lay and inflict upon him The Pope sendeth two Cardinals into England before whom the King sweareth that the Murther of the Archbishop was undertaken and performed without his consent and privitie And yet because he confessed that in his wrath and anger he had spoken some words that might perhaps embolden the Malefactors to committ the same he could not be Absolved before he promised to give the Cardinals so much readie money as would maintaine 200. soldiers for a year in the Holy land and also that all his Subiects should have libertie to appeale from his Courts unto Rome a great punishment for a small offence For what a trouble and grief was it thinke you unto the Subjects of this Realme to have all causes carried unto Rome where they spent their travel and their money many years before they could be ended and received no indifferent Iudgment because their Contentions were for the most parâ— as you shall heare with Italians who found better favour either for money or for love then our Countrimen which were meer Strangers unto the Judges But these griefs are nothing in respect of those which we endured in the time of Henry the third the which were so grievous that the King together with the Clergie and Nobility complained thereof unto the generall Councell which was held in Pope Innocent the third his time at Lyons They complained first that the Pope not being contented with his Peter-pence did newly exact new contributions of the English Clergy and still intended to extort more and more from them contrary to the ancient Customes and Liberties of England Next that the Patrons of Churches when they fell void could not present fit Clerks unto them as by grant from the Pope they might do but their Churches were collated unto Italians who understood not our Mother tongue and therefore could not instruct their People whose Soules for lack of discipline and good instructions perished Thirdly they complained that the Pope imposed upon their Churches more Pensions then he had formerly promised to take of them and leavied divers taxes within this Realme without the Kings knowledge or consent Fourthly and lastly that Italians succeeded unto Italians in the best Benefices and Ecclesiastical livings of England Of which followed these Inconveniences First there was no Hospitality kept for the releif of the Poor Next the word of God was not preached to the edifying of mens Soules their divine Service was not celebrated to the comfort of mens consciences and lastly churchâ—s were not repaired to the benefit of their next Incumbents It was further shewed that the Clergy of England was enforced to maintain and arme some Ten Souldiers others five and others fifteen to bee sent with sufficient Armor and horses to serve the Pope in what place soever it pleased him Again it was declared that although there was an Ancient priviledg in England that no Legate should come into the Realme unless the King required and allowed him yet they came continually one after another and the later still exceeded the former in troubling and overcharging the Realme Moreover it was proved that besides the Popes Tributes and Subsidies Italians held Benefices in England to the yeerly value of 60 Thousand marks and transported out of the kingdom tâ—e most part of that money to the great impoverishment of our Country Neither were these griefes so lamentable but that it grieved all estates in our Country much more that our best wits for lack of such preferment as was due unto Learning were fain to leave the Universities and to betake themselves unto Mechanical Trades and such Occupations as were not fit for men of their Gifts and capacities whereby our Realme was almost induced unto a very Barbarisme The Ambassadors that made this complaint were men of great dignity mature Judgment and of exceeding great learning But what could they prevaile in a Councell where the Popesâ— Faction was so strong that at the very self same time he deposed the Emperor Frederick and sent away our Ambassadors greatly discontented For he gave them a chargâ— streightly to command all Bishops in England to set their hands and seales to that detestable Charter which King Iohn made to the Pope for a yeâ—rly pension to be paid unto the Sea of Rome unto which commandement all the Bishops more indiscreetly then wisely shewed themselves most obedient But the King protested that although the Bishops had bowed their knees unto Baal yet he would stand stoutly in the defence of the Liberty of his Realme and would never pay any yearly pension unto Rome under the name of a Tribute I might here take occasion to tell you how this Tribute grew but you must remember that I have already touched the same somewhat in all that may be said in the behalf of the Pope and for the maintenance of that Pension it hath been lately confuted in a leamed Treatise called Anti-Sanderus I might also proceed in declaring other inconveniences which our Realme hath endured by our voluntary subjection unto the Pope But these may suffice to commend those our Kings for their wisedome and magnanimitie which cast off that yoke amongst whom there are none that deserve greater commendation then the Queens Majesty that now raigneth and her Noble Father and godly Brother For some of their predecessors indeed permitted not the Pope to overcharge their Subjects but they have discharged them of all kind of Grievances which he was wont to put them unto and have both wisely and boldly excluded him and his Authority which he wrongfully usurped Whereat both his Fatherly reverence and our Romish Sâ—ctaries so much repine that they cry out with open mouth that it is against all Reason all Divinitie and Scriptures that secular Princes should have and arrogate unto themselves any manner of Authority in Ecclesiastical causes This and the Substraction of such Taxes and Impositions as the Sea of Rome was wont to impose upon the Englâ—sh Clergie are the true and only Causes why the Pope thundereth his Interdictions and Menaces against our Gracious Sovereigne and her kingdom although he pretendeth that her dissent and diversitie from his Religion only moveth him to excommunicate her Majesty You have heard sufficient Reasons to justâ—fie the taking away of those duties and services And the same might be warranted by the Examples of many Forreine Examples who upon the like occasion have done the like But I may not handle every matter that is worth the handling in this discourse which already is grown to be far large then I thought it should have been And yet considering the Impudency of our Adversaries in denying all kind of Authority unto Temporall Princes in spiritual Causes and for satisfying you somewhat in that point who especially Charged me to yield you some satisfâ—ction therein I will in few words and by a few Examples fetcht from the holy Scriptures prove unto you that this her Majesties proceeding in Ecclesiasticall Causes is waranted by holy Scriptures
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—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
