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
Recaredus King of the Goths and of Spain was the first King that expelled the Arrian Heresie out of his kingdom and expresly commanded all his Subjects to receive and profess Christian Religion Whereby it appeareth that Spain lived from the time of St. Iames and St. Pauls being there until Recaredus his Raign which is better then four hundred years in manifest and manifold Heresies a crime which cannot be proved to have been in England or in many other Nations after they had once submitted themselves to the Doctrine of Christ and his Disciples Lastly if Spain will still continue to brag and say that their King Ferdinand was entituled by Alexander the sixth by the name of the Catholique King they may leave to boast thereof when they shall hear that Henry the eighth our King not much after the same time was surnamed by Leo the tenth Pope of Rome Defender of the Catholique faith and that the Switzers for their service done unto the same Pope Leo the tenth received of him the Title of Helpers and Protectors of the Ecclesiastical Liberty a Title in no respect inferiour unto that of Spain And lastly that Clouis King of France above nine hundred years before their Ferdinando the fifth was honoured with the Title of The most Christian King A Title as for Antiquity so for worthiness better then the other because the French Kings for the worthiness and multitude of their deserts towards the See of Rome are called Primâ—geniti Ecclesiae the eldest Sons of the Church of Rome Now from their faith towards God to their fidelity towards their Princes a matter sufficiently handled and therefore needless and not requiring any other confutation then the advantage that may be taken of Vasoeus his own words for if they have been faithful unto forrainers and strange Princes and have submited their necks unto many several Nations it argueth inconstancy fellow-mate to levity which is either a Mother or a guid unto disloyalty because light heads are quickly displeased and discontented minds give easie entertainment unto rebellious and treasonable cogitations To conclude then this Point with their learning let me oppose a Spaniard unto a Flemming a man better acquainted with the vertues and vices of his own Country then a stranger a man who giveth his Testimony of Vasoeus and of the cause of his writing of the Spanish History Iohn Vasoeus a Elemming seeing the negligence of the Spaniards and how careless they were to commit to perpetual memory the worthy exploits and actions of their own Nation began of late years to set forth a small Chronicle Why then the Spaniards are negligent they are careless of their own commendation so thought Vasoeus or else he had not written their History so saith Sebastianus Foxius the man whom I bring to confute Vasoeus the man who by attributing as you have heard more unto himself then any modest man unless it were a bragging Spaniard would do giveth me occasion to think that he will not derogate or detract any thing from the praises due unto his own Country This man therefore in his before mentioned Book speaketh thus of the learning of Spain Our Country men saith he both in old time and in this Age having continually lived in forrain or domestical Wars never gave their minds greatly unto study for the rewards of learning in our Country are very few and they proper unto a few paltry Pettyfoggers and our wits being high and lofty could never brook the pains that learning requireth but either we disdaining all kind of study give our selves presently to the purchase of Honours and Riches or else following our studies for a small while quickly give them over as though we had attained to the full and absolute perfeâ—tion of learning so that very few or none are found amongst us who may compare for learning with the Italians or have shewed the ripeness and sharp maturity of their wits in any kind of any kind of study You have heard two contrary opinions touching the Spaniards learning I leave it to your discretion to follow and beleeve which of them you please and withal to consider by the way what manner of Ecclesiastical Discipline and Government we should have if the Spanish ignorant and unlearned Clergy might as they have a long time both desired and endeavoured prescribe Laws and Orders unto all the Churches of Christendom The favourable Assertions in the behalf of Spain being thus briefly refelled it remaineth now to make a conjectural estimate of the Spanish present Forces by an Historical Declaration of the power thereof in times past and because it were over tedious to trouble you with the recital of such forces as Spain hath imployed many hundred years ago in her own defence or in disturbance of her forrain enemies abroad I will restrain my self unto such a time as is within the memory of man and especially unto the Raigne of Charls the fifth For as I take it Spain was never for this many hundred years so strong as when the said Charles was both King thereof and Emperor And albeit Piero Mexias in the life of Gratianus the Emperor attributeth so much unto Spaniards as that he more boldly then truly affirmeth that the Emperor flourished more under Spaniards then under any other Nation whatsoever and alledgeth for proof of his Assertion the flourishing Estate thereof under the before named Charles the fifth Yet I think that the Empire being added unto Spain rather beautified Spain then that Spain being conjoyned with the Empire did any thing at all illustrate the majesty of the Empire because as little Stars give no light or beauty unto the Moon but receive both from the Moon so a lesser dignity being joyned to a greater addeth no reputation thereunto but is greatly honoured and beautified by the conjunction thereof neither redoundeth it much in my simple opinion unto the honour of Spain or of the Empire that Charles the fifth was Emperor Spain is not greatly honoured thereby because Charles the fifth was a Flemming and no Spaniard and Spain came unto him as I have said by marriage with the heire of the Kingdoms of Arragon and Castile and the Empire was rather disgraced then honoured by the said Charles because he being born in Gaunt was not onely a vassal and natural-born subject unto the King of France but also unto the See of Rome for all the Dominions Lands and Seigniories which he had in possession saving those which he held of France and the Empire But Charles the fifth such an Emperor as he was and undoubtedly he was a very mighty wise and politick Prince never brought into the Field against any of his Enemies whatsoever so great forces and so mighty an Army as might worthily be called invincible by which name the proud and bragging Spaniards baptized their late Army against England This Emperor being as you may conjecture and perceive by that which hath been already said both Ambitious and Warlick
