and otherwise then it became a king of his Magnificence and Majesty to adventure to come into our Realm without making them privy before hand to his coming and because he vouchsafed not to ask leave it was held for a manifest sign of great pride and contempt Was there ever Prince that took a more just and necessary and commendable voyage then Richard the first king of England did unto the Holy land Was there ever any journey of which followed better success then of that his voyage Had ever Prince more just occasion to hope to pass by another Princes Country without danger or detriment then he had And yet as he returned although he was disguised in apparel to the end he might not be known and pass safely he was intercepted by Leopald Duke of Austria and held a long time in prison by him and afterwards dilivered unto the Emperor And albeit that the Pope and other Princes considering that he was unlawfully detained became Mediators and Intercessors for his liberty yet he could not be delivered before he had endured twenty two moneths imprisonment and had paid better then one hundred and fifty thousand pounds for his Ransom Both our Chronicles and the Scotish Histories report that Iames son unto Robert King of Scotland when his Uncle being Governor of the Kingdom had murthered his Elder brother and purposed to have made him away also was sent by his father into France or into England with letters of recomenmdation unto both Kings wherein the poor and distressed Father besought both Kings to have compassion of his wofull and unhappy estate and to receive and entertain his Son with all kindeness The young Prince after that he had been but a small while upon the Seas not brooking them very well commanded the Master of the ship to land him in England He is presently brought unto the presence of King Henry the first to whom he shewed his Fathers letters The King having perused them called his Councel together they deliberate what were best to do with the Prince some think it good to send him into France others whose opinion was followed perswade the king to detain him as prisoner I might alledge a number of Examples like unto these two but they may suffice to refute this frivolous Objection And the late Queen of Scots might have learned of either these Princes how to have carried her self in the time of her Captivity King Richard was a valiant a mighty and a notable wise Prince His case was lamented of all the Princes of Christendom His Subjects were both willing and able to have constrained his Detainers to deliver him His journey was undertaken for the benefit of all Christendom and therefore it behoved all Princes to be offended with his imprisonment Briefly neither the Duke nor the Emperor had just occasion to detain him and yet during the long and tedious time of his durance he neither sought any unlawfull means to escape out of prison nor practised any treacherous wayes to be revenged of his Detainers The Scotish Prince doubtless was to be pittied The cause of his flight was just and honest and the detaining of him prisoner waâ— rather hatefull then honourable and yet this poor Prince carried himself not onely honestly and faithfully as long as he was prisoner in England but also when our king caused him to attend upon him into France where he might have easily escaped from his keepers or quickly haâ—e procured some violent means to purchase his liberty he continued stâ—ll a faithfull prisoner And was so far at all times from seeking revenge for his hard and long imprisonment that he alwayes thought that he was well and courteously used and in requital of that courtesie when as Henry the sixth Son unto the same Henry who kept him Prisoner was driven out his kingdom he not onely haâ—boured him but also helped to restore him to his kingdom The good carriages of these two Princes condemneth the Scottish Queen and the general custom of Princes as not onely to crave leave when they come into other Princes Dominions but also to provide for their safety and security as long as they shall be there confuteth this foolish this fond this ridiculous and childish Objection It is written of a King of Navarre that when he had occasion to come into England in the four and fortieth year of Edward the Third his reign not to conspire against us but to intreat a League with us and to fight for us he not onely demanded leave but also durst not adventure to come before that the King had sent unto his Realm certain Bishops Earls and Barons to remain as Hostages and Sureties that he should be well used so long as he continued in England And surely Princes have great reason to require such Assurance since many Kings and Princes have been in great danger to be killed yea and some have been killed when they met of purpose to talk of Common Affairs So was Iulius Caesar in danger to have been in conference with Ariovisâ—us so was William Duke of Normandy killed in conference with Arnold Earl of Flanders so was the Duke of Burgundy muâ—thered at a meeting with the Dolphin of France And these examples have made Princes more provident and wise then they were wont to be for that they will hardly be perswaded or intreated to any such Enterviews or if they must needs meet they cause places to be made of
Marcellus before Iulius Caesar he being the onely Judge and Arbitrator of his own cause And it was the custom of the first kings of Rome to hear all causes themselves as well concerning their subjects as themselves until that Servius Tullius the sixth king reserved all publick causes for his own audience and referred his own private matters unto the Senate There was nothing so great or so small saith Suetonius Tranquillus but Tiberius when he began to be weary of managing of publick affairs referred the same unto his Senators And so did Marcus Antonius as Capitolinus testifieth But after that Princes began to grow absolute after that their States became hereditary and they had established a certain order in Judgement then began they to have their Judges who sat as their substitutues as well in other mens as in their own causes as Choppianus reporteth And although they appoint such Judges yet they wrong not their Subjects therein because both they themselves vouchsafe to swear to see their Laws maintained and their Judges are sworn to Judge according unto their Laws But our Queens Majesty was not Judge in the Scotish Queens cause It pleased her to make the high Court of Parliament judge thereof What wrong then was there offered unto her since she had the same Trial which many Kings of England have had As namely Richard the second and third and Henry the fourth and sixth She had not the favour which was shewed unto Subjects or Strangers She should have had a Jury of Twelve Peers to pass on her whereof the one half should have been Englishmen and the other Scots or other strangers This in truth is the usuall and ordinary manner of Tryal for strangers offending within the Queen Dominions But where should such strangers have been had but that they would have been partial on the one side or on the other what course might have been taken for their coming into England And when they were come if she had made as she might have done any manner of exception against them had it not been dangerous to stay the coming of others Had it not been costly to have defrayed their Charges And who should have born their charges The strangers themselves would not have been at the cost The Scotish Queen was not able to maintain them And there was no reason to put her Majesty to such charges It may be that the Spanish King would have been content to have paid their charges Let it be granted yea and those whom he would have sent would have saved her life because they durst not displease him and he must needs have gratified her because she had as she confessed sold unto him her pretensive Right unto the Crown of England Is it likely that six Peers of our Realm would have spared her when six and thirty of the chiefest of our Nobility and of the most discreet Judges and Lawyers of our Realm found her guilty and the whole Parliament condemned her In which Parliament by reason of the Priviledges and Liberties thereof any man might have spoken more freely in her defence then in any other place And was it not seen that before she had endeavoured by so many wayes and means as she did to take away our most gratious Soveraigns life and Scepter that very mean men presumed to speak for her in the Parliament House and were heard with all favour and indifferency And if she had been saved by the Spaniards benefit would he not have used her to our destruction And should not we have lived in continual servitude then which nothing is more grievous unto a good minde nothing more contrary and repugnant unto the nature and quality of a Prince May it be thought that that King who objected unto our Queen in a most disdainfull and dispightfull manner that he had saved her life and that her Majesty was bound unto him for the same when as indeed there was no cause why she should have ever have been in danger to lose her life May it be thought I say that he wouâ—d not have done the like unto the Scotish Queen if she had not been alwayes at his disposition But it was strange that a Prince should be put to death It was not strange in Scotland where more Kings have been slain and murthered then have died a natural death where Alphinus not onely King of Scots but also Heir unto the Kingdom of the Picts was openly beheaded It was not strange in Hungary where Queen Ioan was executed for the murther committed on the person of her Husband It was not strange in France where Bernard King of Italy and lawful King of France was adjudged and done to death It was not strange in Asia where Hercules slew Laomedon for his tyranny and cruelty It was not strange in Spain where Henry the Bastard executed Peter the lawful King It was not