doth but lightly touch the continued malice of the popish faction against her Maiestie euer since her first comming to the crowne and that rather to warne the carelesse subiect to take héede of such an enimie and to point at such pernicious traytors then to hurt such as haue béene and yet are abused by the craft and practise of others and are not themselues actors nor factious nor malicious to their countrey To hurt quiet men albeit abused by false colour of old religion it was no part of his purpose But séeing this simple Noddie hath no more reason but to bare and touch that wounde which béeing séene and touched must néedes gréeue many and shame all the faction of papists that haue shame to heare their owne and their consorts most abominable practises discouered I am content to méete him in this encounter and examine whether it bée true or no that is commonly reported concerning the practises of papists against her Maiestie and this state If any mislike this course let him deale with the Noddie that drew mée into it For mine owne part I was vnwilling to quarrell with them but séeing they will néedes stande vpon termes and challenge others I coulde not choose but answere Neuer any thing in this Realme did more displease the papistes then the match betwixt king Henry the eight and her Maiesties mother the Lady Anne Bollenne for thereby not onely the popes authority to dispence in causes of Matrimony but also to iudge in causes of princes was called in question Further they beganne to feare least the king that was a prince of heroicall courage would haue taken occasion vpon this abuse offered him to haue looked into the whole cause of religion Here began the hatred against her Maiestie which this faction hath borne her euer since and which by many attempts against her parents and her selfe they haue declared Clement the seuenth albeit he had receiued many fauours from king Henry and had promised otherwise yet whether wonne by perswasions of Charles the fift then béeing emperor or else mooued with the interest that himselfe had in it declared the kinges mariage to be voide and the issue of that mariage vnlawfull The which sentence was giuen Anno 1533. some little tyme before she came into the world So that it is no maruell if now they hate her which not onely in her parents but also in her lawful right was persecuted before she came into the world Not long after Paul the third did furiously thunder out a sentence of excommunication against Henry the eight depriuing him of his kingdome and againe declaring the mariage with the Lady Anne Bollen to be void and her children to be illegitimate With that fury did he prosecute that innocent lady and her children sparing nothing which might serue to worke both their destructions And when he could do nothing of himselfe he neuer ceased by Winchester and other his agents to pursue the cause vntill such time as they had caused an act of Parliament to bée made against both the mother and the daughter and brought the innocent Ladie her mother to her end and which is more gréeuous they loaded her with many slanders and reproches not onely in her triall but also in an act of parliament How vniustly God best knoweth and the king himselfe acknowledged with great griefe at his death as a Cosmograph lib. 16. Theuet a writer no way partiall hath testified Plusieurs gentils-hommes anglois saith hée speaking of king Henry the eightes death m'ont asseurè qu'il eut belle repentance des offenses par luy commises estant a l'article de la mort et entre lez autres choses de l'iniure et crime commise contre la dicte roine Anne de Boulan faulsement vaincue et accusee de ce qu'on luy imposoit It suffised not the enimie to take away an innocent ladies life but they tooke away also her honour and good name by diuers imputations which God the most iust iudge knoweth and I trust one day will more plainly declare Afterward it pleased God to put in the kings minde to reuerse the act that debarred her Maiestie of her right which hée did by his last will This so néerely touched the papists that as it shoulde séeme they haue abolished it thereby endeuoring to take away all monuments and records whereby her right might bée prooued This rancor of theirs did especially shew it selfe against her during the raigne of Quéene Mary For although her beautie vertue good carriage and many excellent parts wherewith God had endued her might haue mooued any to loue her yet in these men these excellencies and especially her religion wrought contrary effects For doubting least Quéene Mary hauing no issue should leaue the kingdome to her and fearing that shée woulde asswage their pride and tyrannie against Gods saints and abolish their superstitious abuses and hereticall doctrine they sought by all meanes to cut her off from the crowne The pope hée coulde not suffer his sentences and decretals to bée reuersed his adherents coulde endure no reformation of religion to bée established Gardiner charged her as an abbettor to Wyat and said shée had intelligence with him And this our aduersarie doth also signifie by his Mysticall bracelet and other darke surmises As if it were likely that a poore yoong maiden destitute of friends and meanes and in the handes of her enimies could helpe them any thing or that Wyat would communicate a counsell of such danger to her that percase might vtter it and no way coulde helpe him Howsoeuer it was he practised with diuers to accuse the innocent Lady and percase if God had not holpen her had effected his purpose That she held Quéene Mary and the state in suspence and care our aduersary denyeth not What then more probable then that they should séeke to disburthen themselues of that care and iealousie There are diuers that testifie that they had diuers consultations against her Doctor Storie shewed plainly That the papists committed a great error in that cutting of the boughs they had not strooken at the roote When either for shame or else because they could finde no probable cause against her they could not spill the innocent Ladies bloud it is certaine that they fayned Quéene Mary to be with childe to the intent that some supposed childe might be found to succéede Quéene Mary and to preuent the Ladie Elizabethes right All this notwithstanding it pleased God many of her enimies being taken away that shée shoulde possesse the crowne at what time a man woulde haue thought they woulde haue ceased to pursue her against whom they coulde not preuaile Yet euen then did they also shew their malice and first they caused the Quéene of Scots to claime the crowne to beare the armes of England Then by the way of Scotland the French began to threaten and to inuade her countrey and had procéeded further but that her Maiesties forces did shut them vp
perswasions caused Stanley and his regiment most shamefully to betray Deuenter nay to betray the honour of his country and his prince and to turne to the enemy And that it might appeare to be his act he was not ashamed publikely in a booke written to defend this treason and dishonour For which cause king Philip gaue him liuing and pension and the pope at length gaue him the title of a Cardinall and called he was Cardinall of Saint Martin in Montibus to shewe that he sought no low matters but would flye to the top of the hilles He was also called Cardinall of England for that he meant to be legate of England and to betray it to the pope For these base seruices he was estéemed both of the Spanish king and pope but alwaies as a traytor and perfidious enemy to the prince and state Which as it appeared alwaies so especially in anno 1588. For then was he appointed to come into England with the Spanish army for the subuersion and vtter desolation of that which should haue béene his most déere country Nay it is apparent that this war was especially stirred vp by him and his consortes at home and abroade Sixtus Quintus a The declaration of the sentence of Sixtus Quintus saith he Solicited by the zealous and importunate instance of sundry the most principall persons of English catholikes hath dealt earnestly with diuers princes and specially with the potent king catholike of Spaine that he will emploie his forces to the deposition of the Queene and correction of her complices Hee b In his letters to the nobles and people of England sheweth that diuers English Did come also in the Spanish armie and nauie and that hée himselfe woulde be