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
she might happily be enabled to maintain either all or part of the Expences of those Wars with his Treasure And having learned of men of great experience what Forces would suffice to effect her desire and purpose thought it superfluous and needless to send thither greater strength then they not unadvisedly required And albeit neither her Majesty nor the Lords of her privy Council were ignorant that the Indians were far stronger then when they were first conquered And therefore that such a Navy as was first sent thither could not work the like effect there yet both her Grace and they thought it not meet to employ any more of her own or of her Merchants Ships in that service lest that the Spanish Fleet which was expected in England many years before it came coming upon her Realm in the absence of Sir Francis Drake and his Consorts should not have found the same sufficiently provided to make such resistance as was needful For as it sheweth courage in a Prince to give the first on-set upon his enemies within his own Dominions so it argueth want of discretion and wisdom to assault his adversaries with such force and power as if the enemy in absence thereof invade his Realm there should not be found at home an Army sufficient to withstand his Invasion Now as touching her Majesties Attempt made against Portugal and Spain The manner thereof is not unknown unto the world the cause is notorious and the success is not hidden nor secret For Mr Anthony Wingfields and Mr Dr Doylies Books the one in English the other in Latine set down the order motive and the event of that Attempt so truly so fully and so plainly as I shall not need to say any thing thereof especially having already touched his Right at large for whose cause and at whose instance the Voyage was undertaken But because the said Books make but a plain and true Narration of the Journey and of the cause and success thereof leaving the Justification of the same cause unhandled and you desire to see the same confirmed and strengthned by some examples declaring the equity thereof I will in this Point somwhat satisfie your desire and pleasure Presupposing therefore Don Antonion his Title to the Kingdom of Portugal to be just and right as his own Apology can and doth testifie I think it will not be denyed but that what help soever was or shall be hereafter yeilded unto him for the recovery thereof was and will be both warrantable by Law and justifiable by many and infinite Histories The Law be it of Nature or of Nations warranteth any man whatsoever Vim vi repellere to repel force by force which is not tyed to this bare sence and meaning only That it shall be lawful for him to defend himself only against him that assaulteth his person or endangereth his life but it reacheth further and giveth him leave to use any moderate violence yea sometimes to kill him if he cannot otherwise retain his own that goeth about by main force to put him out of possession of his lands and inheritance or to take away his goods from him The same proceedeth further with us in England and in France and provideth that if a man be assaulted and others stand by and help him not they are held for partakers of the violence that is offered unto him and if a man be robbed upon the high-way and Hue and Cry be not made presently after the Theeves the Town Village or Hamlet which presently pursueth not the Malefactor shall answer whatsoever is taken from the party that is robbed The reasons of this Law are many First it is expedient for the Common-wealth to conserve the lives and goods of the Subjects thereof then there should neither be Meum nor Tuum if this Law did not take place Next the first and especial cause of assembling Societies together and of making and fortifying Villages Towns and Cities was a desire and care which men had to live together in safety as well of their Goods as of their persons Lastly nature detesteth unlawful violence desireth the conservation of her Creatures tendreth their welfare and hateth the Procurers of her harm and detriment and therefore provided Princes that should minister Justice unto all men indifferently defend the innocent valiantly maintain their Subjects in peace continually and duly inflict condigne punishment upon the breakers and perturbers of peace and tranquility Now because Justice loseth her name and majesty unless a proportionable Equity be observed in the administration and exercise thereof as private mens security is regarded and tendred in Justice so the Law must likewise have the indempnity safety and commodity of Superiors Magistrates and Princes in recommendation otherwise they should be in far worse case then their own Subjects are For the wrongs that are done unto them are righted by their Magistrates and therefore it standeth with good reason that some provision be made and some care had for the reformation of such injuries as are offered to the Kings and Princes If a Subject be thrust out of possession of his proper Inheritance the Law provideth that he shall be presently restored thereunto And if a king be wrongfully driven out of his kingdom shall not he be allowed to seek a restitution thereof He shall but how Forsooth at his hands who hath deprived him but what if the Usurper will not yeild to his petition he is then to implore the help of other Princes and they on his behalf are to pray and admonish the Usurper to make restitution of all that he detaineth wrongfully whereunto iâ— he shall not hearken after due admonition given unto him they may junctis viribus invade his Realm and by main force inforce him to restore whatsoever he with-holdeth unjustly For this charge lay upon the Emperours as long as they were of sufficient force and authority to command and controll the Kings of this world But now that the Imperial Majesty is somewhat abated and Kings have freed and emancipated themselves from the Emperours power and jurisdiction it remaineth as part of the charge of Kings to see that no violence be offered unto their Colleagues and especially unto their Confederates Therefore it is usual amongst Princes to enter into Alliance together with express conditions to take the Enemies each one of the other for their own Enemies and not only to defend their own Estates against all men whatsoever but also to offend him whatsoever he be that shall attempt any thing to their prejudice and there is nothing more common then to see Princes oppressed to fly for aid unto the Oppressors Adversaries and to receive help and succour from them They therefore are highly commended which receive and harbour a distressed Prince and they contrarywise worthy of perpetual shame and infamy which either refuse to receive such an one or after his receipt offer him any manner of wrong or violence because as to adde affliction unto the