strange in the kingdom of Naples where Conrad rightful King thereof was beheaded Briefly it was not strange in the holy Scripâ—ures where we read that Ioshuah discomfited five Kings and hung them all upon trees that Saul was reprehended by Samuel for not kiling Agag King of the Amalakites whom Samuel took and hewed in peeces that Gideon slew the Kings of Midian and that Iehu slew Iehoram King of Israel and Ahaziah King of Iudah There is nothing then strange or without example in the execution of the Scotish Queen unless it be strange that our Queens Majesty was careless of her life when her Subject were careful of the same that she would not hear of her death when they desired nothing more then her death That when the Parliament had condemned her she could not be in treated to subscribe to their Judgment Briefly That when with great labour and many perswasions she was won by her privy Councel and others who were of opinion that Vita Mariae would be Mors Elizabethae as Vita Conradini was thought by the Pope to be Mors Caroli to deliver her Warrant to one of her Secretaries for her death she imprisoned and grievously fined that Secretaryfor sending that Warrant with such speed as he did whereby it seemed that had not the Warrant been obtained when it was she would hardly have yeeled to her execution and by punishing him that was so willing and ready to have her executed it appeareth that her Majesty not onely loved her whilst she lived but also after she was dead and her Highness grave and wise speeches delivered unto her loving Subjects in the Parliament House do testifie how sorrowful and unwilling her Majesty was to consent unto her death although it was there made most apparent unto her Grace that as long as that Queen lived she could not be without continual danger of losing her life This opinion being therefore confirmed to be most true since her death because there have no such Treasons been either intended or practised against her Majesty since as before that time It followeth that her execution gave
we hardly change our opinons and yet when we have changed we stand stiff and obstinate in our new and late received conceits and are very hardly removed from them Insomuch that whatsoever the Childe receiveth from his Father or whatsoever the Grandfather teacheth the Grandchildren that seemeth to be irremoveable and subject to no kinde of alteration A man may therefore boldly say yea swear that the Spaniard let him try all the means he can possible shall never inforce a general change in Religion For since his Father whose power although he should surpass yet he shall never match him in good fortune could not constrain the Protestants in the very infancy of Religion to return unto his profession is it credible that the Son should ever be able to compel far and remote Nations mighty and great Princes manly and warlike people which of late years have forsaken Popery to reassume their old opinions But if any man think him great sufficient and mighty enough to effect his disire let that man consider how many how noble and how learned men the cruel War of Charls the Fifth against the Protestants in Germany the most barbarous cruelty of Francis the First against them in France the bloody five years persecution of Queen Mary in England the Spanish Kings terrible and horrible Inquisition in Spain Italy and Flanders lastly the most execrable and hateful Massacre of Paris hath sent headlong and before their times unto another World And when he hath considered all these let him likewise remember that the more these Tyrants murthered the more the Protestants as though others sprang out of their blood encreased daily If all these shall not content and satisfie him let him call to mind how many years the Wars continued in France and Flanders for Religion with far greater obstinacy then with good success and happiness Lastly Let that man weigh with himself how unlikely a thing it is for the Spaniard to prevail against so many Nations who in almost Thirty years continuance hath not been able to replant his own Religion in a few Provinces of one Nation Besides the rare success and the wondrous events that have alwayes followed the Proâ—estants make me beleeve that their Cause is a good Cause and whosoever so beleeveth must likewise beleeve that were their number smaller their Forces weakerâ— their exprience far more slender then it is yet God that can win with a few as well as with many with the weak as well as with the strong will not onely protect them but also confound their Adversaries How many examples find we in prophane Histories which record that small sroops have oftentimes subdued great Armies and that mighty Kings have been put to flight by weak Princes How can we then but think that the Protestants who are Gods Souldiers who fight in his Cause and are defended by his Forces are able to beard the proud Spainard yea to brave and foil all his Confederates It is no small comfort to have God on our â—ide It is a geat Consolation to sight in a good cause And who can desire better advantage then to contend with and Adversary that beginneth to decline that is ready of himself to fall And is not the Pope and his Kingdom in this case Have not many Nations as I said said long since shaken off the intolerable burthen of his grievous yoke and bondage And do not all States when they begin once to decline sooner fall from the half way towards the end and to their utter destruction then from the beginning of their first declination unto the middest of their downfull Shall not those then that seek to defend Popery do even as a Physitian doth when he laboureth to preserve a very weak and old man from the danger of death Hath not St. Paul said that Antichrist shall perish as soon as he beginneth to be known And if God by the mouth of St. Paul hath pronounced this Judgement this Sentence against him who either can or will be able to prevent or hinder the execution thereof He is now no more able to encounter with Henries Othons and Fredericks great and mighty Emperors He hath no more Kings of France to fight in his quarrels No more Kings of England to be Defenders of his Faith No more Switzers to be Protectors of his Church all these have forsaken him and by Example of these many other Princes have learned not to set a Fig by him Thus the First point is cleared now it remaineth to clear the second and to make it appear that the Spanâ—ard although he could yet he should not constrain his Subjects by force of Armes to change their Religion This point although it hath been already touched in some manner yet it was not so sufficiently handled but that it needeth a more ample Declaration For the better understanding therefore of this Question you shall understand that the Common people which are Princes Subjects never did and particular men although they change their lives yet they leave most commonly behinde them their posterity and their Children which succeed them not onely in their Lands and Inheritances but also in their quarrels and affections Insomuch that there dieth scant any man so bad so wicked so unbeloved but that he leaveth behinde him either children kinsmen or friends who will not onely be sorry for his death but also revenge the same if he chance to be violently or wrongfully put to death This appeareth by the Wars of France and Flanders This appeared most evidently by the Bloody and long Civil contentions that were betwixt Lewis the last Earl of Flanders for after his death the Earldom fell to the House of Burgondy as it did after the death of the County Charles unto the house of Austria and the Citizens of Gaunt who after that they had unadvisedly born arms against their said Earl and began to repent themselves of their folly most humbly intreated the Dutchesse of Brabant the Bishop of Leige and other Noble men to be Mediators of a friendly peace betwixt them and their Earl The Dutchesse and the rest became humble Suitors for the poor Gantois the Earl was obstinate and would not yeeld to their Request unless the Inhabitants of Gaunt would be content to meet him at a place appointed bare-headed and bare-footed with halters about their necks and there ask him pardon and forgiveness which being done he would then pardon them if he thought good The rich Citizens hearing these hard conditions and considering that when they had made this humble submission it was doubtfull and uncertain whether they should be pardoned or no of humble Suitors became most desperate Rebels and as Men careless of their lives resolved rather to die then to yeeld to so unreasonable conditions and with this resolution before they were constrained to leave their Town not above Five Thousand of them issued out of the City and as roaving Wolves seeking for their prey went in a great