present to mediate that the English might bée well entreated of the conquerors at the least that they might haue their throtes cut gently Hée c Ibidem curseth all those That shoulde fight for their prince and countrey and not take part with forreine enimies He exhorteth all to rise and fight against the Quéene If you should d Ibidem saith hée sit still or refuse to helpe the Spaniard or seeke to vphold the vsurper so he calleth the Quéene or her complices you shall encurre the angels curse and malediction vpon the land of Meros and be as deepely excommunicated as shee is He discourageth and fraieth all those that woulde fight for their countrey and e Ibidem saith Fight not for Gods loue least you be damned And to the entent to make her Maiestie and this gouernment most odious hée hath published against her the most execrable and malicious libell that either by malice coulde be deuised or by wordes vttred Naie he raileth against all honest men that were likely to take her part And of these libels hée had caused whole barrels to bée embarqued for England But God ouerthrowing the Spanish nauie hée thought it wisedome to conceale the malice of the popish faction and to trusse vp his fardels and sende his libels backe to Rome least the libell might worke a contrarie effect then that for which it was deuised This expedition dissolued this hungrie cardinall returned to Rome loden with shame and reproch for that his wicked counsels tooke no better effect In the end the pope perceiuing he could do no more mischéefe to his countrey and that he was rather a burthen then otherwise made small account of him Whereupon ensued his death either vpon gréefe or percase some other secret occasion So hatefull was his life and his death miserable and shamefull In all his life he sought the ruine of his natiue countrey and therefore Gods will was that he shoulde die inglorious in a strange countrey Séeing then these were the qualities and proceedings of Gardiner and Allen who doth not detest the memory of two such wicked monsters The Noddie in this encounter saith what he can both in their excuse and praise but if he had thought that any woulde haue come against him I beléeue he woulde haue kept silence Hée saith first That none was further from blood and crueltie then Gardiner to prooue it alleageth That it proceeded onely from his gentle nature that some of the greatest protestants in Queene Maries time were not called to accompt and that he laboured to saue the Lord Sturton condemned for murdring of Harguill the Lady Smith burned for killing her husband and the duke of Northumberland condemned for rebellion Further he telleth vs How a certaine bracelet came to his handes containing the secret of Wyats action and yet that he neuer vrged the knowledge gotten thereof to the Lady Elizabeths perill she beeing then an obiect of loue and compassion rather then of enuy and hatred And much idle talke he spendeth about these matters but his pleading is of that nature that his owne friends must néedes acknowledge that he wanteth shame in auowing notorious vntruthes and common reason in alleadging such matters as either make against him or at the least nothing for him For wherein could he shew himselfe more shamelesse then in praysing Gardiner for his mildenesse and gentle nature when so many particulars as we haue before set downe do declare him to be most cruell and sauage not sparing any that stood well affected to that religion which he hated Beside that did he not séeke the death of the Lady Parre last wife of king Henry the eight and the Lady Tyrwhit the Lady Lane and Lady Harbert her thrée wayting women Did he not procure the king to set his hand to the articles against the Quéene and meant to haue procéeded further had not she by her modest cariage and answers pacyfied the kings anger It is also euident that he pursued doctor Barnes and diuers other good men euen to the very death Neither was Anne Askew tormented first and then burned without his priuity Wherefore if diuers principall protestantes as they are called or rather Christians were not called to accompt it was rather want of ability then will that was neuer wanting in Gardiner to shed innocent bloud For he that caused one Quéene to be slaughtered vpon false criminations and sought the death of an other especially ayming at the greatest while Bonner and his companions were butchering of the lambes and lesser shéepe of Christes fold we may not thinke that he meant to forbeare any No either it was the kings pleasure that would not haue his seruants butchered or else the strength or the wise cariage of the parties that kept them out of Gardiners hand that delited in nothing more then bloud Likewise it is a notorious vntruth that eyther by a bracelet or by any other signe Gardiner was able to prooue the Lady Elizabeth consenting to Wiats attempt But if he had but had the least argument of disloyalty against her she could not haue escaped his hands For albeit there was no colour yet did he seeke to suborne witnesses against her promise life to Wiat if he
in Léeth Not long after followed the excommunication of pope Pius the fift and the rebellion in the north parts of England After that Nicholas Sanders stirred vp a rebellion in Ireland And this N. D. their proctor albeit hée woulde excuse and cléere the papists of all euill meaning yet coulde hée not forbeare to praise the rebels and lament their death which sheweth how well rebellion and treason doth please this faction and howe little hée loueth her Maiestie with whose capitall enimies hée is so néere consorted When by sedition and rebellion they could not preuaile hey stirred vp Philip king of Spaine to make open warres vpon her Maiestie to depriue her of her kingdome Neither did either respect of alliance or shame or danger drawe him backe from this enterprise The duke of Alua had giuen the first attempt had not the vnexpected troubles of the low countries hindred him And Don Iuan D'Austria had not failed to make warres vpon vs but that God cut him off in the midst of his deliberations The yéere 1588. the Spaniard brought a great fléete vpon this coast and to correspond with it there were great lande forces prouided by the duke of Parma in the Low countries Cardinall Allen was then readie also to vtter and throw abroad his excommunications and slaundrous a His letters to the nobility and people of England and Ireland libels against her Maiestie and the state Neither could the euill successe of that iourney make the Spaniard giue ouer his determination Beside rebellion and warre they haue attempted poyson and secret practises to destroy her Iohn Someruile was perswaded to kill her by a seditious priest The same execution did William Parry take vpon him perswaded by Benedict Palmio and Aniball Codret two Iesuits Ballard a priest by his lewd perswasion drew Babington Sauadge Tichborne and their companions to conspire her death By the meanes of Holt a Iesuite Gifford Worthington and of certaine priests Yorke Williams Patrick Collen and others were sent ouer vpon the same errand And when with the sworde nothing coulde bée done Lopez by certaine traitors was hired and Squire by Walpoole was perswaded to poison her And no question but many other attempts haue béene made against her although they are not come to light hitherto Neuer I thinke was one poore Ladies life more sought nor by more meanes They haue left neither force nor fraud nor any course vnattempted Nay not content héerewith They haue a In Bulla Pi◠v. Sixti v. cursed all her subiects and friends seased the persons and goods of such as they coulde come by and by all meanes sought to ouerthrow the state anno 1588. diuers rinegued English and among the rest the traiterous Cardinall Allen came with the Spaniards to fight against their countrey From time to time they runne to the enemie bewray their countries secrets and diuers of them euen now intertaine intelligence with the Spaniard And little it is God wot that our aduersarie notwithstanding all his great shewes can allege in his clients the papists defence First hée is offended that sir Francis Hastings should say That by Gods goodnesse onely her Maiestie was preserued her life being maliciously and with great cunning shot at by the Romish clergie and Spaine against her And thereupon alledgeth thrée reasons of her Maiesties deliuerāce First saith he King Phillip and the Spaniards specially