England but because England holpe France in their wars against them What pretence had they to conquer Scotland but that Scotland succoured England Why hindred they the Switzers going into France with intention to conquer France but that they thought it a better morsel for themselves What colour used they to overcome the residue of the world but sometimes a pretence to defend their Confederates sometimes a shew to maintain the liberties of their Neighbours sometimes a feigned and hypocritical zeal of Religion when as indeed they oppressed them whom they pretended to defend brought into bondage for whose liberty they would seem to fight and were in all respects as irreligious as they whose Religion they seemed to condemn So to be short they cunningly enlarged their Confines by seeming to be careless of Conquests made themselves Monarchs by pretending to suppress Tyrants and did wrong unto all men by bearing an outward shew to suffer no manner of injury to be done unto any man This cunning in aspiring unto Forrain Dominions begun in the Infancy of the Romans prosperity continued in the riper years thereof and practised even until their declining Age was not only proper unto them but passed as their Empire did from them unto other Rulers by what name or title soever they were called taking advantage of the time omited no means to attain unto their desires and purposes Though therefore the name of Rebels in all Ages hath been odious their Cause was never unjust and the voluntary Aid given unto them never was honourable unto him that aided them yet the Chronicles not only of our Nation but also of other Regions Realms and Dominions are full of Examples of many Princes not inferior to the Princes of our Age be it in Might in Power in Authority or in Goodness who rather regarding the propagation and increase of their Dominions then the conservation and maintenance of their Honours did as our Princes do now not only receive their Neighbors Rebels into their protection but also use them as means and instruments to molest and persecute their Neighbours by whose decay and downfall they might rise and aspire unto higher Authority Neither hath the League of Amity the bond of Kindred and Parentage the duty of children to their Parents the affection of one Brother to another moved Princes to withdraw their helping hand succor and assistance from those who being tyed by all or some of those Bands rebelled against their Sovereigns Iames King of Scotland being not only in League with Henry the seventh being King of England but also by Oath and Homage bound unto him as his Vassal did not only favour and receive into his protection a young Man named Perkin who was suborned by Margaret Dutchess of Burgondy to call and carry himself for one of the Sons of her Brother King Edward but also married the said Perkin unto Katherine Daughter unto Alexander Earl of Huntley and his own neer Kins-woman and with him and for him invaded England Here you see the Vassal favour and succor the Rebels of his Sovereign and the neer Kins-woman conspire against her Leige Lord and King Richard Earl of Poictou because his Father Henry the second denyed him that Honour although by the death of the young King Henry he was become his eldest Son to marry him with the French Kings Sister Alice and to declare him immediately for his immediate Successor became the French Kings Man to serve him against his Father Robert Son unto William the Conqueror having tasted the sweetness in Commanding others so far that he loathed to be commanded by others Rebelled against his Father and was aided and succoured in his Rebellion by the French King Henry Son unto Henry surnamed the Grosse because his Father was Excommunicated by the Pope and as an Excommunicated person was not in his opinion to hold and sway the Empire was not only animated by the Pope to Rebel against his Father but also assisted by him until he took his Father Prisoner Here you see the Sons Rebelling against their own Fathers protected and succoured by them which either were or should have been Friends and Confederates unto their Fathers Henry base Brother unto Peter King of Castile knowing that his Brother for his evil and licentious life was generally hated of all his Subjects Rebelled against him and with the help of the Kings of France and Portugal deprived him of his Life and Crown Here you see the Brother bearing Arms against his Brother ayded by two Kings who should rather have favoured a Lawful King then an Usurper The Marquess of Villona and the Archbishop of Toledo both neer Kinsmen unto Ferdinando and Isabel King and Queen of Aragon and of Castile Rebelled against them both and received aid and succour in their Rebellion from Alonso King of Portugal Here you see the Kinsmen Rebelling against their own blood ayded by their Sovereigns Kinsman and Conâ—ederate And seeing all this how can you marvel that in this Age against the corruption whereof you and others inveigh most bitterly Princes ayd the Rebels of other Kings betwixt whom there is no manner of Alliance Or if there be any the same is long since dissolved and resolved into hatred and enmity For albeit the King of Spain Married the Sister of the Queen of England and of the late French King by which Marriages he was Allied unto both in League of Friendship and Affinity Yet you know and shall hereafter see that many occasions besides the deaths of his Wives have changed his love into hatred and his good will into malice So that it is no marvel since every injury asketh a revenge every enemy seeketh all means possible to hurt and annoy his Adversary and every Prince can be content to take such advantage for the enlargement of his Confines and for the maintenance of his Estate as the time and opportunity doth or shall yeild him If the Spaniard who hath purposed in his heart to devour and swallow up the Kingdom of France useth the Rebellion of the