is the force of ambition and unsatiabâ—e are the desires of covetous Princes who having subdued one Country seek presently after anoâ—her and when they have conquered that labour to attain unto new Conquests and never leave to inlarge their over large Territories until a small peice of ground incloseth their dead and rotten bodies But it may be said the King of Spain is old but covetousness dieth not but increaseth in old age He is already Master and Lord of many Kingdoms and so many Countries But as I have said the more a man hath the more a man wanteth he being nigh unto deaths door thinks nothing of his death But every Prince before his death would be glad to make his name immortal his Dominions infinite He is a Catholick Prince therfore will hold his words and promises with Catholicks as he hath done hitherto But deceitful men keep touch in small matters to deceive the better in causes of great weight and consequence They may therefore justly fear that he who coveteth Kingdoms that are far from him is not without a great desire of States that joyn and border upon his Dominions and they may well think since he is descended as you shall hear anon of such Predecessors as were ready to take any occasion whatsoever just or unjust honest or dishonest commendable or reprehensible to enlarge their Dominions that he hath learned of them to have the like desires and use the like practises But grant they have no just occasion to distrust him what shall they gain by his friendship what profit shall they reap by aiding and assisting him He called them to help him But when forsooth when his ships were suâ—k bruised and broken some lost and never heard of and those which returned into Spain were so shaken and beaten with weather and Gun-shot that either they will be altogether unprofitable or hardly repaired without great and infinite charges and when his people were either drowned or so terrified that they will have a small desire and less courage to return in England But why implored he not their helps when he went for England with an assured hope and confidence of an happy Conquest of an honourable Victory He was loath to use their help because he thought himself able to aâ—tain his purpose without making them partakers of his glory and now that he hath failed of his purpose he calleth them unto a second voyage intended for a revenge of the dishonour received in his first journey and they must go to recover his credit and to revenge his quarrel who have not as yet righted many wrongs done unto themselves nor wiped away divers foul spots and stains which blemish their own credit And how must they revenge his quarrel Forsooth by sending their best Soldiers into a strange Country by dis-furnishing themselves of Ships and Artillery and by lending him Munition and Mariners who might do well to spare his own people and to reserve theirs to encounter with the common enemy of Christendom Their Ancestors bought peace with unreasonable conditions and at a great price and they shall go to Wars where they have no cause of War Their Predecessors when any Nation dwelling beyond the Alps intended to pass the Alps endeavoured by all means possible to hinder their passage and to keep them at home and they having not felt the forces of such Nations these many years shall for his sake now go about to provoke them Their Forefathers lived quietly at home with their own and they shall disquiet themselves and other men and endanger their own for his cause and his advantage Their Parents never suffered their ships or their Souldiers to depart out of Italy for fear left the great Turk in their absence should invade their Country and they must send their provision and their people to fight against the Heavens against the Windes against the Weather and the Sea for so they sight that fight against England Their hearts may tremble to think of it and that whâ—ch hath happened once may happen again If whilest their Forces shall be imployed in the Spanish kings service the Turk shall assail them at home shall they stay for their strengths until they come out of England Or shall they yeeld themselves unto his mercy and discretion For there is no other way to relieve them or to repel them But it may be said that the Spaniards credit and reputation will be their Buckler his greatness will restrain and repress their Adveâ—iaries Tell me you that think so Is he stronger then hâ—s Father was Hath he ever had better success in the Wars then he And yet in the prime and flower of his years and even when he thought himself free from all danger from all trouble and vexation of the Turks the Turks came to besiege Vienna which is the Emperors chief Seat and a City of as great strength as any other City of Europe They may consider that Armies that go far from home have as I have said seldom good success that enterprises which are unadvisedly and hastily taken in hand seldom fall out well that men being once deceived of their expeâ—ation in any thing that they undertake proceed faintly and fearfully in all that belongeth to that action that to hang good Souldiers and to imploy them in a bad cause and evil quarrel is but to tempt God and lastly that is more grievous that which a man hath already in possession then not to attain unto that which he would fain obtain All these being duly considered they may justly be afraid when they call to minde that their Navy which they shall send into England to help the king of Spain shall pass through many Seas Rocks with many contrary Winds in great Tempests and through manifest and dangerous parils and that their Souldiers shall be sometimes subject to hunger and thirst sometimes be Sea sick and in great danger of other diseases for where many be shut up close together there few can be in health long All this being duly considered they may well be dismayed when they shall remember that the Spanish Fleet which went out of Spain with an assured hope of victory returned with great loss and ignommy And they may be discomforted when they enter into cogitation that the Spanish Navy returning to that place where they were once well beaten and remembring what small relief they had when they were in distress will not onely lose theâ—r courage themselves but also discourage their Italian Souldiers not being accustomed to sight so far from home or on so dangerous and troublesome Seas and with so valiant a Nation as the English Sea and Subjects are They may again be dismayed when they consider that although they should conquer England yet they cannot keep it long because they have no just cause to fight against England And lastly they may be dismayed when it shall come to their mindes and remembrance that the small hope and confidence which they have
the defence of his quarrel wherein many thousands were slain and many more had been murthered had not the Almighty who alwayes favoureth just causes vouchsafed to give the Emperor Lewis grace to take him prisoner in the Field After which disgrace he and his Family had been for ever been undone had not the good Emperor been so gratious unto him as after three years imprisonment to set him at Liberty and to restore unto him the Dukedom of Austria the which he might have returned with more reason unto the Empire then Rodolph had to distract it from the Empire The fourth Emperor of this Family was Albert the second who married the daughter and heir of the Emperor Sigismond and had with her in Dower the kingdoms of Bohemia and Hungary This Emperor ruled scant Two years and therefore did not any good or bad exploit worthy of memory The fifth Emperor of this Family was Frederick the third whose Government was such that his own Subjects with the help of his own Brother Albert besieged him a long time in the Castle of Vienna where they had taken him prisoner had not George king of Bohemia delivered him by deceit and cunning rather then by strength and fortitude For although he came to Vienna with an Army of eight thousand good Souldiers yet was not this Force able to succour him but he was fain to play the Umpier betwixt him and his Citizens and so under a colour of conference called him his wife and his son forth of the Town and when he had cunningly set them at Liberty he conveyed them secretly unto a place of security This Emperor to prosecute a Bishop which was deposed by the Pope raised such troubles in Germany that the Princes thereof were not able to succour the Emperor Constantine of Constantinolpe whom the great Turk Mahomet drove from his Imperial City caused him to be slain before the gates thereof set his head upon a Lance and commanded it to be carried about the City his wife daughters and many other Ladies and Gentlewomen were invited to a banquet after which they were all deflowred and then cut into small pieces as flesh to the pot And lastly in despight of Christ and all Christians he caused the Picture of our Saviour to be set up in the Town with this Inscription Behold the Saviour of the Christians that could not save them Immediately after Frederick succeeded Maximilian and after him Charles the fifth his grand-childe of which two I have already said enough and might say much more to make them more hatefull but I should be too long and over-tedious And yet I may not forget three notable Arguments of of Charles the fiâ—hs dissembling and of his turbulent nature and conditions The First sheweth that he pretended to be a zealous Catholick and was indeed no better then a dissembling Hypocrite The second proveth that although he shewed an outward desire of peace yet he cared not what occasions he took to make war The third declareth that albeit he would seem to love Germany as the Nation from whence all his greatness proceeded yet he sought the advancement of Spain more then of Germany or of his own Family or House of Austria The first point is proved because that having obtained of Leo the tenth great sums of money and ten thousand well appointed Souldiers in regard of his faithfull promise to subvert and utterly overthrow the Lutherans of Germany as soon as he had with those men and that money fully revenged himself upon certain Princes of Germany wâ—th whom he was highly offended and whom he had never subdued had he not had the Popes help he gave over his wars and granted both unto them and all others liberty of conscience wherewith not only the Pope had just occasion to be displeased but his own Confessor took it so grievously that the next time he came to Confession he denied him Absolution This zealous Christian when he had troubled Italy with long and tedious wars not meaning as it seemed to end the same wars without doing some notable action worthy of eternal memory took the Pope prisoner at Rome and kept him a long time in the Castle of St. Angelo And although he would not suffer him to be set at Liberty before he had paid a great Ransom yet he dissembled and handled the matter so cunningly that he caused publick Praises and Supplications to be made unto God generally throughout