fauoured her for her yoong yeeres beautie felicitie and other her good graces and talents Secondly hée saith Shee bore her selfe for a papist and heard two masses a day one for the quicke and another for the dead and receiued no seruant into her seruice lightly but with expresse condition and many signes that he enclined that way Thirdly he imagineth That shee was kept aliue to barre the next praetender that then was wife of the Dolphine of France which for some reasons neither Spanish nor English could endure And these reasons hée estéemeth to bée Very potent and pregnant for so hée calleth them But if wée will rightly estéeme them wée shall finde them to be built on false grounds and to bée very impotent barren of reason and ridiculous For first most false it is that the Spaniards so fauored her that they would either hazard their state or loose a kingdom for her sake All which was like to come to passe if the ladie Elizabeth should atteine to the crowne And very vnlikely it was that the Spanish king That spared not his a Vita di Pio quinto owne onely sonne nor bloud nor those that were far néerer to him then the Lady Elizabeth woulde encurre the popes displeasure and loose his footing in England to spare her But what néede wée dispute of the Spaniards care and affection to her when they suffred her to be imprisoned euill intreated and called in question for her life As for the Count of Feria hée came to her indéede but not for any good intended to her but either for a complement of curtesie or to aske such a question of her as her manly and stout answer maketh this Noddie albeit hée knew it ashamed to report Secondly her comming to masse if I may so call it when masse was saide before her that vnwillingly heard it was rather of constraint then otherwise As for seruants good Lady she had no power to entertaine any but her ould seruants were remooued and certaine were forced vpon her and commaunded to attend her that she liked not But be it she had for sauing of her life giuen some hope of inclining to popish religion as the aduersary falsely and dishonorably imagineth yet papists are not so simple as to trust such as are newly conuerted Againe séeing the pope had pronounced diuers sentences against her to frustrate and make void her right it could not auaile her any thing to turne to the papists vnlesse either the pope would reuoke his sentences or she take the crowne at his hands which I doubt whether he would haue giuen to her if it had béene in his power to dispose King Henry the third of France though superstitiously popish yet might he not liue for that he was not for the humour of the pope Antonie likewise king of Portugall was put beside his crowne notwithstanding his religion to gratifie the king of Spaine Thirdly séeing Quéene Mary was like to haue children at the first it is more likely that the papists sought to establishe the kingdome in Quéene Mary and her succession by the innocent Ladies destruction then to barre another pretender which could claime no interest before Quéene Maries death not then looked for so soone Besides it is not likely séeing the papists sought onely to establish their owne kingdome that they should exclude one that was wholy deuoted to their religion for one either contrary or much suspected And if the Spaniardes did respect the Lady Elizabeth in regard of matter of state then did they it not for loue as is pretended in the first
abhorred Thirdly he telleth vs and that in very tragicall termes Of armies campes battailes insurrections desolations caused in Germanie France Flanders she practise of the world he was thought not vnworthy to be emploied in publike causes His body was mishapen especially his toes féete which declared that he was ex 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 genere that is of the kinde of crooked clawed beastes but that was couered with his gowne and slippers His first step out of the vniuersity was into the Cardinals house where he learned the Cardinals pride and vanity His first employment was in the negotiation at Rome about the kinges mariage with the Lady Anne Bollen who sent him thither together with Edward Fox to solicite her cause For his wit and experience he was thought fit to be employed and specially named by the Quéene but his false and treacherous dealing in that cause did much hinder the kinges procéeding as afterward did manifestly appeare Notwithstanding because the Quéene thought he had taken paines and dealt faithfully with her she was the cause that he was nominated by the king and so preferred to be bishop of Winchester The which that he might seeme to deserue he did publikely defend the kinges supreme authority against the pope and by an oath whereof there is yet a publike act remayning he forswore and abiured the pope afterward taking the opportunity of the kinges humor he wrought an alienation of the kinges minde from the Quéene and neuer ceased vntill he brought that innocent Lady vnto her end and not content herewith he was a speciall instrument of that act of parliament that was made against her mariage and her issue Thus this viper rewarded that good Quéene by whome he was aduanced Nourish vp dogs and they will bite saue the life of a serpent and he will sting Now hitherto Gardiner in outward shew was a great oppugner of the popes authority but whether vpon hope of greater preferment by the pope or displeasure to some about the king afterward he began to harken to the pope Béeing sent with Sir Henry Kniuet to Ratisbone to a certaine diet holden by the Emperor there he was discouered to haue made a packe with Cardinall Contarene and from thence wrote letters to the pope Which the king tooke so offensiuely that in all pardons commonly granted in parliaments he excepted treasons done beyond the seas meaning no doubt this treason of Winchester Returning home now reconciled to the pope he proued a great persecutor of true christians He was the chéefe moouer of the king to set out the act of six articles which was the occasion of so many innocents death and in execution thereof this wolfe was alwaies most forward as contrarywise if the king was aduised to reforme any abuse he was alwaies most backeward In the latter time of the king he was so out of his fauour that he came not in his presence And where beforetime he was made one of the tutors to young king Edward and an ouerséer of king Henries will he was quite dashed out and by no meanes could bée admitted again either to his place in the kings fauour or in his will Which procéeded as may probablie bée coniectured for that hée was the cause of Quéene Annes death which the king toward his latter ende so much repented In the beginning of king Edwards daies hée hindred the iourney into Scotland and whatsoeuer might make for the honor of the yoong king as appéereth by his letters to the Lord Protector And yet in open termes acknowledged the kings supremacie and once more a The acts are extant denied the pope But vpon the Protectors death the man séeing a storme comming did obstinately resist the kinges procéedings and so was woorthily depriued of his bishopricke and committed to prison But béeing deliuered from thence by Quéene Marie hée raged against the flocke of Christ like a woolfe famished and long restrained And as before hée had caused Quéene Anne to loose her life so hée sought to bring the ladie Elizabeth her daughter to destruction Hée was the onely instrument to examine and entrap the innocent ladie and by diuers meanes sought to suborne false witnesses to accuse her as an abbettor of Wyats insurrection And so farre hée preuailed as a warrant was brought to Master Bridges then lieutenant of the tower for her execution Thus had the hope of her happie gouernment béene cut off if God had not stirred vp the lieutenant to make staie of executiō vntill the Quéenes pleasure was further knowne Hée was also the onely man that prosecuted bishop Ridley and bishop Latimer to death insomuch that expecting newes from Oxford of their execution hée woulde not dine before hée had heard that fire was set to them But sée Gods iudgements vpon the cruell tyrant euen that selfe same dinner in the midst of his meriment God so strooke him that hée was carried from the table to his bed and neuer rose vntill hée died So hée raged while hée liued and raued when hée died His actions in his life time were odious his body dying did stinke so odiously