Guyzards for his best means and instruments or if the Queen of England who findeth no better ways to keep the Spaniard from invading and subduing her Realms and Dominions then to busie and to find him continually occupied in defending or in recovering his own doth succour his pretended Subjects of the United Provinces for indeed they are not his Subjects and vouchsafeth daily to send them such supplies of Men and Money as seem most necessary for their defence The Third Point whereat they wonder dependeth somewhat upon this Point which is Why the Flemmings being always reputed a fearful and timerous Nation And the Frenchmen having at all times most worthily carried the names of the most Faithful and Loyal Subjects of Europe the one in hatred of the Spaniard Rebelleth against the Spaniard and the other at the Instigation of the Spanish King beareth Arms in his behalf against their natural Leige Lord and Soveraign But if it
Raigne married Margaret his Daughter at Yorke and then and there did him homage for his Kingdom Lastly it appeared by the Popes Bulls written into Scotland that the Kings of Scotland were excommunicated by divers Popes because they would not obey the Kings of England their Lords and Soveraignes Buâ— against all this and whatsoever else may be said by us to fortifie and defend our Title the Scots make three principall Objections The first that their King never did homage unto us but for the Countries of Northumberland Cumberland Westmerland and Huntingdon the which they confess they held of our Kings and by their grant and guift The second that Edward the third being chosen Arbitrator of the great and notable contention that was betwixt Iohn Baliâ—l and Robert Bruce for the Kingdom took the two Competitors aside and sounded which of them would take the kingdom to hold it of him which when Robert whose Title was as they thought best refused to do and Iohn was content to performe hee wrongfully pronounced Judgement for Iohn Baliol and so extorted this Homage by Fraud and Corruption The third that the Estates of the Realme never acknowledged this Homage but were so farr from yeilding thereunto that the Nobility of Scotland deprived Iohn Baliol of the Crown and gave the same unto Robert the first because he submitted himself and his Kingdom unto King Ed. The three Objâ—ctions may not be unanswered and therefore unto â—very one of them in Order True it is that a King may hold his Kingdom of no Superior and yet owe Homage for some Member thereof unto another or some Principality that hee holdeth of an other and he shall still nevertheless remaine a most absolute King For who will deny King Edward the third of England to be either absolute or Soveraigne King of England although he swore Homage and Fidelity unto King Iohn of France for Gascoigne and other Dominions which he held of him in France Or who will take the Emperor Chales the fift not to bee an absolute and Soveraign King in Spain or other his Dominions and Kingdomes because hee sometimes owed Fidelity and Homage unto the French King for the Dukedome of Burgondy Bâ—t the case is altered in the King of Scots because hee did Homage both for these Countries and for his Kingdom And this is no good Argument The King of Scots did Homage unto England for certain English Provinces held of England therefore they did not Homage for Scotland But the second Objection is of better weight and yet may bee thus answered I might here oppose the Credit of an English man against a Scots credit and desire to have Holinshed and Thâ— Walsingham speaking for us to be as well believed as Hector Boetius and George Buchanan would bee credited when they speake for Scotland But you shall heare this Objection confuted by an Italian namely by Pelidore Virgil a man of more indifferency of less partiality and perhaps of better Judgement against whom if it be be said that he was either hired to write our History favorably or that he could write nothing of us but what he had from us I â—nswer that there was never any man justly condemned upon a bare and light suspition and I eftsoones say as I once said before that where a matter cannot be proved but by domestical witnesses there such a proof is both allowable and lawfull Then to refell this Objection I say out of Polid. Virgil that Kâ—ng Edward pronounced not Judgment for Iohn Balioll because he promised to hold Scotland in homage of him but because he came of the eldest Daughter of King David and Robert Bruce of the Second I strengthen my saying by these Arguments First it is said that King Edward very wisely when as this great conâ—ention was referred unto his Audience and determination he called together as Hector Boetiâ—s himself writeth the learnedst men of England and of Scotland he sent the State of the Question into France whence he received Answer that Iohn Baliolls Title was the better And because he might be suâ—pected if he should examine the matter alone and give sentence himself he chose 12. English men as Boetius saith or 20. as Holinshed reporteâ—h and as many Scots as English men whom he made Judges of the controversie and they when they had throughly discussed both conpetitors Rights gave Judgment for Iohn Balioll which Award was confirmed by the King Then whenas the King had seen so many Evidences and proofs confirming his Right and Title unto the Soveraignity of Scotland as are before mentioned is it likely that he who had Right to that which he demanded would condition with the Competitors in such manner as is objected Lastly although he had made Iohn Baliâ—ll to enter into such a condition and to binde himselfe thereunto this cannot help the Scots for that it is lawfull for any Man to Claime his Right at any time and to tell him that is likely to detaine and withstand his Right that he shall not have his lawfull Favor unlesse he will be content And this is most lawful in a cause of Contention betwixt the