all Spain for the delivery of this Holy Father and protested openly unto the World that his unruly Souldiers full sore against his will and pleasure being in great distress of money and other necessary provision had sacked Rome and imprisoned the Popes Holiness The second point shall need no other proof but his great malice and continual spight notwithstanding that the Princes of France were in some manner the onely and special cause of his greatness For had not Lewis the eleventh with great cunning policy weakned the last Duke of Burgondy had he not most wisely and providently nourished the wars betwixt him and the Switzers had he not covetously and carelesly set him at variance with the Duke of Lorrain and lastly had he not secretly privily won Nicholas Campobasso to leave the said Duke in the midst of the battel which he fought with the Prince of Lorain a practice not to be forgotten against the Spaniard valiant Charles of Burgundy had never been slain in the Field nor the troublesome Maximilian should ever have inherited his Dukedom by matching with his daughter How sought he continually to perturb and disquiet the peace thereof Which side left he unassaulted Which way to enter into France untried And what cause had he to disquiet France especially after that he had taken the king thereof prisoner and made him yeeld unto all unreasonable demands It is written that many times entering into a serious cogitation of the great slaughters that had been committed in France by him and his Souldiers of the great wrong that he had done to the good and vertuous Kings thereof and of the simple and weak causes that moved him thereunto he was often and greatly troubled in his Conscience and sometimes sought peace of himself and yet the wicked spirit overcoming the good inclination that sometimes guided him he returned presently and without any just occasion unto wars The last point is proved by a Diet and a general Assembly of the States of Germany which he held at Auspurge under a colour to reform and order divers abuses in Religion unto which Diet many great Princes of Germany would not vouchsafe to come because they knew certainly that the reformation of Religion was but the pretence and colour of keeping that Diet but the very end and pâ—rpose thereof was to reverse the order of the Election of the Emperors and to tranfer the Empire from Germany unto Spain The which his intention was afterwards so apparent that although in regard of his brotherly love
and death over their subjects yet he is to be accompted a Tyrant that causeth any of his Subjects to be done to death without having deserved to lose his life and this authority given them by Law and common consent of their subjects tendeth to no other purpose nor respecteth any other end then that sin may be punished and malefactors not permitted to live both to the scandal and detriment of well doers If therefore Escovedo committed no offence worthy of death the King had no power no warrant no authority to take away his life his offence therefore must be known the nature quality and circumstances thereof well examined and duly considered and according as his crime shall fall out and prove to be great or small pardonable or capital so shall the Kings actions seem punishable or excusable All that Antonio Peres his Book chargeth him withal is that he had secret intelligence with the Pope the King of France and the Duke of Guise wherein he was set on by his master Don Iohn de Austria who was the King's Lieutenant General and by vertue of this office represented the Kings own person and was armed with his authority if not in all things yet in as much as concerned the execution of his charge and commission The question then must be whether the Secretary unto such a Lieutenant performing that which is commanded by his master may be taken and condemned for a Traytor Treason hath many branches and is of divers kinds and it would be tedious and troublesome to make a recital of them all And it shall suffice to declare whether any of the actions specified in this accusation be within the compass of Treason He wrote Letters to whom To the Pope Why He was no enemy but a friend to the King of Spain What was the tenor and contents of this Letter Nothing else but that it might please his Holiness to recommend one Brother unto another Why That was an office of kindness and not of treason And for what purpose desireth he to have him recommended Forsooth for the employment in the service and enterprise that was to be made against England Why that service liked the King and proceeded first from him it tended to his benefit it was to be undertaken in revenge of his supposed wrongs against his enemy and all this is no treason And for whom wrote he For Don Iohn de Austria his Kings Brother the Pope's Darling and Turks scourge the Princes of Italies Favourite the Queen of Englands terror and the whole Worlds wonder But he wrote without the King's privity How shall he know that Had he not good cause to think that all that he did was done with the King's counsel and consent Had he not eyes to see and ears to hear and discretion to consider that whatsoever was done against England should be both grateful and acceptable unto the King I but he might think that the King would not be content to have his Brother made a King Why He was his Lieutenant already and so next to a King He had done him great service and was to do him more and so deserved no small recompence he had the Title of a Duke but no Living fit for a Duke the vertues and valour of a King but no possibility to be a King but by his Brothers favour and furtherance briefly he desired that honour and Escovedo perhaps thought the King meant to prefer him to that honour the rather because the King might be led to advance him to a Kingdom in his life time by his fathers example who prefers his Brother Ferdinando to the Empire before he died himself why then be it that he was either deceived in his cogitation or beguiled with the love of his Master or went further then he had warrant to go why lawful ignorance extenuateth the gravity of and as to annoy a Princes enemy so to pleasure his friend was never punishable or at any time accounted treason But when the enterprise against England failed he solicited the Pope for the Kingdom of Tunis but how Not to have it without the Kings good leave and liking And when made he that motion Even then when the Princes of Italy and the wisest Counsellors of Europe stood in fear of the common enemy doubted that Tunis might be recovered by the Turk and therefore thought it meet to have so valorous and victorious a Prince there as was Don Iohn de Austria who having the Kingdom in his own right would be the more willing and ready to defend it and was this desire an offence Or could this motion be counted treason He might have remembred that Don Iohn de Soto was removed from serving Don Iohn de Austria because he furthered him in the like enterprizes But he saw him preferred to a place of greater honour and commodity which gave him just occasion to think that the King rather liked then disallowed his actions Thus you see there is no desert of death in practising with the Pope Now it remaineth to consider how this dealing in France with the King or the Duke of Guise may be justly esteemed a crime capital It appeareth that the French King was then in League with the Spaniard whose Ambassador was then residing in his Court and Ambassadors are not permitted to remain but where there is a League of Amity betwixt Princes The Guisards affection hath been declared to have been always greater towards Spain then towards France And the enterprize of England might seem unto Don Iohn de Austria very difficult yea impossible without some favour without some help from France if then to favour this enterprize he had some secret intelligence with France is he therefore blame-worthy Or hath it ever been counted a fault in a servant or Lieutenant to seek all lawful and honourable ways to bring to pass his Masters desire and purpose Do Princes prescribe unto their Lieutenants or Ministers all that they can do to compass and effect their designs Do they not rather give them a few short Instructions and leave it to their discretion and wisdom to foresee and use other means to further their intentions Is not this the reason why they make choice of wise and discreet men for such employments Is not this the cause that when they send young Noblemen either to Wars or Ambassadors or to forraign Governments they are ever accompanyed with grave and wise Counsellors Briefly Is it not this that moveth them to command that their young Lieutenants Ambassadors or Governours shall do nothing without their Counsellors I know that it is very dangerous to be employed in Princes affairs Danger in conceiving a message and Danger in delivering the same and danger in reporting an answer thereunto And yet be it that a messenger conceiveth not a business rightly that he delivereth not his will and pleasure as he should do and that he faileth in report of his answer to whom he is sent yet he committeth not a