General with 150 men at Armes A few more Examples like unto this will give some better light unto the obscurity and doubtfulness of this question and therefore I will afford you some such examples Edward the third King of England espying a time of great advantage to invade Scotland because he might be the less blamed if he should take the same occasion publikely protested that he was not in League with the Scot because the League betwixt them was fully agreed and concluded upon in his minority and while he being under Age had not the capacity to perceive the disadvantage and great harm that grew unto him by the same League The Scots and Picts being in League with the ancient Britanes and spying a convenient time to molest them whilest Maximinianus the Emperour was absent invaded the Realm and pretended that they were not bound to the League concluded betwixt them and Maximinianus if he were once out of the Kingdom The same people notwithstanding their League invaded the Brittanes another time saying that the League was at an end by the death of Placitus the Roman Lieutenant who had concluded the same League The Brittans in the time of King Arthur entred into League with Lothus King of the Picts and bound themselves to receive Aludred a Pict for heir and successour unto King Arthur but when Arthur was dead contrary to the Convenants of this League they made Constantius and not Aludred their King and being accused of the said Picts for breach of the said League they answered that the League betwixt Lothus and Arthur was fastened unto this condition that as soon as the one or the other dyed the Subjects of neither of them should be tyed any longer thereunto adding further that it stood not with policy to admit a Stranger to bear rule and government over them The examples are infinite that might be alledged to this purpose but these few may suffice to shew the proneness and ready good will of Princes to falsifie their Faith and to colour the breach thereof with some reasonable shew and pretence when they found it not commodious or convenient for them to hold every Covenant and Article of their Agreements Now having seen by this that hath been said already that Leagues are lightly broken it resteth for the better strengthening of my purpose that I declare unto you by such examples as shall presently come unto my memory what occasions one Allie hath taken to be offended with another and how upon such occasions offered of great friends they have become mortal enemies For hereby you shall see that since Princes are most commonly led and ruled by examples insomuch that they hold all things to be well done which not being apparently unjust or dishonest are done by example that our Queen notwithstanding the ancient continuance of the League that hath been between the Crown of England and the house of Burgundy of which the King of Spain pretendeth himself to be lawful Heir may most lawfully fall from the same and by many and infinite Presidents justifie the receipt of the King of Portugal and the aid given unto him I find many causes in such Histories as I have read which have moved princes who were conjoyned together in a very straight League of Amity and Friendship to fall at variance and either to war one upon another or to associate themselves each one with the Foes and Adversaries of the other Iulius Caesar although the Romans were in League with the people which were anciently called Lingones yet he held them yea and used them as Enemies because they aided the Helvetians which are now called Swizzers with corn and other provision Other Princes have taken occasion of offence against their Allies and Confederates because they have fallen to Agreement with their common Enemies and Adversaries without their consent of privity So was Pope Sextus the fourth highly displeased with Ferdinando King of Naples because he not making him privy thereunto had agreed all matters of variance and controversie betwixt himself and Laurence de medicis and the City of Florence So did Lewis the twelfth of France justly complain of Pope Iulius the second because at what time France stood in most need of him he compounded the differences betwixt the Church and their common Enemies and for this injury offered unto him published bills and books of greivous complaints against him saying that he was worthy to be deprived of his Popedom Illescas in the life of Pope Leo the tenth reporteth That the Venetians being in League with the King of Spain against the French King departed from their Alliance with the Spaniard and allied themselves with the French King for no other occasion but because Prospero Colona one of the Captains of the Spanish Army did not presently give unto them Bressia which he had taken from the French King and should as it seemed have been restored unto the Venetians as soon as it was taken Sometimes it falleth out that many occasions meet at one time to move a Prince to relinquish and leave the side and party of his confederate Many causes enforced Pope Leo the tenth to leave the French King and to join with Charls the fifth First his unsatiable desire to recover Parma and Placentia The pity he took of Italy to see what misery it endured under the French Thirdly The good will he had to gratifie the Emperor for the great love which he shewed at the Diet holden at Wormes unto the See of Rome Fourthly his indignation and displeasure conceived against Monsieur Lotreth Governour of Milan because he did not only molest and trouble the poor Millanois with a thousand vexations and grievances but also gave all the Benefices Bishopricks and other Ecclesiastical Livings within the Dukedom of Milan without the Popes leave and licence And further because he had had given commandment that no man should appear upon any Citation sent from Rome nor should go thither to follow any Suit or Process begun or moved there And lastly the remembrance of those injuries which were done by the King of France unto his Predecessors and especially unto Peter and Laurence de Medicis his Father and his Brother Here you see the Pope whom the rest of Italy most commonly followeth partly moved with a just hatred against the Frenchmen and partly fearing their overgrowing power in Italy to prevent the hateful increase of their greatness leaveth them and joyneth himself unto their enemies Now you shal see another Pope named Clement the seventh and with him also the Venetians finding that Charls the fifth with whom Leo the tenth allied himself against the French King yeildeth not accordingly as he was bound the investiture of the Dukedom of Milan unto Francis Sforza who promised to give him for the same six hundred thousand Ducates and to marry with whomsoever it should please him and also to hold the Dukedom at his devotion And further conjecturing