that his seruants could not endure it He woulde not suffer the holy martyrs to speake at their death and therefore God stroke him so in his toong with swelling that sometime before his death he was not able to vtter one word and this was the life and death of this monster Of other qualities I will not speake One of his men set out a treatise against the mariage of ministers wherein it seemeth his finger was But much more honestie it had béene for him to haue beene maried Hee wrote diuers things but hée wrote not onely contrary to himselfe but also both to papists and protestants which his workes now extant do shew refuting notoriously the vaine brags which our aduersarie maketh of his learning William Allen was borne I know not where but he was brought vp in the vniuersity of Oxford from whence either discontented with the present gouernmēt or else induced with hope of better preferment otherwhere he fled into the low countries and there became a reader of the popes broken diuinity Afterward beeing nouzled among rebels and traytors he began to teach positions of rebellion and treason to his countrymen that came ouer and so instructed them that diuers of his scholers prooued maisters in wilfull disobedience and treason against their prince and country himselfe a Jn his answere ad per seq Aug. c. 5. saith That it is not onely lawfull but glorious for subiectes to take armes against princes that will not admit popish religion He alloweth and commendeth not onelie the rebellion in England but also in Ireland that was raysed for that cause Neither should it séeme that any practise was made against her Maiestie by the papists but he eyther was a plotter of it or had vnderstanding of it When her Maiestie sent aide to the distressed people of the low countries he by his pestilent
woulde accuse her What likelyhood is there then if he sought witnesses against the lady and that most gréedily that he should conceale an euidence béeing happily found especially such a one as might reueale hidden mysteries Thus our aduersary groundeth his defence vpon vntruthes Besides that he rayseth his building vpon thinges very impertinent and which make little for Gardiners credite He saith He entreated for the life of the Lord Sturton the Lady Smith and the Duke of Northumberland As if Phalaris and Dionysius and the most bloudy and cruell tyrantes that euer yet liued did not spare some offenders to whome they bore affection euen wolues agrée with wolues and serpents do not sting one another If then Gardiner fauoured malefactors whoores and rebels and such like and without remission prosecuted true Christians it is apparent that he was extreamely cruell and that his cruelty was extended against the best men Sure if this discourser had béene wise he would not haue mentioned the Lord Sturton or the Lady Smith séeing no man béeing such as Gardiner was could with any honour speake for them the one hauing committed a most execrable murder vpon Harguil the other hauing killed her owne husband No doubt she was an honest woman that Winchester would speake for He saith that The Lady Elizabeth was then an obiect of loue and compashion rather then of enuy and hatred The which doth argue Gardiners extreame cruelty that had no remorse of conscience to shed so innocent a Ladies bloud forgetting all naturall pitty and compassion that was due to a woman of her yeeres and quality and in that case Where sir Francis saith That recusants cānot professe more loyaltie and loue to Queene Elizabeth and to the state then Gardiner did to king Henry and his sonne king Edward to the state then and yet in the daies of Queene Marie betraied the Queene and realme into the popes and Spaniards hands pulling off his vizor of loue and loyaltie and shewing himselfe in his naturall likenesse and qualities The wise N. D. taketh exceptions to his sayings and telleth him that either hée is ignorant of matters then passed or else willingly telleth vntruthes and so hée entreth into a long discourse concerning Gardiners fall as he calleth it and the matching of Quéene Mary with king Philip the comming in of the Spaniards excusing Gardiner for writing against the pope and flatly denying that hée consented to match the Quéene with the prince of Spaine but first this talke of Recusants is impertinent in this place and argueth nothing else but that this point charged vpon Recusants is a bone too hard for him to gnaw and a matter which had bin better concealed then mentioned in this place declaring plainly what we are to expect at their hands if time serue Secondly it is most false that either Gardiner did then fal or commit a fault when hée stoode for the princes supremacie against the pope or else that hée condemned his dooing therein during king Henries daies Nay when his Secretary Germaine Gardiner was executed he had like himselfe to haue passed the same way had he not confessed his fault to the king and desired pardon with promise of amendement Likewise in king Edwards daies being examined first Whether hee did not beleeue that the king was iustly and ought to bee the head of the church of England and of the synode or conuocation and secondly Whether hee had not authority to make ecclesiasticall lawes for church gouernment hée answered to both affirmatiuely Which sheweth that this Noddy was ignorant of matters of those times and not his aduersarie But if i◠writing against the pope he did euill sure in nothing did he well For this was the onely act for which he deserued commendation To write for the pope or to acknowledge the popes authoritie is nothing else but vnnaturally to subiect this countrey to a stranger and to acknowledge the vsurped power of a tyrant that is vndoubtedlie Antichrist In this place also the Noddy heapeth vp other lyes vpon the backe of the first adding lies to lies Hée saith That Gardiner was one of the chiefe of sixteene Counsellers that were appointed by king Henries testament and earnest charge of mouth at his last howre to gouerne his sonne and realme and that the king earnestly gaue charge that no alteration of religion shoulde be made during his sonnes minoritie But neither was hée one of the chiefe nor any gouernour at all For the king long before his death had dashed him out of his will as a turbulent fellow and not woorthy to haue such a charge committed vnto him Neither would he be induced at sir Anthony Brownes request to admit him againe to that place Secondly this Gardener was neither present when the king died nor many daies before being commanded out of his sight Thirdly it is most notorious that the king dealt most earnestly with Annibault the French kings ambassadour a little before his death to perswade his king to establish a reformation of religion in France And therefore this tale of forbidding alteration is a méere fiction Whatsoeuer the king commanded that certes was to Gardener vnknowne being forbidden the kings presence Fourthly how absurd is it to thinke that Gardiner durst plead the popes right to the king when for this onely suspition that he enclined to the pope hée had no doubt béene called in question had hée not submitted himselfe to the kings mercy That hée did so is a most shamelesse lie as also that hée denied the Kings supremacie in his sermon preached before king Edward which this Noddy affirmeth contrary to all truth And therefore doth farre better deserue the title of Steelebrow then his aduersary sure if he had not béene both stéelebrowed and béetilbrowed yea and béetilheaded hée woulde neuer haue béene so bolde in affirming so many vntruthes without grounde or witnesse nay contrarie to all record of storie and testification of witnesses Thirdly it is most true That Gardiner was a principall actor in matching Queene Mary with Philip of Spaine which our aduersarie denieth and most false that the Counsell was deuided about this matter some fauoring the earle of Deuonshire others the prince of Spaine which he affirmeth That is prooued for that hée wrote and receiued letters from Charles the emperour to this purpose and also in that he was a chiefe dealer about the articles agréed vpon at the time of the mariage and last of all for that the prince of Spaine came first to Winchester and was maried by the bishop as a man specially fauoring that match The second point is prooued first by the testimonie of a Lib. 2. de schism Sanders that saith that all the counsel liked this match in regard of bringing back the church of England to the church of Rome And secondly for that the Quéene made choice of the earle of Deuonshire herselfe and such was her affection that shée had maried him but that all her Counsell resisted it