and Antonio Peres his voluntary confession which is a slender kind of proof and especially against a King for exceptions may be made and taken against it As that Antonio Peres bewrayeth his own filthiness and therefore is not to be heard That he is but one witness That he is as Socius Criminis and therefore his accusation of little force and many other like which for brevity I omit and will dispute tanquam ex concessis and have two principal reasons to induce me thereunto The first because I presume that no man will be so impudent as to accuse a King and his own Soveraign to his face and to the view of all the world of a horrible murther unless his accusation were true and tended rather to purge himself then to defame and discredit his Prince The second cause I find that the Spanish Kings friends and favourers have not made any conscience or difficulty to calumniate our Princess her life and actions upon far more slender presumptions then we have of this murther The Author of that seditious Book which was written against the late King of France delivereth it for his resolute opinion That the said King deserved to lose his Crown because he not only consented but also commanded the Duke of Guise and the Cardinal his Brother to be murthered He aggravateth his murther by three principal reasons and instances The first Because they were innocent The second Because they were allied unto the King And the third Because they were massacred by common murtherers These reasons have already been sufficiently reproved Their innocency hath been shewed to be horrible treasons their alliance unto their King not worthy of pardon or commiseration and their death to be warrantable by Law and equity It resteth to make a brief comparison betwixt them and Escovedo and the comparison may be this Escovedo practised with friends they with foes He for the King's Brother they against the King his Brother and all his blood He to the benefit of his Prince and Country they to the hurt and ruine of the King and his realm He with the consent and command of the King's Lieutenant they against the will and pleasure of all the King 's loving and faithful Officers He to reduce the King's subjects to their obedience they to alienate their Princes subjects from their allegiance He to submit strangers unto his Princes Dominions and they to subject their Prince and Country unto strangers He to â—oyn other Countries with the Spanish Kings they to dismember and distract many provinces from the French Crown He was never admonished to desist they were oft-times required to depart from their unlawful League and Confederacy He was cut off before he came to any open action they lived after they had committed many notable and notorious treasons He was accused but of presumption they were convicted by divers and evident proofs He perished because it was thought he would or might have done evil they were not executed before it appeared that they had done too much evil He living could not endanger his Kings life and they if they had not been slain when they were would have shortned their King's days and utterly have subverted his Realm and their Country Briefly his death did the Spanish King no good their punishment had freed the French King and his Country of many troubles and dangers had not a factious and wicked Fryer ended his life before he could see an end of those troubles If ergo the King of France deserved to be excommunicated and deposed for murthering them much more deserveth the King of Spain the like punishment for massacring him although they far excelled him in honour and dignity And if great crimes are to be punished with great penalties small offences with small correction and such as the fault is such is the chastisement I shall not need to prove my opinion with more arguments And if the common and Ecclesiastical Laws have no greater punishment then degradation and excommunication and both of them are equal unto deposition unto death in the Civil Law and if for what faults they may be afflicted by an Ecclesiastical Judge deposition and death may be imposed for the same crimes by a Civil Magistrate Murther being punished with degradation and excommunication in an Ecclesiastical Court Murther must needs be capital before a Temporal Judge But what need I stand any longer upon the proof of my opinion The Author of the before-named seditious Book easeth me of that pain Ergo since the Law saith Such Judgement as a man giveth against another such must he expect and look for himself and he that approveth a witnesses honesty and integrity when he is produced to testifie in a matter for him cannot refuse to take exceptions against his person if he chance to be brought forth afterwards for a witness in another cause against him The Leaguers were the Spanish King's friends who by the mouth of this author have condemned the French King for a murtherer and have thought him worthy to be deprived for those murthers must needs allow the same reasons the same Law the same judgement against the Spaniard Thus the third question is cleared Now followeth the fourth in the handling whereof I shall likewise be eased by the same author for the same examples which fortifie his opinion may serve to confirm my assertion He mentioneth many Princes who were deposed or excommunicated or censured by the Pope for murther The Princes deposed were Ptolomeus Phisco King of Egypt Tarquinus superbus King of Rome Philip King of Macedonia Herdanus King of Castile and Edward and Richard both the second Kings of England The Kings excommunicated by the Pope were Peter King of Castile whom Pope Urban excommunicated because he killed Blanch the daughter of the Duke of Barbon and divers Peers of his Realm Maganus Nicholas King of Denmark who was likewise excommunicated for the murther committed by his sons procurement on the person of Canutus his Nephew And lastly King Iohn of England who incurred the like punishment for causing his Nephew Arthur to be murthered without any desert without any due observance of Law or Equity The same author aggravateth again the French King's murther because the Cardinal was an Ecclesiastical man and a man of great Calling and Dignity and proveth again his opinion by the example of Henry the eighth King of England whom the Pope excommunicated and absolved his subjects from the oath and duty of obedience which they owed unto him because he cause Fisher Bishop of Rochester to be done to death And by the example of Bolislaus King of Poland whom Gregory the seventh not only excommunicated but also deprived him of his Crown and Dignity because he had killed holy Stomlaus But it may be said that the French King killed two and the Spaniard but one that Escovedo was a man of no such quality as the Duke and the Cardinal that their death alone was not the only crime that
was proved against the French King but many other matters as hainous as their murther Briefly that in Kings one fault be it never so grievous may be pardonable a few somwhat tolerable but many must needs be punishable in the highest degree and with the greatest extremity To this I may answer that I have already sufficiently cleared the French King of all that was more wrongfully then truly laid to his charge and that the Spanish King may be charged with many crimes as many as the late King of France but in particular Escovedo his death was an horrible murther but the proceeding of Antonio Peres and his friends made it much more horrible for wherein did Peres offend the King Was it an offence against his Majesty that he fulfilled his commandment in causing him to be murthered whose death he desired Was it a treason not to confess this murther which could not be revealed without the King's prejudice Was it a fault to confess the murther as he was commanded and to conceal the cause as he was willed Was it not a crime punishable to compound with the accuser and to buy his quiet as Peres did with twenty thousand duckets Briefly Was it a sin unpardonable to blemish his own reputation and to impoverish himself and all to please and content the King If all these be no faults then had the King no just cause to be displeased with Peres as he was somtimes friendly other times hardly pleased to day favouring him to morrow persecuting him one while promising him great rewards another while taking from him his own goods and his own substance and if all these be faults whose faults be these Are they not the King 's as well as Peres his faults Nay came they not from the King and not from Peres who did nothing but what the King commanded him what he thought fit and convenient to be done which he not only required him but also promised him great rewards to do But grant that Peres offended the King highly what offence had Peres his wife and children committed that they should be imprisoned and his Son lose his ecclesiastical living Offended they because they became suitors for his enlargement for his speedy and just tryal Had he been a manifest Traytor it was lawful for his wife to sue for his pardon Had she been guilty and consenting to his treason she could have endured no more then he did unless he had been first condemned and the Law favoureth women even in cases of treason because it presumeth that by reason of the infirmity of their Sex they dare not attempt so much as men and had his son joyned with his mother for his fathers liberty that was no sufficient cause to take away his Living For the Law which enjoyneth a childe to prosecute and revenge his fathers death if he chance to be killed upon pain of loss of his childes part and portion cannot but permit him yea either expresly or secretly charge him to do his best and uttermost endeavour to preserve and keep his father from a wrongful and undeserved death And the Cannons which permit not the Pope who is a competent and the highest Judge in any Ecclesiastical cause to take away a Benefice from any man at his pleasure suffer not a Lay Prince who is no competent Judge in Ecclesiastical causes according to those Cannons to make his pleasure a just and sufficient reason to deprive any man of a spiritual Living It is ergo manifest that there was and is great wrong done unto Antonio Peres to his wife and children and this wrong ceaseth not in them but reacheth unto others and not unto mean men only nor in the least kinde of injury For Iohn Don de la Nuca a man of no mean authority a Magistrate the chief Justice of all Aragon must not be lightly punished which had been somwhat tolerable but unjustly beheaded which was extream tyrannie and for what cause If I may not tell you the King 's own letter shall tell you This Letter written by the