Soveraigne and his Vassal because the Soveraigne must require Homage at his hands and the Vassal is not in some Mens opinion bound to do him homage unlesse it be required The third Objection is Answered with as little difficultie as the rest For the chief Peers of Scotland acknowledged Obedience and homage unto King Edward They consented unto the delivery which Iohn Balioll made unto our king of his kingdom they required our king to be bound as he was in an hundred thousand Marks to deliver the kingdom to thier king again within two moneths and they appointed certain principal Noblemen to receive and keep the Revenues and Profits of the Crown to his use whom King Edward should declare to have best Right thereunto Againe Iohn Balioll was not deprived of his Crown by the States and Nobility of Scotland as Bucanan reporteth but was enforced as Hector Boetius restifieth to resigne all his right in the Crown unto King Edward and to relinquish and give over his kingdom and at the same time all the Nobility of Scotland did swear homage and Obedâ—ence unto our King and Boetius hath nothing to say 〈◊〉 their defence but that our King enforced them thereunto As though it were not lawfull for the Superior to constraine his Vassals and Subjects in case fair means cannot prevaile with them by violence to acknowledge their duty and service unto him But it pleased the Almighty to punish the Scotish disloyalty Inconstancy and Rebellion they revolted often They broke their promise many times They thought it lawfull to delude us with fair words and to deceive us with vaine promises But the eternall who hateth deceivers and deceitfull dealings so prospered all our Attemps against them that our King for a while left them destitute of a King caused them to swear and submit themselves unto some of
Forces tended to no other purpose then to chuse him But the king of Spains device was not in all respects so cleanly as you shall hear by the sequel But you must first understand how many Competetors there were for this one Crown and what right every one of them had thereunto Emanuel king of Portugal married first Isabel Daughter to Ferdinando king of Castile by whom he had but one male child which died in his infancy Then he took to Wife Mary the second Daughter of the said Ferdinand by whom he had nine children Iohn who had issue Iohn the third and he Sebastian which was lately slain not leaving any issue behind him Lodowick who was lately secretly married and had issue this Don Antonio who now liveth in England The third child was Ferdinando who married a daughter of the Earl of Marialva by whom he had two Sons who dyed before their Father The fourth was Alphonsus who was made Cardinal and departed the world not having any child The fifth was Henry who was likewise a Cardinal and king after Don Sebastian and died also without issue The sixth was Edward who married Theodosia Dutchess of Burgantia by whom he had three children that is to say Mary who married Alexander Prince of Parma Katharine who took to husband the Duke of Burgantia and Edward who died unmarried The seventh was Anthony who died in his infancy The eighth childe was Isabel who was married to Charles the Emperour and had issue by him the present king of Spain The last was Beatrice wife to the Duke of Savoy These were the issue now follow the Competitors they were five Don Antonio lawful son as he proved unto Lodowick the second heir male of Emanuel The Prince of Parma as Tutor unto his son begotten upon the eldest daughter of Edward the sixth heir male The Duke of Bergantia begotten on the body of Katharine the second daughter of the said Edward King Philip begotten of the body of Isabel eldest daughter unto Emanuel And the Duke of Savoy the lawful heir of the youngest daughter of the said Emanuel Now of all these competitors to deliver you first my opinion I take it alwaies salvo meliori judicio that none of them all could lawfully claim the Crown of Portugal For as many as hold the marriage of Henry the eighth king of England with the Lady Katharine unlawful because she was married unto his eldest brother Arthur must needs hold the marriage of Emanuel king of Portugal far more unlawful because both king Henry and he married unlawfully For if two brethren cannot successively marry one woman truly two sisters cannot be married unto one man And the reason which some use to justifie king Henry his marriage cannot serve for the justification of king Emanuel's matrimony for all that was said in the defence of the Lady Katharine was that her husband never knew her carnally which cannot be truly said for king Emanuel because he had a son by his first wife wherefore if all these nine children being begotten in unlawful wedlock cannot possibly be reputed legitimate and therefore are not lawful heirs to their reputed fathers much less can any of they who descend from any of these nine children be esteemed lawful heirs to the Crown of Portugal But grant them to be lawful and then to each of their Titles in order Don Antonio hath sufficiently justified his Title in his Apologie by many reasons which I reduce to these three principally First he proveth his Fathers marriage though it were with his far inferiour to be lawful notwithstanding the disparagement in regard of which it was concealed Then he fortifieth his Title by the custome of the people of Portugal who by ancient priviledge challenge a right in case of controversie for the Crown to make choice of such an one of the competitors as they shall have a special liking and love unto Lastly he either sheweth or might shew that Bastards have succeeded in the Kingdom of Portugal and that therefore although Bastardy had been fully proved against him yet being chosen by the common consent of the people it was no sufficient bar or lawful exception to say that he was a Bastard especially being made by such an one as came from a Bastard