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
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
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
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
supposed that by one mans death they had removed all occâ—sions of Tumultuous disorders But experience taught them not long after that they were greatly deceived For when they were to levy an Army of men to use in their warres and thinking that the Tribunes death was forgotten they commanded one Volero one of the common people who had been Captain of certain footmen to have his company in a readiness he answered them plainly that he would not obey their commandment Whereupon the Consuls Emilius and Virginius sent certain Sergeants unto him to carry him to prison He escapeth out of their hands getteth himself into a press of common people there he crieth out with open mouth My masters let us defend our selves we must not think to be any more supported by our Tribunes who dare not speak for us for feare lest they be kiâ—led as one hath been already that favoured us in our honest causes He had no sooner said this but that the people although the Consuls endeavoured to appease the Tumult ran upon the Serjeants who after that they had been well beaten and their Maces broken about their heads saved themselves in the Palace where the Sâ—nâ—te was assembled The Senators deliberate presently how they might pacifie this sedition many thought it meet to repress force by â—orce but the graver sort was of opinion that it were not good to tame the members of a body by violence and that they had already too much offended who were Authors of the Tribunes death and much more they who intreated Volero hardly for that in Popular diseases the gentler a Medicine is the better it is and the more that a Magistrate spaâ—eâ—h the better he fareth The same Romans will likewise teach Princes that the eldest Counsellors are not alwaies the wisest and that the most voices are not oftentimes the soundest voices It chanced another time in Rome that the Commonalty was so greatly discontented that the greater part of the people were purposed to forsake their City and to inhabit in some place where the Nobility should not carry so heavy an hand over them as the Senators did and with this resolution they left their houses and were ready to betake themselves to their journey The Senators understanding of this determination cast their heads together and advised among themselves what it were best to do to remove this setled opinion and to hold them still in the City which was almost past all hope Appius Claudius according to his rigorous nature and old custome perswaded them to bridle the mutinous by rigor and severity For saith he the common people if they be not held in continual awe wax proud disdainfull and insolent not caring what they do or how often they offend And therefore to suffer them in one Folly were to encourage them to commit another This opinion was presently approved by all the younger Senators whose hands tickled and hearts burned with a desire of revenge for some small indignities offered unto them by the Commonalty Menenius Agrippa a Senator of few yeares but greater clemency then Appius Claudius contradicted this opinion because the Commonwealth representeth saith he the body of a man and a good Physitian will not presently cut off a member or joynt that is grieved but will seeke some gentle meanes to affwage the griefe and experience hath taught us that as a wild beast being gently used waxeth tame and contrariwise a tame one being rudely handled becomâ—th wild so the most rude and common people relent if you use them gently and they that are most civill and modest quickly forget all modesty and civility if you once provoke them too much if you continue to displease and discontent them too long and too often Menenius his opinion was followed Spurius Manlius intreated them to excuâ—e the younger Senators Folliâ— They were commended that departed quickly from Claudius his opinion and Agrippa was enjoyn ed to pacifie the people He therefore followeth this commandement calleth the Commonalty together declareth unto them the Senators good will towards them speaketh so gently unto them that he maketh them all change their resolution and useth this principal reason to enforce this perswasion The Senators saith he resemble the Belly and you the rest of the members of mans body must the other parts of mans body complain that all they can gather and scrape together is little enough for the Belly Is it not the Belly that nourisheth all the rest or the Body that maintaineth and sustâ—ineth every part thereof doth the Belly when it receiveth any kind of victuals be it never so delicate never so rare and exquisite resâ—rve all for it self Doth it not distribute and disperse the same even to the parts that are furthest off from the Belly even so the Senators do they challenge that for their own use and benefit which they exact of you Do they not imploy the Tributes and Subsidies which they levy to the behoofe and commodity of the whole State Do they not all that they do for your good and safety Are they not rather Nurces to nourish you then Lords to command you Are they not Shepheards to defend you and not Wolves to devoure you And do they not shew themselves to be your Fathers rather then your Foes Why then do you complain of them Why thâ—eaten you to leave them who will forget themselves to remember you and rather die to content you then live to confouâ—d you Thus ended Menenius his speech somewhat abruptly and yet so mildly that the grave Senators most highly commended it and the common people most willingly followed it Now to apply these examples to the King of Spain and to tell you how he and any other Prince in the wide world governing as he doth might have made some use and profit of them it will be no lost labour because it will make his oversights more manifest then they are unto the view and Judgement of the whole world Had he therefore at the beginning of the Alienation of his Subjects hearts and Affections from him harkened unto such Counsellors as Servillus and not Appius Claudius had he when some one Subject like unto Volero was displeased satisfied him and not provoked him had he when his Subjects were departing out of their Country not sent a Claudius to repress them buâ— a Menenius to reconcile them hee had never found so many Agricolas so many Artevills so many Carpentaries so many Basconii so many Leones as he did amongst them Hâ—d he not disturbed disgraced discredited his faithfull Subjects servants his best Officers as Nero did Rufus Suâ—rius Flavius Sulpitius After Corbulo and Galba they never would have harboured a thought to deprive him as the others did Nero of the possession of the Low Countries Briefly had he considered that when Nero began to be a Tyrant First France then Spaine and at the last other Provinces fel from their obedience towards him he might easily have perceived that when Brabant failed