and deuised most slanderous letters in the emperors name against the yoong man And lastly for that the yoong earle was suspected for religion so giuen to his affectiōs that he did not himselfe desire any such matter nor if he had desired it could he haue bin liked by Winchester Neither skilleth it whether Winchester called him his spiritual childe or no. If he did then was hée an vnkinde spirituall father that gaue counsell to sende his childe away into Italy where by a most shamefull practise of this wicked generation he was poisoned and made away Resteth then that this practise of Winchester to bring in the authoritie of the pope and tyrannie of Spaniards was most dangerous to this state and ought to be most hatefull to this nation If he did not please the pope nor emperor neither as this our aduersarie pretendeth then was he odious to all the worlde His sermon certes preached at Paules crosse before the king and Quéene and popes legat declared that as in times past he had vsed his authority to persecute poore Christians so here he did abuse gods word to please the popes agent and those that fauoured his faction His text was Hora est iani nos de somno surgere which is taken out of Saint Paules epistle to the Romaines And out of this he went about to shew that since the church of England had departed from the subiection of the pope the people had continued as it were in a sléepe therefore did he conclude that euery man must awake and returne againe to the pope as if the apostle in those wordes had willed men to submit themselues and to returne to the obedience of the pope and to embrace his most vaine superstitions and his fantasticall and impious traditions which god wot was no part of the apostles meaning Nay he rather speaketh of the pope 2. Thes 2. where he mentioneth the man of sinne that shall sit in the temple of God and aduance himselfe aboue all that is called God And in this place he rather exhorteth worldlinges that are drowned in sensuality and pleasures and forget God while they follow the vanities of this world to awake and call themselues to a serious cogitation of spirituall matters For security and sencelesse stupidity is an image of sleepe or death rather And it may very well be applyed to those that eyther are besotted with popish ignorance not knowing any point of Christian faith or that walke in darkenesse of popish errors and will not awake out of their sencelesse sléepe and come to the light of Gods word that is offered to them For to speake truely the doctrine of popery is nothing but a doctrine of darkenesse of sleepe of death But let vs sée how our aduersary defendeth this noble sermon first saith he It was preached before the king and Queene the popes legat the embassadors of diuers princes and a great audience As if many great fooleries and vaine toyes had not béene declared before great princes and many auditors The more were present here the more witnesses there were of the mans great simplicity in mistaking and shamelesse impudency in peruerting the scriptures Secondly he telleth vs How Gardiners discourse was to shew how long the people of England had runne astray and beene in darkenesse of diuision and strife But first he séemed himselfe to be as it were in a sléepe when he talked of darkenesse and should haue spoken of sléepe For betwéene these two there is no small difference For many awake in the night and others sléepe at noone daye Secondly he committeth no smal error where he calleth the separation from popery Darknesse of diuision and strife For he that is ioyned to Christ walketh in light and they that liue vnder the pope continue in Egyptian darknesse Beside this darknesse doth rather worke confusion then diuision Thirdly he saith that Gardiner vttered two thinges that greatly mooued the whole auditory The first was the harty accusation of himselfe for his booke de vera obedientia Which he vttered wéeping like a great calfe and as our aduersary telleth vs With such vehemency as he was forced diuers times to make some pauses And that these teares were not feyned saith he It appeared in this that drawing to his end he said negaui cum Petro exiui cum Petro sed nendū amarè fleui cum Petro. The second was a relation how king Henry a litle before his death dealt with him secretly and seriously to go into Germany to a certaine diet and there to take some course that he might be reconciled to the pope But what maketh all this to the true expounding of this text Hora est iam nos de somno surgere Surely no more then if he should haue talked of clypping of goates or shearing of swine and such idle fancies as be represented to men in their sléepe Besides that here are many vntruthes conteined of which I haue great cause to doubt whether euer they were vttered in so famous and publike an auditory or no. First it is a most shamelesse vntruth to affirme that euer the king desired to be reconciled to the pope his words his actions yea all his procéedings tended to the contrarie and of this point he was so well resolued that rather he sought to perswade others to renounce the pope then determined himselfe to returne to the pope Finally what coulde be deuised more absurd then to feine that such a noble and magnanimous prince did voluntarily submit himselfe to a base enimie which by no force nor perswasion he coulde bée induced to do Secondly it is an absurd thing to thinke that if the king meant to do any such matter he would impose the charge vpon him that had written against the popes power and forsworne it and vntill the protectors death in king Edwards daies did acknowledge the princes supremacie Thirdly it is apparent that the king long time before his death suspected him for a secret traitor and coulde no way abide that he shoulde come in his presence as the Lord Paget and sir Anthonie Browne the Duke of Suffolke and diuers others testified And therefore if any such thing had béene in the kings head he woulde rather haue vsed any other then him At least he woulde haue declared his minde to some of his Counsails beside Gardiner Fourthly I cannot learne that euer the bishop of Winchester did speake these wordes at Paules crosse And therefore most like it is they haue béene forged since and fathered vpon him Lastly if the king woulde haue any such matter handled he woulde not haue sent into Germany but to Rome neither néeded hée to haue doubted but hée shoulde most willingly haue bin receiued if he had entended any such submission Al these points therefore séeme to haue bin deuised by some lying companion stand onely vpon the bare credite of this our wise aduersarie without proofe of any one witnes or record and therefore we may well conclude that the second
and therefore was it ordered That they should depart out of Paris within three dayes and out of France within fifteene dayes after notice to them giuen as corrupters of youth perturbers of publike peace and enemies of the king the state Iohn Chastel also himselfe cōfessed That Garet a Iesuite did teach him these lessons which made him resolue to kill the king Yea and that the father and sisters of the young man with teares and bitter tearmes detesting the Iesuites did declare further that it might appeare to posteritie that this was the doctrine of Iesuites that they taught the saide Chastell a pillar was set vp in the place where this desperate murderer and parricide dwelt testifying the same and mentioning that this was the cause of their expulsion out of France In that Monument the Iesuites are called Mali magistri and their colledge Schola impia and their religion called Noua malefica superstitio Further the Iesuites in a certaine apologie published presently vpon their expulsion out of France do not denie Iohn Chastels attempt to be lawfull or contrary to canons but rather conformable vnto them and that they endeuour to prooue by Sixtus Quintus his bul against the king and refute the sentence of the court against the saide Chastel as vniust He procéedeth further in cléering the Iesuites saith That Iohn Garet Chastels master being tortured denied that the Iesuites were priuie to this fact and that thereupon by publike testimony of the magistrate he was declared