King unto Don Iohn Alonso contained these short but sharp words Assoon as you receive this Letter you shall apprehend Don John de la Nuca chief Iustice of Aragon and let me assoon be certified of his death as of his Imprisonment you shall cause his head straightway to be cut off and let the Cryer say thus This is the Iustice which the King our Lord commandeth to be done unto this Knight because he is a gatherer together of the Kingdom and for that he raised a Banner against his King who commandeth his head to be cut off his goods to be confiscated and his House and Castle to be pluckt down to the ground Whosoever shall presume so to do let him be assured so to die You see the cause he is a Traytor How is that proved The King said so He gathered together the Commons How doth that appear By the King's Letter He raised a Banner against the King who is his Accuser The King Who the Judge The King What Tryal had he Assoon as he was taken he was executed a Judgement goeth before an Arraignment and Execution before a Judgement Who was the Executioner Don Alonso de Vargas With what solemnity is the execution done Whoso is a Traytor shall die so whoso raiâ—eth the Country shall die so whoso raiseth a standard in the field against the King shall die so all is treason and all is death all upon a sudden and all without due and lawful proof For such a Justice as Don Iohn de la Nuca was could have no other Judge no man else to condemn him but a certain Court called Contes Lateras the King and the States of the Kingdom such a crime as was laid to his charge cannot be heard and determined in Aragon by the King such a sentence as passed against him hath no more power or force against a mans person his goods or his honour then a sentence given by the complainant against the defendant such a King as the King of Spain should be in Aragon is no longer a King if he break the Laws of the Union and of those Laws there are two especial branches the one That whensoever the King breaketh those Laws the Subjects may presently chuse another King The other That all the States and rich men of the Country may assemble together and forbid any rents to be paid unto the King until the Vassal whom the King doth wrong be restored unto his right and the Law which he doth presume to violate be likewise re-established in full force and strength Moreover because there is no other Law and Obligation wherewith to binde a King then with an Oath an Oath is taken of the King at his Coronation to keep those Laws and the Oath is given him with these words We who are able to do as much as you do make you our Lord and King with this condition that you shall keep our Laws and
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
France who are now grown the most absolute Kings of the world were wont to do nothing that was of any weight or consequence without the consent of their best and wisest subjects The Kings of Poland Denmark and Sweden cannot make war against their enemies which is one of the principal marks of Soveraignty without the consent and leave of the States of their Country Crommus in the year 1559. withstood the coronation of their King Frederick until that he had sworn solemnly that he would not condemn any Nobleman to death or confiscate his lands or goods but suffer him to have his tryal by the Senate That all Gentlemen should have power of life and death over their subjects without appeal or without giving the King any part or portion of the penalties or forfeitures that shall be raised and levied of Gentlemens subjects And lastly That the King should not give any office whatsoever without the counsel and consent of the Senate These are hard conditions and presumptive arguments that the King of Denmark may hardly be called a Soveraign and yet Frederick yeilded to these conditions and his Successors have ever since observed them he because he could not otherwise do and they because they thought it not convenient to deny that which he had granted knowing that if they had refused his conditions they should not be received and admitted unto his succession and yet sithence the Nobility encroached herein upon their King I take it to be lawful for his Successors to free themselves as soon as they shall be able from that bondage and scant princely servitude if they be not sworn as the Spaniard is at his Coronation to see these conditions inviolably kept and observed for if they be sworn I hold it not lawful for him to break his oath for men may not voluntarily commit perjury for any temporal commodity and it is far better to endure temporal inconveniences and discommodities then to offend a mans conscience and endanger his soul. All Histories new and old are full of the like indignities offered unto Princes by their subjects as often as the rebellious people have had any good fortune against their Soveraigns and all law and reason permitteth such Princes to redeem their liberty by any means possible so it be not done contrary to their oath or done within a convenient time For though it be true that nullum tempus occurrit Regi yet that is most commonly understood in matters of lands but jurisdiction may be prescribed and there is nothing more common and ordinary then for inferiour officers to prescribe their superiours when they be negligent and careless of their jurisdiction and when an inferiour hath fully prescribed he hath as good right and interest in his prescribed jurisdiction as any prince hath in the authority which his Predecessors have had time out of mind or from the institution of their Kingdoms Be it therefore for that the Nobility of Aragon have had the before-named priviledge from the first beginning of that Royal Monarchy or that they have used the same so long a time as serveth to induce a prescription or that a general custome hath put them in full and lawful possession thereof it is not now lawful for the Kings of Spain unto whom the Kingdom of Aragon descended with all charges and burthens thereunto belonging to revoke and disanul the same priviledges and since that he is bound to observe them because his Predecessors did so and custome bindeth him so to do it is not greatly material whether his oath were well and lawfully taken yea or no and because he hath sworn to keep them he cannot dispense with his Oath or of himself remit the conditions whereunto he yeilded at his Coronation For they that swear to do any thing which they are bound to do although they were not sworn thereunto binde themselves in double bonds to do the same the first of honesty th' other of necessity As if a merchant should swear not to falsifie any merchandizes that he uttereth he is bound to observe his promise in honesty and of necessity in honesty because no conscionable man will falsifie his word and of necessity because his oath made that necessary which was before but voluntary and so forfeited and strengthned the former bond But to come more fitly and properly to our matter what was the point for which Iohn de la Nuca suffered Antonio Peres suffered part of Aragon revolted and many as well good as bad subjects of the Spanish King were slain in Caragoca Was it not the just grief and lawful discontentment conceived for the new course and extraordinary tryal that Inquisitors would and should have used against Antonio Peres Did not this Inquisition breed a tumult in Naples and in Flanders where it brought more to their untimely deaths then there are living creatures in all Aragon Did you not know that this Inquisition was first invented for heretiques and now it is used or rather abused against all sort of offenders all kinds of offences being unjustly and maliciously drawn to the notice and cognisance of the unmerciful and rigorous Inquisitors that serve the Pope for his executioners and the Spaniards for their tormentors Did not Don Iohn de la Nuca and many others know that Ecclesiastical Judges are not to deal in temporal causes be they meerly civil or criminal against private men or for the Prince Did not all the people know or at least might they not have heard that Clergy men cannot be present at a sentence of death much less give such a sentence And briefly Do not all the world know that it belongeth to him to judge who examineth a cause and heareth the merits proofs and circumstances thereof Why then should Inquisitors judge and others examine especially when the Law prescribeth both the Examiners and the Judges and where the party accused desireth the benefit of Law and the supreme Judge is bound by solemn oath to vouchsafe and yeild him the benefit and fruition of his desire But it was the King's pleasure that Antonio Peres should die and when Temporal Magistrates would not Ecclesiastical Judges should condemn him If Antonio Peres his death might have contented and satisfied him why sought he not some friend to make an end of him in the same manner that he dispatched Escovedo for him Had it not been less known to the world less danger to the State less prejudice to his Laws He might have been secreâ—ly murthered with far less trouble then openly condemned and his injustice in poysoning him should have been known but to the murtherers whereas his iniquity in condemning him could not be but apparent unto the fight and view of all the world but his ingratitude unto Antonio Peres for the pleasure done him by taking away Escovedo his life made others unwilling and fearful to pleasure and gratifie him with the like vilany Alas poor King that could not finde one in the whole