States and to crosse his Counsels and Intentions in the use of those means For doth he continue in credit by the General reputation and conceit that is had of his wealth Let it be shewed that he is poor and needy Holdeth he his Subjects and Towns of Conquest in awe by keeping Garisons in them Seeke either to corrupt those Garrisons or to perswade those Towns to expel them Borrows he money in his need and necessity of the Genowaies and other Merchants of Italie Counsel them to call for their old Debts and to lend him no more money before they be paid Doth our Nation and others inrich his Country by resorting thither Let them repair no more then they needs must to those Countries Fetcheth he yearly great wealth from the Indies Let that be intercepted more then it hath been Placeth he wise Governors and Magistrates in his Dominions to Containe his Subjects in obedience and his Neighbours in fear Send Fire-brands and Authors of Sedition amongst his Subjects as he doth amongst ours and think it as lawfull and easie to estrange the affection of his wisest and most trusty Deputies and Lieutenants as it was and is for him to allienate the hearts of some of the Nobility of France from their King Hath he married the now Duke of Parma so meanly that he can not be able to recover his right to Portugal Or hath he so weakned Don Antonio that he shall never be able to returne into his Country Provoke the one to be his Enemy in putting him in mind of his Fathers untimely death and by remembring the great wrongs that he suffereth and let many Princes joyn in heart and in helpe to set up the other against him and to strengthen and succor both rather then the one or the other should not annoy him Is France unable to hurt him because France is divided Reconcile them that are dissevered and revive the quarrels and pretentions that France hath against him Presumeth he that the Germans will rather help then hurt him because he is ally'd to some in Conjunction of blood and to others in league of amity dissolve his alliances and debase the mightiest of his kindred To be short are the Pope the Venetians and the other Princes of Italy either for feare or affection his friends encourage the Timerous and fearfull and alter and remove the love and affection of them that beare him best good will But some man will say This is sooner said then done and therefore I have said nothing unless I shew you how all this may bee well and conveniently done There is a generall meanes and there are diverse special waies to effect all this I will acquaint you with both because you shall bee ignorant of neither and I will be as brief as I may because I take it high time not to trouble you any longer It is grown unto a general use of late yeares and undoubtedly it was usual in times past when Princes undertake any great actions or enterprises that may perhaps seem strange and somwhat unreasonable unto other Princes whose favor and friendship they desire to publish the causes and reasons which induce them to enter into those actions and in those Declarations to omit nothing that either may grace and credit them or discredit and disgrace their Adversaries The States of the Low Countries when necessity inforced them to renew Wars against the Spaniards published certain Books containing the causes which moved them thereunto and caused those Books to be imprinted in seven several Languages in Latine in French in their own Tongue in High Dutch in Italian in Spanish and in English to the end that all the Nations of the World hearing the Justice and Equity of their quarrel mâ—ght either as Friends help and assist them or as Neutrals neither aid nor hinder them as their Adversaries The late Duke of Alenson because it might seem strange unto some that he being a Catholick Prâ—nce would aid men of a contrary Religion and reprehensible unto others that being in some manner allied and a supposed friend unto the Spanish King he would accept the Title of the Duke of Brabant and undertake the defence of the Low Countries against the Spaniards made it appaâ—ent unto the world by the like means that it was not any ambitious mind or greedy desire of advancement but a Princely clemency and commiseration of the distressed state of that Country too much oppressed by the Spanish Tyranny that moved him to receive them into his Protection and Patronage The like did the County Palatine Cassimer when as he came into Flanders with his Forces And the like have many other Princes done not in just causes only but in matters that had far greater affinity with injustice and dishonesty then with justice and integrity That Duke of Burgondy which more wickedly then justly murthered the Duke of Orleance fearing that his murther might justly purchase him the Kings heavy displeasure and the general harted of all France suborned a learned and famous Divine named Iohn Petie not onely to excuse but also to commend and allow the execution thereof in many publick Sermons and writ divers Letters unto the best Towns of France to declare and justifie the cause that moved him thereunto Henry the Fourth of England whom many Hâ—storiographers hold rather for a wrongful Usurper then a lawful King to make it known by what Title he took upon him to be King of England sent divers Ambassadors into Spain Germany and Italy with such instructions and so forceable reasons that he made a bad cause seem just and equitable That Pope of Rome which as you have heardâ— betrayed Frederick the Emperor most leudly unto the Great Turk and was the onely cause of his long and chargeable imptisonment finding that his unchristian treachery being happily disclosed did greatly blemish his name and reputation to give some shew and colour of Justice to a bad cause caused to be published that two notable Murderers had been taken at Rome who voluntarily confessed that the Emperor Frederick had hired and sent them thither of purpose to kill the Pope How the Duke of Bnckingham and the more learned the conscionable Dean Richard Shaw justified in the Guild-hall of London and at Pauls Cross the unlawful and tyrannical Usurpation of Richard the Third our Histories make it so manifest that I need not to trouble you with the recital thereof Since therefore not mean and Lay-men onely but Noblemen and great Divines havâ— both defended and furthered wrongful causes and with their deâ—ence and furtherance have brought to pass their lend and wicked purpose why should not men sufficiently seen in matters of State and throughly furnished with all good qualities requisite in a good and worthy Writer of which sort this Realm had rather some want then any great store depinct the Spainard and his tyranny so lively and so truly that their reasons their perswasions and their admonitions may may shake the affections