innocent Wherein he declareth himselfe very impudent howsoeuer the other was declared innocent for I haue shewed before by diuers arguments that the Iesuites were both priuie to this fact and did publikely defend the doctrine Nay the a Of the parliament of Paris register wherein his confession is recorded and the sentence of the court doth declare that the said Garet being a Iesuite was the teacher of that wicked doctrine which Chastell ment to execute therefore by publike sentence Was hee banished France and his goods confiscated Let it then bée considered with what conscience this woorthy Warder affirmeth that Garet was declared innocent by the magistrate Hée saith also That Iohn Ghineard Iesuite was put to death for that in his studie this question Whether it be lawfull in any case to kill a tyrant was found disputed on both sides without resolution But the a In the processe against Ghineard register of the court of parliament of Paris doth conuince his impudent lying For there it is testified that The saide Ghineard was founde seazed of diuers bookes composed by him and written with his owne hand conteining the approbation of the inhumane murder of Henry the third Beside that the court of Parliament of Paris enioined him to confesse That hee had wickedly spoken and determined that if Henry the fourth was not slaine in the wars hee must be slaine otherwise Finally his owne hande writing which hée acknowledged vpon his examination doth shewe that he did not onely propound the question in Thesi but resolued it in Hypothesi Neither doth our aduersarie doubt to accuse the Parliament of Paris of great iniustice for executing the saide Ghineard Seeing he saide no more then Thomas Caietan Sotus and other scholasticall diuines and Philosophers in times past As if scholasticall diuinitie and Philosophers fancies were warrant sufficient for men to kill princes or for Christians to attempt any thing Beside that the case of the Iesuites and of ancient writers is diuers These onely thinke it lawfull to kill such tyrants as by oppression and force inuade a kingdome The Iesuites account all tyrants that resist the popes tyrannie and are by him excommunicate Olde writers for the most part speake in Thesi against vsurpers But Ghineard the Iesuite spoke in Hypothesi and determined b In papers of Ghineard That it was lawfull to kill Henry the 3. and Henry the 4. which all the world acknowledgeth to be lawfull kings the popish faction onely excepted The fact of Iames Clement that murdred Henrie the third this Ghineard calleth Heroicall and a gift of gods spirit Speaking of king Henry the fourth he saith thus If he die not in the warres let him be slaine some otherwaies Hauing done with the Iesuites of France he goeth about to answere for the Iesuites of Doway and the low countries that as Peter Panne confessed himselfe Perswaded and hired and furnished him with a knife to kill Count Morice And this action he calleth a fiction denying that euer the Iesuites had any such intention But the matter is all too plaine to be faced out with flearing wordes The poore man was taken seased with a strange fashioned knife béeing examined he voluntarily confessed both his owne fault and by whome he was induced to do that wicked act He continued in his confession and was executed for his treason at Leyden The magistrates of Leyden do testifie so much and there is no cause why any part of this narration should séeme vntrue For no man hath reason to accuse himselfe or others vniustly especially where it goeth vpon the perill of a mans life Nor is it likely that any should suffer death for matter feined and supposed and without proofe Certes if any doubted of the matter before b Sica tragica Costers and this Noddies defence is so simple that it may greatly confirme him in this truth They alledge certificates to disprooue Peter Pannes confession But what credite can such writinges deserue that may bée forged for any thing wée knowe and béeing admitted to haue béene written yet appeare to haue beene extorted by the Iesuites and made by men fauouring their faction Beside that they séeme to bee graunted without due proofe and procéeding and yet neither conclude against Peter Panne nor his confession First it is alleaged That hee was no papist at all But that is a fiction without all colour For why should not he be reputed a papiste that was continually among them and neuer had tast of any other religion Secondly our aduersarie saith He was a drunken vagrant and madde fellow As if he were not therefore more likely to enterprise such a made action He telleth vs further That Peter Panne was a man extreamely well affected to Count Morice But how canne this be prooued seeing it appeareth by the processe made against him that he neither knew him nor euer had séene him before his comming into Holland Is it not extreame folly to imagine any such extremity of affection without cause or proofe Fourthly he would beare vs in hand That the Iesuites had no cause to desire Count Morice his death Why then did the Iesuites séeke his fathers death and perswade men to kill the Quéene of England and the French king Do not men of euery faction desire those taken out of the way that are opposite to their designes Fiftly he denieth that Peter Panne euer prouided butter for the colledge of Iesuites as is conteined in Peter
then the king taking vpon him to be the Popes champion persecuted poore Christians with great iniustice and cruelty And vsing the pretence of popish religion sought both by force of armes and fraudulent practise to vsurpe the dominions of other princes and to establish a tyranny among such people as by armes he had oppressed Hereupon let the world iudge whether Sir Francis had not reason to exhort all true English to oppose themselues against such ambition pride vsurpation treacherous practise iniustice cruelty and tyranny and whether any man in such a case could haue said lesse But if he had said more yet the kinges strange procéedinges against his sonne Charles testyfied by pope a Vita Pij 5. Girol Cat. Pius himselfe against his wiues complained of by the French against the prince of Orenge and the people of the low countries recorded in the actes of the Duke of Alua and testyfied by diuers apologies of the prince of Orenge and the states and knowne to many yet liuing against his subiectes of Naples and Milan reported in Natalis Comes and diuers histories against the Portingals witnessed by the historie of the conquest of Portugal by Don Antonio the king wrongfully dispossessed of his country and best knowne to the Portingals against the Quéene of England knowne to the world and recorded in the processe against Lopez the physicion and partly testyfied by Gierome Catena in the life of Pius Quintus against the secretarie Escouedo and Antonio Perez and the state of Arragon published to the world in a treatise for that purpose these procéedings I say and his whole life recorded in histories would sufficiently iustifie the same Against which recordes and testifications the idle talke of this addleheaded Noddy Concerning his catholike maiesties opposite vertues of his sweete nature and cōdition of his princely behauiour pious gouernement deserueth neither credite nor consideration He was of so swéete a nature that for certaine monthes before his death neither his physitions nor surgeōs nor others without good preseruatiues could endure to come néere him albeit his clothes and lodging were neuer so swéetely perfumed So excellent a thing it is to bée swéete natured Hée saith also That by the witnesse of enuy king Philip is cleered Percase hée himselfe in this frierlike declamation degorged in the kings praise taketh on him the person of enuie and so cléereth him Otherwise all the water in the baie of Alcasson woulde neither wash him nor cléere him Where sir Francis doth obiect to king Philip certaine dangerous practises héere in England during his mariage with Quéene Marie this idle discourser not remembring his title of Warde-word leaueth his garde and runneth into a néedlesse discourse Of the state of things in Queene Maries time while the Spaniards were in England As if it were in questiō what was then done in England and not how king Philip caried himselfe in Spaine and all other places or else as if the state of thinges in England concerned king Philips humors and qualities any thing at all Well let vs notwithstanding