his short abode in Poland Thus I have freed him from suspition either of Heresie or of any favor shewed unto Hâ—reticks whilst he was abroad Now lâ—t me examine his liâ—e at home and see whether untill his dying day he might be justly â—axed or touched with the crime of Heresie He came to Lyons about the 9 of September in the year 1574 where the Queâ—n his Mother the Duke of Alencon his Brother the King of Navarre Charles Cardinal of Guise and others met with him The 10 of September a short space of recrâ—aâ—ion and solace after so long a Journey he falleth to consult with all those before namâ—d what meanes were best to be used to renew Waâ—rs against those whom they termed Hugonetts he beseigâ—th Pusania upon the Roane and taketh the same the 5 of October assaulteth Mombrim laieth seige to Lioron and never left in the dead of Winter to Warr against the Protestants untill he took a little Truce during the solemnitie of his Coronâ—tion Not long after his Coronation there came Ambâ—ssadors unto him from the Switzers to intreat libertie of Conscience for the Protestants of France They are heard with small favor and their Petition rejected with so great indignation that the Queeâ— Mother was fain to pacâ—fie her son in hâ—s great rage and fury The Protestants require ayde out of Germany Duke Casimer cometh into France The Prince of Conde groweth strong the king of Navarre flieth from the French Court unto him the Catholicks want money the Pâ—pe sendeth them 400000 Florins The Duke of Guise is sent to meet with Casimir either to repell him with force or to deceive him with policy and becauâ—e they feared the king of Navarre diverse waies and meanes are practised â—o make him suspected unto the Prince of Conde immediatly after the Duke of Guise followeth Mounsieur the kings Brother with greater troupâ—s but both he and the Duke finding themselves not able to encounter with the Pâ—ince of Conde and the Duke of Casimir Mounsieur receiveth the Duke with great Friâ—ndship in Burgony and talketh very familiarly with him To be short the king and Queen and Casimir meete a Peace is concluded all offences are forgiven and liberty of conscience is granted to be used in all places saving Paris The Duke Casimir depâ—rteth and hee is no sooner gone but the Catholicks cry out against this peace the Citizens of Paris tread the Articles thereof under their feet A generall Assembly is called at Blâ—ys The king of Navarre the Prince of Conde and the Mashal Damule come not to this Assembly The Articles of the beforenamed Peace are abrogated and a full resolution is taken to subvert the Protâ—stants or to enfoâ—ce them to receive the Counsell of Trent The Decrees of this Assembly are sent to the Prince of Conde and they are required to subscribe unto them which they refuse to do The king is discoâ—tented and sweareth not to leave untill he hath uâ—terly overthrown the Protestants Hee writeth unto Duke Casimir and unto the Lansgrave of Hesse requiring them not to give any more succour unto the Prince of Conde The one answereth the king gently and prayeth him to keep the late concluded Peace and the other threateneth that if the same be not observed to return into France with far greater strength then he brought thither the year before New troubles begin but are quickly ended by reason of Mounsiâ—urs going into Flanders and taking upon him the defence and Patronage of that Country This is the kings behaviour and carriage before the holy League the which beginneth in the year 1585. Of this League three especial causes are pretended The Troubles of France the kings sterility and the right of succession which belongeth unto the king of Navarr By the confederates in this League these things are required That the Catholick Religion and the Nobility that professed the same may be restored unto their ancient dignity That a Parliament might be called that Tributes may be gathered for the king and the kingdom that extraordinary exactions may be mitigated that evâ—ry third year a Parliament may be held And lastly that an Army of 16000. footmen and 3000 horse may be gathered and maintained with the kings treasure against the Hugonets and the same Army to be lead by the kings own person or by the Duke of Guise as his Lieutenant General They set foâ—th an Apology containing their Griefs and these Petitions and end the same with a promise to lay down their weapons if the king will be content to subscribe to these Articles and to overthrow the Protestants The king of Navarr finding himself to be the mark whereat these Leaguers shot published his Apology proveth himself to be no Heretick Apostate Persecutor or Rebel sheweth that the Duke of Guise is the onely Perturber of the peace and quiet of France and that he cannot feel the wound thereof because he is a stranger and lastly for the ending of all troubles without more effusion of blood challengeth the combat The late King published likewise his Answer to every Article and promiseth that all these things shall be done answerable to Gods Word and the prescript rule of Justice praying the Leaguers that since both he and the Queen are yet young enough to have children and that children are the Gift of God they will not rashly think him to be without all hope of children Here I might trouble you with the rehearsal of many examples of many Rebels like unto these who when their demands have been so reasonably answered as these were desisted from wars or had but an evil issue But I must restrain my self and labour to be short otherwise I shall be both too long and tedious What could a king nay the most absolute king of the world the mightiest king of Europe do more then this king did Or what would they require more at this kings hands then he performed He entered not into this League would not be one of their confederates Hinc nostri fundi Calamitas But he seemeth to allow the proscription and disinheritance of Navarr he banisheth all Protestants out of the Realm he answereth the king of Denmark who becometh a sutor for them that he neither can nor will have Peace with them he writeth to the Prince of Germany who likewise intreated his favour for the Protestants That he knoweth well enough what to do without their counsel and marvelleth that they have so great leisure as to meddle with other mens matters and especially with such things wherewith they have nothing to do This is not enough He provideth an Army against the Protestants he sendeth to encounter with the Forces of Germany that were coming into France to succour them The Duke of Guise overthroweth them and the kings Brother-in-Law the Duke of Ioyesa is overthrown by the king of Navarr with the loss of his own life and of 12000. of his Souldiers The Duke of Guise made proud and insolent with this victory
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
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
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
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