himself and holdeth his own Kingdom by right derived from a Bastard as doth the present king of Spain For the Chronicles of Spain report that Henry bastard brother unto Peter king of Spain taking advantage of the evil opinion which was conceived of his brother by reason of his loose and dissolute life by the help of the French King notwithstanding that Edward the third aided the said Peter and once restored him to his Crown drave him the second time from the same and having slain him in the Field usurped his Royal dignity and transferred it unto his heirs of which king Philip is lineally descended For there was a time when as Iohn Prince of Castile and son to Henry of Castile challenged the Kingdom of Portugal because he had married Beatrice the only daughter and heir of Ferdinando late king of Portugal but the people would not accept him for their king because they naturally hated the Castilians and therefore they chose a bastard for their king named Denis saying That it was as lawful for them to chuse the said bastard for their king as it was for the Castilians to admit Henry the bastard for their king who had as is above said deprived most unlawfully and unnaturally the lawful king of his life and Scepter Now from Don Antonio unto the rest in general who because they all claim by right of their mothers are all excluded by an inviolable law of Portugal alledged against the aforesaid Iohn Prince of Castile in the behalf of the aforementioned bastard Denis whereby it is provided That no woman shall enjoy the Crown of Portugal For whereas there is a Law that no woman shall succeed the same Law as it appeareth by the Law Salique alledged against us in the time of King Edward the third excludeth also the males descending from the woman And so these four Competitors claim is utterly void and of none effect And in case where women may succeed the Females descending from an heir male are to be preferred before such as come only and directly from the female And so the Prince of Parma and the Duke of Bergantia descending from the daughters of Prince Edw. and they in law succeeding their Father as the same person and his undoubted heirs are not only to be preferred before the King of Spain and the Duke of Savoy who came of the daughters of the before-named Emanuel but also before their Aunts the said King Philips and Duke of Savoy's mothers because in matter of Succession the elder brothers children are always preferred before the Uncles or Aunts Those Titles and the means how the Kings of Spain prevailed before the rest of his Competitors are largely set
Again this was no direction but an admonition no counsel but a request and such a request as might rather have honoured then disgraced him For had it not been a great glory and commendation unto him not onely to have listened but also to have submitted himself unto the motion and final judgment of so many Honourable and Princely Intercessors Was it think you a dishonour unto Alphonsus King of Castile and to Garsias King of Navarre that they referred the contention betwixt them for the bounds and limits of their Kingdoms unto the judgement and decision of Henry the second King of England Wise Princes rather then they will enter into wars or being at wars continue therein do usually commit their controversies sometimes to the determination of their equals and sometimes to their far inferiours and although the cause be far greater and of more weight then the controversie betwixt the Spanish King and his Subjects was yet they have been content to stand to their doom and judgement The contention betwixt Artobazenes and Zerzes was one of the most famous and intricate questions that hath been betwixt Prince and Prince Artobazenes challenged the Kingdom of the Medians because he was the first begotten son of his father Darius and Zerzes thought himself worthy to be preferred because his Father was but a private man when his Brother was begotten and a King whenas he begat him and therefore his Fathers private Patrimony belonged in his opinion unto his Brother but the Kingdom was his own Inheritance the rather because Artobazenes came not onely of a private man but also of a Mother and Grandfather by the Mothers side which were not Princes whereas both his Mother and Grandfather had kings to their Fathers This contention by mutual consent was referred unto the Uncle Artipherus who after due examination of the Cause gave the Kingdom unto Zerzes and this judgement hath ever since remained and been held for a lawfull sentence and notable president to be imitated in the like occasion even in these dayes There are few or no Historiographers of France England or Scotland that mention not the notable controversie betwixt Iohn Ballioll Robert Bruse and Iohn Hastings Husbands unto the three Daughters of David King of Scotland and Co-heirs of that Kingdom after the death of their Brother Alexander and by common consent of all Historians this rare and strange contention was referred unto Edward the first King of England who chose forty or some say eighty the one half English men and the other half Scotish-men who having throughly discussed every mans right gave sentence for Iohn Balliol who discended of the eldest Daughter of the King of Scotland which Award was confirmed by the King The Chronicles of Flanders and our Histories testifie that Henry the second and Philip King of France and after them Philip sirnamed The Fair and the Flemings his subjects after they had been over-wearied with a long continuance of most cruel and sharp wars the first two compromitted their difference unto their Archbishops and the later unto men of meanner condition and yet both the first and the last stood unto their Arbitâ—ement I could alledge many other Examples to this purpose but they would rather dilate thâ—n discuss my purpose and therefore that which hath been said shall suffice for the confutation of part