what occasion they began to encanton themselves how base men they were that were the first Authors thereof how Stansfather Gualter first and Arnold Melthdiall detesting the unsupportable Tyranny of the Governor Greisleir drew first divers Gentlemen and then the inhabitants of a few Towns to conspire the death of their Governour and the banishment of all the Officers set over them by the house of Austria how they beat down to the ground all their Castles how they perswaded the Towns of Sinty Ury and Underwald to free and emancipate themselves from the Thraldom and Bondage wherein they lived under the house of Austria How after this association others entred into League with them and briefly how after their general confederacy they lived many years contented with their own and scant knew what wealth meant Was it not wonderous that after the notable victory which they had at Grason against Charles Duke of Burgondy they knew not the worth or value of the goods that came to their hands Will any man beleeve that they should tear into a Thousand pieces the fairest pavilion that ever was seen in the world May it be credited that they sold great dishes and platters of clean Silver thinking that they had been of Tin for six pence a piece Will it not seem incredible that the fairest Diamond that was in those dayes in the world and had a very great and rich pearl hanging thereat was sold unto a Priest for a Florin and that he sent it unto their chief Governor who gave him but three Franks which is a French Crown for the same And to what reputation are these people now grown Are they not held the best Pikemen of the world Do not the greatest Princes of Europe seek their Amity and alliance Strive they not who shall first entertain them and continue longest in league with them Have they not more liberty in Italy then any nation whatsoever Are not the Grisons their Confederates free from the Inquisition a freedom not granted unto any Nation but unto them Was there not a time when a King of France for calling them base people was forsaken by them and made a prey unto his Enemies Did they not in revenge of that disdainfull word make a Road into his Country and had they not come unto the walls of Paris if they had not been intreated and hired for great Rewards to return into their Country Who can desire a more notable and worthy example of valour and fortitude then they shewed in Navar in Italy where they being in a strong Citty and not needing to make any sally out they came forth upon the French that lay before the Town went proudly and without fear upon the fearfull and terrible mouthes of their greatest Artillery took the same and bended it upon their Enemies whom with the onely help thereof they put to a most shamefull flight and to the edges of their unmercifull swords When we remember these men and enter into cogitation of the premisses we must justly fear that the Hollanders and their Adherents may one day have the like mindes and the like fortune And if they should chance to grow to the like greatness be it of minde or of fortune let us consider what advantage they shall have of Princes Even the same advantage which Titus Livius mentioneth in the comparison which he maketh betwixt Alexander the Great and the Romans For they have many Alexanders whereas a Kingdom should have but one and with this ones death his whole State should be endangered whereas the losse of some of their Alexanders shall not endanger their State and Kingdoms Enterprises shall perish with their King and their Attempts shall be performed by their surviving Alexanders Briefly the Kings posterity shall not resemble him and their Successors shâ—ll rather excel then not imitate them Thus to have all the Low-Countries governed by a few States or by one Prince wholly depending upon the King of Spain were in one and the same measure dangerous and therefore it were convenient for us in wisdom and policy to erect and establish such a Prince as should neither aâ—together depend upon France nor be wholy devoted unto Spain or else to divide the seventeen Provinces into divers several Cantons and to nourish continually a diversity of opinions and Religions amongst them whereby some of them being led to affect us and others to favour Princes of their Religion they shall be neither holpen nor hurt by them more then we nor we more then they Besides Experience yeeldeth us this comfort that as long as we shall entertain a free and loving 〈◊〉 entercourse of Trade and Traffique with them whereby their people may be inriched their Cities frequented and their several Artificers maintained and nourished so long may we be assured of their fast Friendship and Amity For if when as that notable contention and competency for the Crown of France was between Edward the third and Philip de Valâ—ys although Lewis the Earl of Flanders favoured the French King because he was his Vassal yet the Common people affected and furthered our Kings claim and quarrel and would not be drawn from us by any manner of whatsoever perswasion why may we not hope to fined the like affection in them even against their Soveraign if we should have the like occasion to use their furtherance For as then many of their Towns standing wholy upon the Trade of wooll with which their Diers Fullers and other such Artificers were maintained they would not leave us to lean to their Prince because if our King should not have sent thither our woolls they knew not how to live and for that France was not able to hurt them so much as England could do both by Sea and by Land so now if they should want such Commodities any long time as we send over unto them although they be now far stronger by Sea then they were then yet either the regard of profit or the fear of discommodity and hurt that might arise unto them by the discord betwixt us and them would cause them to stand fast and assâ—â—ed unto us rather then unto our Enemies especially if we shall entertain some such faithfull friends unto us amongst the common people as were the before mentioned Artevild Boscanus Agricola and others Thus Spain being weakned and the Low-Countries either all or the most part thereof well-affected unto us we shall stand in less danger and fear of France whose troubles and divisions although they begin now somewhat to cease yet I fear me that when they are once utterly extinguished they will be quickly revived again For as fire being but covered over with ashes and not throughly put out is soon kindled again so reconciled friends the causes of their former contentions not being wholly removed upon very light occasions fall again to strife and variance The experience thereof was seen in the Reign of Henry the third of England and in the time of Lewis Menervensis