and the Chastilians and Montmorency then those competencies were nourished by the Spaniard for his benefit and not to subvert the protestants and that the King might and would easily have reduced all his subjects to one Religion had not the Spaniard hindred his course for even towards his latter days perceiving that wars were not the right and ready means to subvert the protestants he took another way which was to forbid them to resort to the Court or to enjoy any Offices Dignities Governments or Benefices whereby he mâ—de the old Hugonots cold in their Religion and to suffer their children to become Catholiques that they might be admitted as well as others unto Honours and that very few or none that were not protestants before fell to the open profession of their Religion which course if it were taken with both kind of Recusants in England would sooner call them home then other courses that are taken against them Again The same Author thought the French King worthy of deprivation because he was in his opinion disloyal and not trusty unto his old and ancient friends and favoured not the House of Guise so much as they deserved the which crime may very well be returned upon the Spanish King who when he might have pleased one of his best friends and one of the mightiest Kinsmen that he had refused to pleasure the one or the other when the pleasure done unto them should greatly have benefitted all Christendom For when as Pope Gregory the thirteenth purposing with the aid and assistance of certain Christian Princes to have undertaken a sudden enterprise against the Turk to the benefit and augmentation of Christendom prayed the Spaniard to have some help and succour he not only refused to send him any manner of help but also would not lend him any of his Gallies which the Pope offered to have entertained and sent to that enterprize at his own charges But this unkindness was nothing in respect of the discurtesie and disloyalty which he shewed unto Don Sebastian late King of Portugal the which unnatural and unkinde practise all Christendom hath occasion to lament for when as Sebastian intending to aid Muly Mahomet King of Fez and Morocco against Muly Malucco his brother who had driven him out of his Kingdom which intention by reason of the profitable composition which Sebastian had made with the said Mahomet had greatly advanced all Christendom required the Spaniard his Uncle to give him help towards this honourable action he promised to furnish him with fifty Gallies well appointed and with four thousand fighting Souldiers The which when Malucco heard he offered him presently certain Maritime Cities if he would not assist his Nephew the which condition the covetous Spaniard accepted and was not ashamed to forsake his own Kinsman and a Christian King and entred into League with a barbarous Infidel But he was rewarded accordingly for when he sent Vernegas his Ambassadour to take possession of the City Zaracha and of other Towns that were promised unto him The Barbarians mocking him for his covetousness and disloyalty made his Ambassador to dislodge with cannon shot But he forsook his Nephew as some say of purpose knowing that for his honour and the maintenance of his promise Don Sebastian would adventure himself in that enterprize although he had not help from the Spaniard and so losing his life in defence of so honourable a quarrel leave him a great possibility to attain unto the Kingdom of Portugal which fell out as you have heard according to his expectation Lastly The same Author concludeth the French King to deserve to be deprived of his Crown because he was in his opinion a Tyrant But you shall hear the marks whereby a Tyrant is known and then judge whether he or the Spaniard may best be called and reputed a Tyrant Bartol in his short Treatise of Tyrannie setteth ten principal observations to know and discern a Tyrant from a good and just King which he took out of Plutarch his book de Regimine Principum First Such Princes kill the mightiest men in their country that they may not rebel against them Secondly They keep their doings hidden and secret from wise men that they may not reprehend their actions and provoke the common people to rebellion Thirdly They suppress Learning and the Students and Professors thereof left they should wax wise and dislike their unlawful proceedings Fourthly They suffer no great meetings or general assemblies of their Subjects lest that they should enter into some conspiracy against them Fifthly They have their spies in every corner and place to hearken and observe what men say of them for knowing that they do not well they alwaies fear to be ill spoken of and therefore they entertain those spies very willingly Sixthly They maintain their Subjects in Divisions that the one part standing in continual fear of the other both may be afraid to rebel Seventhly They keep their subjects as low and poor as they can possible that being continually occupied and busied in getting their livings they may have no time or leisure to conspire against them Eighthly They nourish wars and send their souldiers afar off from home because that by wars their subjects are impoverished and they provided of sufficient souldiers to defend them in their unjust quarrels Ninthly They have their guards of strangers and not of their own subjects because they stand in great fear of their own Lastly When their subjects are divided they favour the one part that the other may the more easily be destroyed by their help These be the properties which Bartol examineth in this manner to kil Noblemen and not to spare his own brethren is the action of a tyrant unless the murther be grounded upon a just occasion to suppress wise men is likewise tyrannical except they commit some offence worthy of death to hinder Learning is not a work beseeming a just Prince unless he doth forbid the study of such Sciences as are not lawful and fit to be entertained in a Christian Commonwealth to permit no assemblies of subjects argueth tyrannical inhumanity if their assemblies tend not to evil purposes to entertain spies may be lawful if it be for the punishment of sin and not for the suppressing or false accusation of good and loyal subjects to nourish divisions can in no wise be commendable because a good Prince should procure his subjects peace quiet and tranquility to impoverish subjects is simply most unlawful for that the wealth of their subjects is the riches of good Princes and good Kings will rather labour to enrich them then to impoverish them to comfort then to afflict them to succour then to leave them succourless to procure forraign wars for any other cause but to avoid wars at home is a manifest argument of a notable Tyrant and especially if his wars be unjust to have a guard of strangers may be lawful if a Princes subjects may not be trusted if they have been such
therefore follow That there is no Superior out of France who either hath or could bestow his priviledge upon France And it appeareth by their own Histories That there hath been nothing done within the Realm whereby their Kings have been forbidden to dispose their Kingdoms by their last Wills and Testaments For Dagobert King of France in the presence of the principal Lords and Prelates of his Realm made his last Will and Testament and therein gave the Kingdom of Austrasia unto his Son Sigisbert and the Kingdom of France unto his Son Cloius Likewise Charlemain by Will and Testament divided his Kingdom betwixt his three Sons He gave unto Charles the best and greatest part of France and Germany unto Pipin Italy and Baivera and unto Lewis that part of France which confineth and bordereth upon Spain and Provence And caused this his Will to be ratified confirmed and approved by the Pope and intituled his Sons with the names of Kings It is also written by French Historiographers That Philip de Valois who contended with Edward the Third for the Crown of France ordained by his last Will and Testament that Iohn his eldest Son should succeed him in the Crown and that his second Son Philip should enjoy for his part and portion the Dukedom of Orleans and the Earldom of Valois Now these three Kings being of three Races of the French Kings Dagobert of the Merovingians Charlemain of the Charlemains and Philip de Valois although not directly yet collaterally of the Capets which are the three only Races that ever were in France and they having disposed of their Kingdoms in manner as is a foresaid it may well be presumed that others before them have or might have done the like especially since there is no Law to be shewed which forbiddeth Kings to bequeath their Kingdoms by Will and Testament The sixth and last Objection which is made against this Contract is That Charles the sixth could not lawfully dis-inherit his son who by the custome of France was lawful and apparent Heir and could not for any cause whatsoever be deprived by his Father or by any other of that right which belonged unto him by the ancient Priviledge of France In this Objection there are two things intended The one That the Kings of France cannot deprive their Sons or next Heirs for any occasion whatsoever of their Right Title and Interest to the Royal Crown and Dignity The other That the next of the blood Royal according to the Custom before mentioned must of necessity succeed and enjoy the Kingdom This Obâ—ection is in my simple opinion of greatest force because I read not in all the Histories of France that ever any King thereof but Charls the sixth did dis-inherit his Son True it is that Charles the seventh was thus dis-inherited being plagued by God for his disobedience towards his Father with a Son as undutiful and disobedient in all respects as himself was sent unto the Pope to advise him how he might dis-inherit his eldest Son who had divers times rebelled against him and bestow the Kingdom upon his second son in whom he never found any manner of disobedience but the difficulty is resolved by this reason following For if a Kingdom may be given by Will and Testament as is to be presumed that it may also be taken away from one and bestowed upon another when there is just cause given by him who layeth claim thereunto why he should be dis-inherited especially when as there is no such necessity of successive inheritance