of this last Reason And the rest shall be confuted more conveniâ—ntly in another place Then to the third Error Seeing that his purposes failed him in Flanders that the Hollanders were continually secured against him by the Queen of England that the Princes Cities Protestants increased daily as well in number as in power and authority he thinking that it would redound greatly to his glory honour and reputation to professe himself to be head and Protector of the Holy League which was intended to be made against all Princes or any other whatsoever professing Lutheranism entred into League with the Pope the Princes of Italy the Duke of Lorrain and the House of Guise with express condition that he as head and they as principal Adherents should labour travel and endeavour to the uttermost of their power to subvert all those which made profession of a contrary Religion unto theirs To sound the depth of this Alliance and to understand whether the same shall be profitable or glorious honest or commendable for him it shall be very expedient to enter into a particular consideration of the powers qualities conditions and means of every one of these Allies For although some or most of them have been spoken of before when we handled their abilities and means to hurt and annoy him yet it shall not be now amiss to declare what strength and sufficiency they have to help and further his intents and purposes The Pope as Christs Vicar the Holy Father of the Church the lawfull successor of St. Peter and the chief Protector of the Roman and the Catholick Faith for all these are his Titles that he challengeth as proper and peculiar to himself will think that his sacred Holiness is greatly wronged if I should not vouchsafe him the first place in this Alliance For albeit he very seldom entereth into League with Princes that are of less might then himself yet be his confederates never so great let their charges never so much exceed his and their Armies be they by Sea or by Land far excel his as well in number as in valour yet he claimeth a Prerogative to be chief Patron of the confederacy and Umpier and Arbitrator of all conâ—entions that may arise thereof The most famous Enterprise that hath been of late years was the Attempt made at Lepanto against the Turk by Pius Quintus King Philip that now is and the Venetians For the performance whereof the Spanish King and the Seigniorie of Venice were at far greater charges imployed more Gallies and greater Forces then his Holiness and yet the Reverend Father by reason of his usurped prerogative must needs have the honor of the first place in that League and whatsoever debates or difference fell out in any thing concerning the said League the same was to be referred unto his Holiness and to receive no other end then such as he should decree and determine For fear therefore of his heavy indignation I will not presume to defraud him of his honour The Princes of Italy shall have the second place and the Peers of France the last It shall be easie for any man to make conjecture and give his judgement of the Popes power and puissance that will consider that his City of Rome which is the chief seat and the greatest part of his strength retaineth not so much as the bare shadow of her ancient vertue that she loseth her Reputation Prosperity Peace and Dignity as soon as she beginnineth to be troubled or molested with the factions and partialities of the contentious Ursini and Colonesi two notable Families of
no great Armies subdued the same and why may not the like fortune happen to the Spainard Truely if it might be inferred as a necessary consequent that the Country that hath been conquered many times and by many Nations should always be very easily conquered This inference might be far better made and used against Spain then against England For Spain was first governed by Tuball the Son of Iapheth the Son of Noe and by his posterity who were deprived of the Possession and Government thereof by the Sidonians and they by the Thracians and they by the Rhodians and they by the Phrygians and they by the Phenicians and they by the Cypriots and they by the Aegyptians and they by the Miletians and they by the Phocentians and they by the Chaldeans and they by the Carthaginians and they by the Romans and they by the Gothes and they by the Vice-Gothes and they lastly by the Spainards whom the Saâ—azens had driven out of their Country had not the Frenchmen holpen them to repel and expel the Sarâ—zens England was undoubtedly subdued by the Romans but not before they had conquered all the rest of the World because they reserved as it may be well supposed the conquest thereof as Conquerors most commonly do in great Enterprises for the last and greatest Exploit which they had to do or for the best reward that they could attain or expect of their long and tedious Wars And it is written that they boasted more of the Conquest thereof then of all the Victories which they had obtained in their dayes because they supposed that England which was divided from the rest of the World by the Sea was no part of the World and therefore they made two Triumphs thereof the one of the main Land and the other of the huge and merciless Sea The Danes and Saxons likewise subdued England but they enjoyed their Conquest but a very few years And how subdued they England Not by main force as Spain was always conquered but by cunning and deceit for Vortiger King of England being continually molested by Pirates and by the Scots was constrained to require Aid of the Saxons who sent him a great Army under the Conduct of two Brethren Engistus and Orsus of which Engistus having cunningly obtained of the King a convenient place for his people to dwell in fortified the same secretly got more thereunto covertly politickly perswaded the King to send for more forces out of Saxony and lastly Married his Daughter unto the King by whose means he brought