see what this idle iangler hath to say for the state of matters in England Hée saith first That king Philip paide the expences and for the furniture of the mariage with Queene Marie and how the two Spanish and English nauies that accompanied the king when hee came into England were at his cost vntill they came to Portesmouth and the whole traine from thence to Winchester and that the mariage was celebrated at his charges But what is this to the discharge of his promise concerning the relation of the state of England Besides that this narration is full of vanitie and falshoode For what is more vaine then to bragge that the king defraid the charges of his seruants and attendants or that hée paid the charges of his owne mariage What more consonant then that the husband and goodman of the house shoulde bee at the charge of his wife and houshold What a ridiculous thing is it to vaunt that the king paide all charges betwéene Portesmouth and Winchester when either little or nothing was spent in the iourney The falshood of his narration may be controlled by the accounts that are yet to bée seene in the auditor generals office and in the Eschequer For thereby it is apparent that the Queene not onely defraied the charge of her owne fléete but also spent infinitlie about the furniture and preparations for her mariage Money certes euill bestowed For neuer was mariage more vnhappie either to the prince her selfe or her state Secondly hée telleth That the Spanish nobles and gentlemen came furnished with necessities and money It is maruell he setteth not downe also how they came furnished with Moriscoes and Negroes and horseboies and such Canalliary All which pertaine as much to the purpose as that which hée setteth downe of the nobles and gentlemen But bée it they came well furnished yet that deserueth no great commendation As for their expences they could not be great séeing most did eate vpon the Quéenes charge and the rest ate bread by the ounce and drunke water by the quart and yet all of them coulde not auoide to come in merchants bookes Thirdly hée saith That the priuie councell was not altered by the king As if that were not a point following vpon the conditions of the mariage Beside that albeit he altered nothing yet through the subtiltie of Winchester the Councell was at his deuotion and shoulde no doubt haue béene altered but that he was preuented by the Quéenes death Fourthly he vaunteth much That he honored the English Nobilitie and gaue many of them great pensions But hée shoulde do well to name those that were so honored and enriched by king Philip. For it is more then I can learne Howbeit it is no strange matter if for to effect his purposes he was at some expence For fishers when they angle for fish must bée at the charge of the baite and fowlers that séeke to catch birdes must draw them to their nets by casting them meate Like vanitie he vseth where hée sheweth That the king honored highly English captaines and soldiers and made them equall in all points of seruice with the Spaniard As if it were a high point of honor for English to bée made equall with Spaniards Beside that all the honor the king did them was to suffer their throtes to bée cut in the sacke of Saint Quintin and the seruice ended to send them home poore bare and naked Hée affirmeth also That the king made our merchants free to enioy all priuiledges throughout all his kingdome Which is a plaine and most notorious vntruth For neither were they suffered to trade into the Indies nor had any more priuiledge in Spaine the Low countries then méere strangers as is euident by the merchants bookes now to be shewed if néede bée It is also a méere fable That the king in all quarrels betwixt English and Spaniards shoulde fauor the English
by the popes demandes to the king that could not be effected without greater authority by the propositions made by king Philip to the counsell to enlarge his power and release the rigour of the conditions whereto he was tyed by the kings secret working to draw ouer Spanish soldiers and his practises to possesse himselfe of the nauy and the principall portes and fortresses of this kingdome by wordes commonly giuen out by the testimony of Sir Francis Englefeld if he were aliue and would say truth and also of diuers others of the nobility by the ambitious humors of the Spaniard and finally for that otherwise his aduancement by this mariage would haue amounted to nothing And if in the low countries where he is but duke or earle he hath sought to be an absolute king we may not doubt of his purpose in England where he had the title of king and possessed the Quéene Where the letter saith That king Philip meant to haue altered the counsell to possesse the hauens to make new fortes to furnish them with his owne men to change the common lawes to bring in the Spanish inquisition and Spanish lawes and to impose strange taxes vpon vs after the fashion of Spaine he thinketh it sufficient to answere first That no such thing was attempted by him and secondly That all this was prouided for in the conditions of his mariage with the Queene But his slender surmises are all too weake to crosse such violent purposes For albeit béeing preuented by the hand of God that tooke away the Quéene he could not put matters in execution yet doth it not follow that he neuer had any such purpose or intention Againe it is a fond thing to imagine that the king could be tyed with wordes and conditions when experience teacheth vs that neither promises nor othes nor lawes of God nor lawes of nations could bridle his ambition He was a Guicciardin de paesi bassi precisely sworne to obserue the priuiledges and lawes of the low countries Yet did he obserue none but contrary to all order change the councell of estate bring in the inquisition and enlarge the authority of the ecclesiasticall state erect citadelles place garrisons and impose strange taxes vpon the people And if the Duke of Alua did this by his direction in the low countries no doubt but he would haue doone the same himselfe in England if he had atteined his purpose and had not béene crossed by the Quéenes death And that this was his full intention we haue already shewed by diuers argumentes beside the testimony of the letter These therefore are no bugges nor imaginations but true collections grounded vpon principles of state and the kings actions Héereby also we may gather that we were happily deliuered from the thraldome of the Spaniard more grieuous then the thraldome of Egypt as their rigorous dealing with them of the low countries may plainely enforme vs. Where among strange taxes imposed by the Spaniards one is mentioned most strange That the subiect payeth for euery chimney and others are noted as not common that some pay by the poll and all pay for their victuals so that a man cannot eat but the king must be paid as if he were a common host as indéede he kéepeth a common tauerne in his court after a base fashion that a man cannot drinke but the king will gaine somewhat our aduersarie wondreth That any should publish such childish toyes But the Spaniardes and the kings subiects in other places do find that the burthens are so heauy that neither children nor yet men are able to beare them And albeit there is percase some error in the particulars yet the sum is not much mistaken For throughout the kings dominions a tribute or taxe is paid for all things bought and sould in the market Neither is any marchandise exported or brought into the country or passed from place to place but there is a custome paid Of late there is a tribute exacted not onely for euery Hanega of corne ground at the mill but also for salt Neither are the countries of Biscay Arragon Nauarre Catalonia or Valentia so frée as our aduersary pretendeth In Flanders according to the Spanish stile the duke of Alua imposed a tenth and twentieth part vpon all the kings subiectes a tribute neuer exacted in the Turkish dominions Now then if the king exact such payments vpon his owne frée subiectes in what case are they like to be that he shall vanquish with his sword Where it is declared in the letter That the king purposed to roote out the nobility of England and to bring the commons to beggery and to sell all not aboue twentie yeeres ould for slaues our aduersary doth terme this narration sottish and impudent and asketh How this beeing contriued in England could be discouered by one in Spaine But