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
committing the fact with his wife or daughter is not punished with death by Law because the greatness of his sorrow excuseth the grievousness of his offence and a man that being provoked by another by word or deed killeth the provoker is not subject to extream rigour of justice because whatsoever is done in heat of choler is rather excusable in mercy then punishable with extremity The King of Spain's life stood in no danger as long as Escovedo lived he had offered no violence to his wife or daughter and if he gave him any occasion to be angry or displeased with him there was time enough betwixt the occasion given and the hour of his death to allay the heat and to asswage his wrath There is not therefore any one just cause to excuse this murther but many to aggravate the same For first A King commanded it to be committed and Kings ought to preserve not murther their subjects Next an innocent man was murthered and it is better to save many offenders then to condemn one innocent Then the murtherer was as it were a father to the murthered Kings are called fathers of their subjects Again Escovedo was no stranger but the Kings servant and it is much more grievous to kill an houshold servanâ— then a stranger Again Escovedo was no base person but of good worth and of divers good qualities and he offendeth more that killeth an adulterer of good sort then he that murthereth one of vile and base condition Again Escovedo had deserved well of the King and had done him many good services and ingratitude is a detestable vice a fault punishable by Law Again Escovedo was done to death against Law and to murther a man without Law is a double breach of Law a breach in the murther and a breach in not observance of Law Again Escovedo was poysoned and the murther that is done with poyson because it is trayterously done is much more grievous then that which is performed Therefore Lastly When poyson took no effect he was killed with a sword and the murther that is iterated is more hainous it argueth perseverance in wickedness it sheweth that the offender is obdurate in malice it betrayeth his cruelty and declareth that nothing but death will satisfie him so it is sin in a Prince to think on such a murther wickedness to command it to be done cruelty to thirst after innocent blood ingratitude to render evil for good treason to take away a mans life by poyson and of all treasons the greatest when poyson faileth to use the sword and when God hath miraculously preserved an innocent man to attempt his death again and never to desist until he was massacred For Princes are armed with authority but they are to use the sword only against the wicked they may be cruel but with a kind of mercy and compassion they may censure all mens actions but with remembrance of mans imbecility with grief for their fall with sorrow for their temptation with hope of their amendment and with a desire of their conversion They must think that ignorance may mislead them Satan seduce them sin get the upper hand of them Gods good grace abandon them and that being destitute of his favour they are no more able to make any resistance against the divel 's temptations and when they have thought upon all this they must look upon themselves and in themselves consider that they be angry but without fin they may be moved but not so much as to forget to do justice punish offenders without hatred to their persons and not before that reason hath mastered their own affections mercy hath mitigated their rigour and wisdom hath nullified all the extremity of their inordinate passions This murder being then in thought in action in continuance and in iteration impious and detestable it resteth therefore to shew whether Antonio Peres yeilding his consent and putting his helping hand thereunto be not guilty of Escovedo his death as well as the King For the affirmative it may be said that in cases of felony murther and treason the principals and accessaries are held to offend in one and the same measure because they are most commonly subject to one and the same manner of punishment That servants to private men and Counsellors to Princes must obey God rather then their Masters the almighty in heaven rather then the mighty on earth That Peres knew in conscience that Escovedo had not deserved death That no man should do any thing against his Conscience and that Counsellors attend upon Princes to be disswaders of their follies and not executioners of their furies It had therefore been the part of Antonio Peres when he saw his King resolute to have Escovedo murthered not to have reprehended his wicked intention presently but to have attended some convenient time when the Kings fury and anger had been past when he would have hearkned unto reason and given an attentive ear unto good counsel and then not to have spared his tongue or his pen his counsel or his cunning his wits or his credit with his master until he had changed his mind For wise and discreet officers unto Princes will not presently obey their hasty furious and unadvised commandments but give them time to allay and pacifie and to consider with themselves what they have commanded and what mischiefs and inconveniencies may follow of their commandments And the Prince that hath such may think himself happy and when of a servant to his passions he returneth happily to himself that is to be a right Prince then will he thank them heartily for their good counsel It is written of a Duke of Britany that when he had taken Clission an high Constable of France who had made the French his mortal enemy and caused him to work his Countries great harm and annoyance he delivered him into the hands of Iohn Bavilion his trusty and faithful servant and commanded him to be caused to be drowned secretly Bavilion considering what danger might follow of his rash and hasty commandment preserved the Constable and within a few days after when he saw the Duke his master very pensive and sorrowful he presumed to demand the cause of his grief The Duke not being able to conceal any thing from him although he thought not to have found such comfort as he did by him acquainteth Bavilion with the â—â—use of his heavines which was that he had caused the Constable so unadvisedly to be made away Bavilion seeing the time fit to declare what he had done let the Duke understand that Clisson lived and by way of advice told him that by restoring his prisoner in safety without a ransome unto the French King he should bind the Constable to do him all manner of good offices about the king of France purchase the Kings assured friendship and procure his own Countries safety and quiet For which good counsel the Duke thanked him as much as for saving the Constable and found that by following