his Countrymen in great credit with his Majesty made him banish the chief Nobility from the Court caused the King by this means to incur the hatred of his Subjects and when he perceived that our Country-men began to suspect and fear his over-growing Greatness he suddenly entred into league with the Picts the Antient Enemies of England and with their helps made an easie conquest thereof William the Conqueror became Master of England in this manner Edward King of England dying in the year 1065. made by his last Will and Testament William Duke of Normandy his sole and lawful Heir with the consent and counsel of the cheif Peers and Barons of his Realm But afterwards being wone thereunto by the flattery and sweet words of his Wife he changed his maid and adopted Harrold his Brother for his Heir whereupon there grew a great variance and contention betwixt the said VVilliam and Harrold who having some occasion to go into Flanders was by contrary winds driven into Normandy where he was presently intercepted and carried unto the Duke as a Prisoner before whom when he came fearing that he should not be set at liberty in a long time nor without a great Ransom unlesse he used some cunning device for his present delivery He said unto the Duke Other Princes Noble Duke when they have occasion to require Helps or any thing else of their Neighbours or Confederates use to demand the same by their Ambassadors But I contrary to this Custom knowing that there is no better way to end this contention and competency which is betwixt you and me then for me to marry your Daughter am come in person to pray your good Will that I may have her for my Wife The Duke yeeldeth to his desire Harrold with his new Spouse returneth speedily into England commandeth all Normans upon pain of death to depart out off his Realm within three dayes prostituteth his wife unto his meanest servants cutteth of her nose and her ears and sendeth her back unto her Father in a Fisher-mens Boat This Injury and Indignity may seem grievous unto you that hear it No marvel then if it so grieved her poor Father that to be revenged thereof he presently implored the help of his Friends who what for pitty of the distrested Princess what in hope of high rewards what in regard of the love and duty that some bare unto the Duke were so many that the greatest part of the Nobility of France with all the power that they could possibly make accompanied him in his journey But from him unto those kings of England who being driven from their Kingdoms recovered the same with small difficulty And not to be over tedious it shall suffice to mention unto you but two Princes of that kinde namely Edward the fourth and Henry the seventh And first to Edward who being deprived by his own Subjects of his Royal Diadem fled unto the Duke of Bugundy of whom obtaining an Army but of two thousand men onely he returned into England and finding that very few favoured him so long as he demanded the Crown he caused it to be proclaimed and published that he required nothing but the Dukedom of York whereunto every man knowing that he had Right many began to favour him and no man at his first landing in Yorkshire would resist him and yet he was not received into the City of York before that he had sworn faith and obedience unto the King This Oath being solemnly taken he goeth forward towards London Some few of his Friends came unto him upon the way The Earl of Warwick his Brother who was incamped neer about York to intercept him on the way either for fear or through ignorance suffereth him to proceed on his journey and so without so much as one stroke he came to London where he was received by the Citizens with great joy and gladness because divers of the richest sort doubting that they should never have again such sums of money as they had lent him whiles he was their king unless he recovered the Kingdom had purchased him the favour and friendship of the greatest part of the City of which being once Master he increased daily in power and strength and his Brother the Duke of Clarence and others leaving the Earl of Warwick and his Faction made him so strong that he daily subdued the rest of his Enemies Thus prevailed he Now from him unto Henry the seventh who
and Antonio Peres his voluntary confession which is a slender kind of proof and especially against a King for exceptions may be made and taken against it As that Antonio Peres bewrayeth his own filthiness and therefore is not to be heard That he is but one witness That he is as Socius Criminis and therefore his accusation of little force and many other like which for brevity I omit and will dispute tanquam ex concessis and have two principal reasons to induce me thereunto The first because I presume that no man will be so impudent as to accuse a King and his own Soveraign to his face and to the view of all the world of a horrible murther unless his accusation were true and tended rather to purge himself then to defame and discredit his Prince The second cause I find that the Spanish Kings friends and favourers have not made any conscience or difficulty to calumniate our Princess her life and actions upon far more slender presumptions then we have of this murther The Author of that seditious Book which was written against the late King of France delivereth it for his resolute opinion That the said King deserved to lose his Crown because he not only consented but also commanded the Duke of Guise and the Cardinal his Brother to be murthered He aggravateth his murther by three principal reasons and instances The first Because they were innocent The second Because they were allied unto the King And the third Because they were massacred by common murtherers These reasons have already been sufficiently reproved Their innocency hath been shewed to be horrible treasons their alliance unto their King not worthy of pardon or commiseration and their death to be