whatsoeuer termes the relation doth deserue certaine it is that this manner of procéeding is most inhumane and barbarous and not so improbable as the warder would make it For first we may not thinke that the haughty minde of the Spaniard could either be content with a simple reuenge of wrongs or conteined within the boundes of common lawes and customes Secondly we know that the popes malice is so great against such as spurne at his authority that he stirreth vp all the world against them and Giueth them for slaues to those that canne take them as a Sander de schism lib. 1. Paule the third did giue the English in Henry the eight his daies Thirdly it is most notorious that in the Indiaes they haue practised all these barbarous cruelties so that they haue almost dispeopled diuers countries that were very ful of people at their first comming thither Fourthly the example of our neighbours of the low countries that liue vnder the Spanish yoke and haue their nobility eyther extinct or debased and their liberties abolished and liue in great slauery may shew vs some part of their purposes and as it were the plot of their gouernement Lastly in their fléete that came against vs anno 1588. beside store of halters and fetters prouided to bind our poore countrymen that should be taken prisoners and were already taken in conceit there were found in Don Pedro de valdez his ship diuers engines and irons to marke such as should be taken for slaues Adde héereunto the testimony of him that wrote the letter out of Spaine mentioned by Sir Francis and did vnderstand by good intelligence the resolution of the Spaniards in this point and wée shall not néede to make question but that this was indéed intended and resolued against our nation Neither coulde hée reueale this secret vnlesse it had come to his notice which might by diuers meanes come to passe For albeit the king hatched this purpose first within his owne brest yet was the same communicated to others and so made knowne in Spain to those that shoulde concurre in the execution of it Such abominable treasons God would
do practise against the prince and state and the tranquillitie of the countrey Christian religion doth not onely allow but also inioine princes and magistrates to punish them and roote them out And that euen the law of nature doth teach euery man planting in euery creature an instinct leading to his owne preseruation and allowing such things as are done for defence of our liues and such meanes as serue to that end Secondly the lawes of all nations do punish such as either consort themselues with forreine enimies or practise or imagine the death of the prince or séeke the destruction of the state By the lawes of q 25. Edward 3.2 Edward the third long since framed and alwaies executed in this kingdome it is adiudged high treason To compasse or imagine the death of the kinges or Queenes of this realme or to leuie warre against them or to be adherent to their enimies by which it is euident that those are to bée reputed traitors that commit any one of these fower points of treason viz. either That compasse or That imagine the Princes destruction or that Leuie warre against him or that Adhere to his enimies Which I woulde pray the Romish faction to obserue for that which shall be saide and prooued against them héereafter Within the compasse of these points also do they fall that shall either denie the prince to bée lawfully possessed of his crowne or else make him subiect to others beeing a soueraigne prince For it cannot bée imagined but that euery prince will defende his right and that hée cannot be depriued thereof without losse of his life or force of armes a L. 16. qui opem ff de furto ibidd Neither is it materiall whether in cases of this nature and practise of treason a man bée principall or accessarie or adherent For our lawes punish all alike as principals and déeme al adherents in treason to bée traitors Which is also allowed both by the lawes of the r Romaines and the Å¿ 11. q. 3. c. qui consentit extra de homicidio c. sicut dignum Canons of the Romish synagogue Ad L. Iuliam maiest l. 1. Neither may we thinke that these lawes are proper and peculiar to our nation t The lawes of the Romaines do hold him culpable of high treason That shall attempt against the state or against him that hath souereign authority or that shal raise sedition or stir vp enemies against the state or that shall giue counsell or send letters or messengers to publike enemies Likewise do they iudge of a Ibid. l. quiue him That shall run to the enemie or b Ibid. l. cuiusque Shall take an oath against the state or assist publike enemies with any meanes or make enemies of friends or enter into any faction against the state or receiue or giue an oath or note of faction The words of this last c L. Quisquis Cod. ad leg Iuliauâ— maiestatis law are Qui scelestam inâ—erit factionem aut factionis ipsius susceperit sacramentum vel dederit In ancient times those that fled to enemies béeing taken againe d L. is qui. ff de re milit Were throwne to wild beastes to be torne in peeces Those that reuealed the secrets of the state were likewise executed as traytors Transfugae ad hostes saith the e L. si quis §. transfugae ff de poenis law Aut secretorum nostrorum renuntiatores aut viui exurantur aut furca suspendantur Qui malo consilio saith f L. postliminium §. transfugae ff de cap. postlimi Paulus the lawyer proditoris animo patriam dereliquit hostium numero habendus est Where note I pray you that he accounteth them not onely bad subiectes but also publike enimies The later Romaine emperors do declare them g Extr. feud qui sunt rebelles To be rebels and disloyall traitors which either openly or couertly do the workes of rebels or practise against the prosperitie of the state And that is the common opinion of all lawyers They commit treason as saith h Lib. 3. consil 105. Socinus the yonger and i Consil 456. Alciat Qui faciunt tractatum contra personam domini or Qui tractatum faciunt contra statum principis vel reip as saith Bald. consil 58. seq lib. 1. Alexand. consil 13. lib. 6. Iason consil 86. lib. 3. Or Qui cum hostibus principis pacem amicitiam contraxerunt as saith De cius consil 604. 605. Or Qui reuelarunt secreta principis as is determined by Mars cons 1. All which pointes I must likewise pray our factious papists and popish proctors to remember And how it is a vaine matter to pretend their cacolike religion if they haue made any packe against the prince or state or had intelligence of any such matter or haue plotted with the pope or Spaniard for to make warres against the prince or state or haue had any deseigne to alienate the subiects mindes from the prince or to stir rebellion or else haue giuen counsell or assistance in any such plot or confederated or adioyned themselues to such practisers or adhered to them or reléeued them or haue themselues fled and contracted friendship or receiued pension or mainteinance from forreine enemies or bound themselues by oth or signall to theÌ„ or impugned the princes title or right or refused to assist her right or haue made any compact packe conspiracy or tractation to any such purpose or haue attempted any action tending that way The Spanish lawes likewise are verie seuere against such as attempt against the king or state or consent thereunto by déede word or counsell or make any insurrection against the king or state and that either within Spaine or without or that shall ioyne themselues with the kings enimies or aide theÌ„ in any sort All such king Alfonsus the 9. adiudged traitors and vnwoorthie to liue or sée the countrey against which they practise Que ninguno no sea osado saith a El fuero real tit de la guarda del rey hée por fecho ni por dicho ni por consejo de yr contra el rey ni contra susenÌ„orio ni hazer allevamiento ni bollicio contra el ni contra su reyno en su tierra ni fuera su tierra ni de pararse contra sus enemigos ni dar les armas ni otra ayuda ninguna por ninguna manera e qualquier persona que estas cosas o alguna dellas fiziere o ensayare de las fazer muera por ello è no sea dexado bivir The Spanish Ibidem tit 2. 4. lawes also inflict great penalties vpon such as shal either speak euill of the prince or refuse to assist him or to obey his commandements If then they take exceptions against our lawes yet may not the popes adherents refuse to be iudged by the lawes of them to whom they séem to runne for succour