as hath hitherto been mentioned And in case it be doubtful whether a Kingdom may be taken from the right Heir and be bequeathed unto another the custom of the Country in private mens Inheritance is to be considered because most commonly such as the Law is in part such it is in the whole and for that generally the Nobility of every Realm who regard the conservation of their Honour and Dignity in their Families no less then Princes do the preservation of the Royal Authority in their Posterity do follow and imitate the manner Law and Order of their Kings touching the disposition of their Kingdoms And even as they usually dispose of their Principalities so do the other of their Baronies and inferior Estates by what Name or Title soever they be called If therefore it can be shewed that any of the chief Nobility of France have at any time dis-inherited their lawful Heirs it may justly be presumed that the Kings of France may do the like when the like occasion is offered unto them The Lords of Bearne have time out of mind been of such power and might in France that the Kings thereof have in all Ages made great account and reckoning of them And the present King of France is Lord thereof and by his Adversaries the Spaniards who will hardly vouchsafe him the name of a King of France or of Navar because they take him to be lawful King of neither of these Kingdoms is commonly called in their Writings Lord of Bearne The Earls also of Foix have beyond the memory of man been of such worth and estimation that it is written of them when they were also Lords of Bearne they cared neither for the King of Aragon nor for the Kings of Navarra for they were able upon any urgent occasion to keep more men at Arms at one time then both those Kings could make at two several Levies Both these Lordships or Seigneuries are now under the Kingdom of Navar and the principal members thereof and the Lords and lawful Owners of each of them dis-inherited their next and lawful Heirs only for ingratitude and unkindness towards them for the French Histories report that Gaston Lord of Beaâ—ne had but two Daughters the eldest of which he married unto the Earl of Armignack and the younger unto the Earl of Foix who was Nephew unto the King of Aragon It fortuned that the said Gaston had Wars with the King of Spain wherein he desired help of the Earl of Armignack who refused to succour him and the Earl of Foix holp him with such power and force that he enforced the King to very reasonable conditions of Peace in recompence of which service Gaston made the Earl of Foix his sole Heir and caused the Nobles and Gentlemen together with all other his Subjects to confirm and ratifie his Grant whereupon followed great strife and contention between the two Earls It is also written in the Chronicles of France that in the year 1391. The Earl of Foix because his Son by the consent and counsel of the King of Navar went about to have poisoned him gave his Earldom from him to the King of France who presently bestowed the same upon the Earl of Candalles Here you see two Heirs dis-inherited by their Father whose Act was generally reputed and held lawful Now you shall see the like cause in Charles the seventh and why should it
not be thought lawful for his Father to inflict upon him the like punishment The one of them denyed his Father in law such help as he demanded The other purposed to have poysoned his own Father The unkindness of both was not in all degrees equal yet their punishments were in all respects alike The Father of the one incurred no loss by his Son in lawes disobedience and the Father of the other lived not a minute of an hour the less notwithstanding his sons wicked purpose But Charles the 6ths case was in many respects lamentable and his Sons ingratitude for many causes worthy of greater punishment then the loss of a Kingdom for the murdered the Duke of Burgundy one of the chief Peers of France and when he was summoned by Proclamation to shew some cause before his Father and the Nobles of France why he had committed so horrible a murder did not only not appear at his Fathers Summons but also defended his cruelty in killing the Duke and his disobedience in not appearing at his Fathers Commandment by force of Armes For which unnatural Rebellion not his Father alone but the whole Council and Nobility of France gave judgement that he should be banished the Realm and reputed unworthy to succeed his Father either in the whole Kingdom or in any part or parcel thereof which done and Judgment being both begun and ended with all such solemnities as in the like cases are required must of necessity be held and reputed most just and equal since both Law and mans reason neither hath not can invent any better means to chastâ—se and correct the unnatural disobedience of rebellious children towards their Parents then by depriving them of their Patrimony descending from their Parents And if Princes should be debarred of this manner of correction they should be in far worse condition then their poorest Subjects for Princes Children having more occasions to lead them to wickedness then their Subjects Children have if they should not be restrained by dis-inheritance would undoubtedly go far beyond all others in lewdness and unhappiness because Princes and Noble-men whether they give themselves unto vertue or unto vice most commonly excell the meaner sort in both as it may evidently appear unto such by reading the lives of Princes and Peers of all Realms and Kingdoms shall find such rare Presidents of vertues and vices in them as far exceed mans reason or will hardly be credited or beleeved of any man Was there ever any private man comparable to Nero for cruelty or to Vespasian for mercy to Solomon for wisdom or to Childerick of France for folly to Trajan for goodness or to Cambyses for murder to Tarquin for pride or to Lewis of France for meekness to Caesar for liberality or to Caligula for avarice to Marcus Aurelius for moderation and temperance or to Commodus for prodigality and dissoluteness Briefly to Antonius and Titus for lenity and clemency or to Dionisius and Tiberius for rigor and severity For undoubtedly as long as the provocations to vices and the allurements to vertues are more and greater in Princes then in private men so long will the one far exceed the other in vertues or in vices Then since it is behoveful for every Common-wealth to be ruled by good Princes it must also behove good Parents to be careful to leave good children to succeed after them and not to be so affected to the eldest of their children because he is the first of their strength as to make him and no other but him their sole Heir and Successor although he alone be wicked and ill given and the rest wise discreet and vertuous so he unworthy to Govern and they most fit to Rule because he would overthrow and they uphold the whole Estate and Kingdom The Consideration hereof moved the good Emperour Marcus Aurelius who had a good and a bad Son when he was visited with a Disease that was mortal greatly to lament his own death not because he was loth and unwilling to dye knowing as he did that death was the end of all miseries and the beginning of everlasting felicity but for that he was bound by the custome generally and time out of mind received and allowed by his Predecessors contrary to his will and desire to leave the Empire of Rome which had been ruled a long time by his many years and great experience to be Governed and Ruled by the indiscreet youth and youthful indiscretion of his bad Son Commodus The Consideration hereof caused Iames King of Aragon and Sicily to perswade his eldest Son Iames who was more fit to live sequestred from the company of men in a Monastry then to sway a Monarchy to leave the world and betake himself to a Monastical life suffering his second Brother Alphonsus upon whom God had bestowed sufficient gifts and qualities capable of a Kingdom to succeed his Father in both Kingdoms The Consideration hereof induced Robert King of France to make his second Son Henry his Heir and Successor in the Kingdom because he knew that God had endowed him with a far better spirit and wit more fit to Command and Govern then his eldest Son Robert had upon whom he bestowed the Dutchy of Burgundy The Consideration hereof moved not only Lewis surnamed the Gross King of France but also all the Peers and States of the same Realm to make Lewis his second Son King because Robert his eldest Son was by him and them for want of judgment and understanding judged unfit and unworthy to bear or sway the Crown of France and therefore he and they held it sufficient to bestow upon him the Earldom of Dreux Lastly the Consideration hereof moved Dagobert King of France to intreat Sigisbert his eldest Son who not being able in his opinion to Rule and Govern so great a Kingdom as France and yet desirous to have the name of a King to be contented with the small Kingdom of Austrasia and to resign and give over his Right and Title to the Kingdom of France unto his younger Brother Clouis Considering therefore That the Gifts which are required in a Prince are many and very difficult to be attained That very few have wit and wisdom sufficient to govern a Kingdom That of these few some use their wits to attain to their purpose and when they have gotten their desire leave both to be wise and vertuous as I could declare by many Examples if it were not to digress from my purpose And lastly that the vertues of the Parents are obscured and blemished by the childrens vices and the Predecessors Conquests are oftentimes either lost or diminished by the Successors folly and pusillanimity It were a shame for the Father a detriment to the Common-wealth a wrong to the Kingdom and an injury to the vertuous child where there is a good Son to succeed a vertuous Father to bind the same Father to leave little or nothing to his good children and a whole