warrantable by Law and equity It resteth to make a brief comparison betwixt them and Escovedo and the comparison may be this Escovedo practised with friends they with foes He for the King's Brother they against the King his Brother and all his blood He to the benefit of his Prince and Country they to the hurt and ruine of the King and his realm He with the consent and command of the King's Lieutenant they against the will and pleasure of all the King 's loving and faithful Officers He to reduce the King's subjects to their obedience they to alienate their Princes subjects from their allegiance He to submit strangers unto his Princes Dominions and they to subject their Prince and Country unto strangers He to â—oyn other Countries with the Spanish Kings they to dismember and distract many provinces from the French Crown He was never admonished to desist they were oft-times required to depart from their unlawful League and Confederacy He was cut off before he came to any open action they lived after they had committed many notable and notorious treasons He was accused but of presumption they were convicted by divers and evident proofs He perished because it was thought he would or might have done evil they were not executed before it appeared that they had done too much evil He living could not endanger his Kings life and they if they had not been slain when they were would have shortned their King's days and utterly have subverted his Realm and their Country Briefly his death did the Spanish King no good their punishment had freed the French King and his Country of many troubles and dangers had not a factious and wicked Fryer ended his life before he could see an end of those troubles If ergo the King of France deserved to be excommunicated and deposed for murthering them much more deserveth the King of Spain the like punishment for massacring him although they far excelled him in honour and dignity And if great crimes are to be punished with great penalties small offences with small correction and such as the fault is such is the chastisement I shall not need to prove my opinion with more arguments And if the common and Ecclesiastical Laws have no greater punishment then degradation and excommunication and both of them are equal unto deposition unto death in the Civil Law and if for what faults they may be afflicted by an Ecclesiastical Judge deposition and death may be imposed for the same crimes by a Civil Magistrate Murther being punished with degradation and excommunication in an Ecclesiastical Court Murther must needs be capital before a Temporal Judge But what need I stand any longer upon the proof of my opinion The Author of the before-named seditious Book easeth me of that pain Ergo since the Law saith Such Judgement as a man giveth against another such must he expect and look for himself and he that approveth a witnesses honesty and integrity when he is produced to testifie in a matter for him cannot refuse to take exceptions against his person if he chance to be brought forth afterwards for a witness in another cause against him The Leaguers were the Spanish King's friends who by the mouth of this author have condemned the French King for a murtherer and have thought him worthy to be deprived for those murthers must needs allow the same reasons the same Law the same judgement against the Spaniard Thus the third question is cleared Now followeth the fourth in the handling whereof I shall likewise be eased by the same author for the same examples which fortifie his opinion may serve to confirm my assertion He mentioneth many Princes who were deposed or excommunicated or censured by the Pope for murther The Princes deposed were Ptolomeus Phisco King of Egypt Tarquinus superbus King of Rome Philip King of Macedonia Herdanus King of Castile and Edward and Richard both the second Kings of England The Kings excommunicated by the Pope were Peter King of Castile whom Pope Urban excommunicated because he killed Blanch the daughter of the Duke of Barbon and divers Peers of his Realm Maganus Nicholas King of Denmark who was likewise excommunicated for the murther committed by his sons procurement on the person of Canutus his Nephew And lastly King Iohn of England who incurred the like punishment for causing his Nephew Arthur to be murthered without any desert without any due observance of Law or Equity The same author aggravateth again the French King's murther because the Cardinal was an Ecclesiastical man and a man of great Calling and Dignity and proveth again his opinion by the example of Henry the eighth King of England whom the Pope excommunicated and absolved his subjects from the oath and duty of obedience which they owed unto him because he cause Fisher Bishop of Rochester to be done to death And by the example of Bolislaus King of Poland whom Gregory the seventh not only excommunicated but also deprived him of his Crown and Dignity because he had killed holy Stomlaus But it may be said that the French King killed two and the Spaniard but one that Escovedo was a man of no such quality as the Duke and the Cardinal that their death alone was not the only crime that