the same he and his subjects lived afterwards in great peace and tranquility Had Antonio Peres imitated this Bavilion the Spanish Kings honour had not been blemished as now it is Escovedo's children had not troubled him as they did Peres himself and his posterity had not endured the calamities which he and they suffer and Aragon had not tasted the miseries and inconveniences which fell upon Aragon In handling of the negative I may not altogether excuse Antonio Peres for I know and so must he that his reputation should have suffered less indignity his conscience less troubled and he should undoubtedly have less to answer for hereafter if he had imitated Bavilion but because it is hard in these days to find any Prince like unto the Duke of Britany few Counsellors or Ministers dare adventure to follow the footsteps of Bavilion For they remember that Hydaspes or Harpagus as before being commanded by Astyages to kill Cyrus saved the harmless innocent but his son smarted for his fathers offence and the father could not chuse but smart and sorrow in his sons death They remember that Cambyses his servant spared Croesus when they were commanded to kill him but he lived and his wife was the cause of their death and this remembrance maketh them fear the Princes displeasure and this displeasure putteth them in fear of their lives and this fear causeth them willing to obey and execute their hasty and furious commandments the rather because they see that although Princes somtimes chance to return to favour those persons whom they willed to be destroyed yet they always hate those ministers that would not destroy them at their commandment And Peres knew or might learn that a Princes Judges may command an ordinary or an inferiour Judge to execute his sentence and he upon whom he layeth this command is bound to execute the same although he knoweth that his sentence be unjust and if the ordinary or inferiour Judge shall refuse to obey his commandment the Delegate may inforce him thereunto by excommunication and ecclesiastical censure And this is so true that the Popes Legate who is an ordinary and one of the highest dignities that may be cannot impeach or hinder a sentence given by the Popes Delegate and the Delegate may if it please him both command and compel the Popes Legate to execute his sentence because that in the cause that is so committed unto him he is greater then the Popes Legate And if a Popes Legate may be constrained to obey a Judge Delegate how much more may an inferiour Judge or a common or a mean Ordinary be enforced to yeild him dutiful obedience The reason why this obedience is required because he unto whom the execution of sentence is only committed hath no authority to examine the equity or injustice thereof he must think that all is just that such a judge doth he must look upon the commission and commandment given unto him without making any further enquiry into the matter and he must presume that whatsoever might be said against that sentence hath been already said and duly considered Now if this obedience must be shewed unto a Judge delegate and for no other reason but for that he representeth the Princes person how much more ought a Kings commandment not to be disobeyed although he should will and command any man to hang one of his Subjects without acquainting him with the cause or examining the same cause before his commandment for the pleasure of a Prince is held for a sufficient cause and he hath no superiour who may presume to examine his will or his actions And this is so true that no manner of proof may be admitted against this general and infallible conclusion Again a Judges authority maketh that just which was otherwise unjust for although whatsoever is done by a false Guardian be not lawful especially if it be done to his prejudice that is under years yet if the Civil Magistrate shall ratifie such a Guardians action it shall be of full force Shall not a King from whom such authority is derived have the like power the like prerogative Again every superiours authority and commandment must be obeyed and he that obeyeth not must dye the death and may be lawfully called and chastised as a Rebel Now to apply all that hath been said unto Ant. Peres his case the resolution of the second question may be briefly this if he knew either because the King had acquainted him therewithal or that in conscience he was assured that the King would not command any unjust thing that Escovedo had deserved death he might boldly see him executed Or if it were doubtful unto him whether Escovedo had given the King just occasion to command his death he needed not fear to perform his commandment But if his secret conscience could tell him that the King had not just cause of death against Escovedo then undoubtedly it had been Peres his part not to have obeyed For as the Judge who is bound to judge secundum allegata probata if any thing be falsly proved before him and he not know that it is so shall do better to give over his office then to pronounce sentence against his own Conscience So Antonio Peres although it had been dangerous for him to refuse to obey and execute his Princes command yet if he knew that the same was repugnant to the Word of God which permitteth no man to be slain without just desert he should have done better to obey God then his King For although a King be called God's Minister and his judgements seem to proceed from God's own mouth yet when he doth wrong and breaks God's commandments he is not then God's minister but the divel 's and then he is no Judge no King because he leaveth God and fulfilleth not that charge which the Almighty hath laid upon him and he that obeyeth not his King in such commandments obeyeth God yea the subject against whom the King taketh such unlawful course may defend himself against his violence and oppression Betwixt God therefore and Antonio Peres his Conscience be it whether he proceeded against Escovedo in malice or in justice and if his conscience shall accuse him undoubtedly he shall one day finde that the fear of the Princes displeasure will be no sufficient warrant or lawful excuse and that it had been better for him to have said unto his King God commandeth me one thing and you another he biddeth me not to kill and you command me to murther he threatneth me if I obey not him and you menace me if I disobey you but you threaten me with imprisonment he with hell you with short pain and he with everlasting torment you with death and he with damnation and therefore good King give me leave to lean to him and leave you Now followeth the third question a matter the proof whereof must rest upon the Spanish King's Conscience
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