partakers of it foolish in a King and Capital in a Subject Eumenes was King but of a poore Castle and yet he would not accknowledge mightie Antigonus for his Superior Pompey was a Subject and yet he could not endure any one man to bee above him Caesar a Citizen of Rome and yet he could not brooke an equall And the late Prince of Orange a Prince of no great Power or Wealth and yet he held himself for as absolute a Prince as the mightie Monarch of Spain This again is proved by a notable example of the Emperor Charles the 4. who coming into France in the time of Charles the 5. King of France to end all debates and quarrells betwixt him and our King was mett upon the way by the French King which is a ceremony observed by them who acknowledge themselves to bee inferior unto him whom they meet but the Emperor as soon as they were mett would have yeilded the highest place unto the King and accepted it not without great ceremony and it was written that it was given him but of Curtesie a Curtesie usuall among Princes aswell as amongst private men for as private men in their own houses and at their own Tables will of Curteâ—ie sett meaner men then they are before themselves so Princes when strange Kings come into their country will preferr them before themselves It is ceâ—tain that the Emperor precedeth of right all the Princes of Christendom And yet when Francis the first King of France was brought from Pavia where he was taken Prisoner into Spain at their fiâ—st meeting the Emprror and he embraced one another on horseback with their Capps in their hands and in covering their heads there passâ—d great ceremony betwixt them each of them striving to bee the last that should bee covered and after that they had talked a while they both covered their heads at one very selfesame time And after that there was a new strife betwixt them for the right hand This again is proved by the Emperor Sigismond who when hee would have made the Earle of Savoy as you have heard upon an other occasion Duke at Lyons hee was commanded by the Kings Attorney not to attempt any such thing in France aswell because it was thought that being in an other Kings Country he lost his Authority and Power to create a Duke as for that it seemed unto the French King that he was not to suffer him to use any Royall Authority within his dominions The Queen of Scotts therefore when shee was in England was inferior unto the Queens Majesty and this inferioritie is proved by three other principal Reasons The one because there is an inequalitie betwixt Kings one of them being better then an other The other because she was her Majesties Vassall and the third because she was deposed and so no longer a Queen First for the inequality it is certain that the Kings of Spain and of France be both resolute Princes and yet France challengeth precedency before Spain for five principal causes The first because the consent and opinion of the learned is for France and not for Spain The second because the French Kings have a long time had the honor to be Emperors and not the Kings of Spain The third because the French Kings have been called most Christian Kings these many hundred yeares and Ferdinando the fift was the first and that but lately that was called the Catholick King of Spain The fourth because at the Feast of St. George in England France even in Queen Maries time was preferred before Spain The fift because the house of France is more ancient then that of Spain which raigned long before the Castle of Hapsburg was builded The sixt and last because the book of ceremonies which is kept at Rome preferreth France before Spain Next to France is England as appeareth by the same book which putteth England in the second place and Spain in the third Again those Kings are best which are Crowned and by the same book it is evident that France England and Spain only have Crowned Kings Next it seemeth that the meaner sort of Kings also strive for Precedency and one of them will be accompted better then another For it is written that Matthew King of Hungary thinking himself better then Ladislaus King of Bohemia when they met once together Matthew went bare-headed and tyed about the head with a green Garland because hee would not put off his Capp unto the Bohemian but have him put off his unto him which the King of Bohemia perceiving deceived his expectation by tying his own Capp so fast unto his head that when they met hee could not put it off and so the Hungarian being bare-headed saluted the Bohemian that was covered But to leave these Inequalities and to come unto the second point which being proved it must needs follow that the Scottish Queen was farr inferior unto our Queen uâ—â—o whom shee owed honor homage and obedience Many of our Kings have challenged the Soveraignity over Scotland but none prosecuted the same more eagerly then Edward the first who because hee would be sure that his right thereunto was good caused all the Monasteriâ—s of England and Wales to bee searched to see what evidences or bookes he could finde in them to prove his Title The King found in the Chronicles of Mariamis Scotus of William of Malmesburg of Roger of Hoveden of Henry of Huntingdâ—n and of Radolph of â—ucet that King Edward his Predecessor in the yeare of our Lord nine hundred and ten subdued the Kings of Scotland and Câ—mberland and that the Subjects of both these kingdoms in the nine hundred and eleventh year chose the said Edward for their Soveraign Lord. He found further that Adeslaus King of England subdued in the yeare nine hundred twenty six Scotland and Northumberland and that the People of both Countries submitting themselves unto him swore unto him both fidelity and homage Hee found again that King Edgar overcame Rinad the son of Alphinus King of Scots and that by that victory he became King of Four kingdoms namely of England Scotland Denmarke and Norway He found also that St. Edward gave the kingdom of Scotland to bee held under him unto Malcolm son unto the King of Cumberland and that William the Conqueror in the sixt year of his raigne conquered the said Malcolm and took an oath of homage and fidelity of him The like did William Rufus unto the same Malcolm and unto his two Sons who raigned one after another Besides it appeareth unto the said Edward that Alexander King of Scotland succâ—eded his brother Edgar in his kingdome with the consent of Henry the first King of England that David King of Scots did homage unto King Stephen and William unto King Henry the second unto Henry the third unto King Richard and unto King Iohn It appeared again by the Chronicles of St. Albans that Alexander King of Scots in the thirty year of King Henries