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A57374 A discovrse of the originall and fundamentall cause of naturall, customary, arbitrary, voluntary and necessary warre with the mystery of invasive warre : that ecclesiasticall prelates, have alwayes beene subject to temporall princes ... / by Sir Walter Rawleigh ... Raleigh, Walter, Sir, 1552?-1618. 1650 (1650) Wing R158; ESTC R9599 18,812 70

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nature not altogether but in part A second motive is Revenge of injury susteined This might be avoided if all men could be honest otherwise not For Princes must give protection to their Subjects and adherents when worthy occasion shall require it else will they be held unworthy and unsufficient then which there can be to them no greater perill Wherefore Caesar in all deliberations where difficulties and dangers threatned on the one side and the opinion that there should be in him Parum Praesidii little safeguard for his friends was doubted on the other side alwayes chose rather to venture upon extreamities then to have it thought that he was a weake protector Yea by such maintenance of their dependants Many Noblemen in all formes of Government and in every mans memory have kept themselves in greatnesse with little help of any other vertue Neither have meere Tyrants been altogether carelesse to mainetaine free from oppression of strangers those Subjects of theirs whom themselves have most basely esteemed and used as no better then slaves For there is no master that can expect good service from his bondslaves if he suffer them to be beaten and daily ill intreated by other men To remedy this it were needfull that Justice should every where bee duly ministred aswell to strangers as to Denizons But contrariewise we find that in many Countreys as Muscovie and the like the Laws or the Administration of them are so far from giving satisfaction as they fill the generall voice with complaint and exclamation Sir Thomas Moore said whether more pleasantly or truely I know not that a trick of Law had no lesse power then the wheele of fortune to lift men up or cast them downe Certainly with more patience men are wont to endure the losses that befell them by meere casualty then the damages which they susteine by means of injustice Because these are accompanied with sense of indignity whereof the other are free when Robbers break open a mans house and spoile it they tell the owner plainly that money they want and money they must have But when a Judge corrupted by reward hatred favour or any other passion takes both house and Land from the rightfull owner And bestowes them upon some friend of his owne or of his favorite He saies that the rules of Justice will have it so that it is the voice of the Law the Ordinance of God himselfe And what else doth he herein then by a kind of Circumlocution tell his humble suppliants that he holds themselves Idiots or base wretches not able to get releife must it not astonish and vex withall any man of a free spirit when he sees none other difference betweene the Judge and the Theefe then in the manner of performing their exploits as if the whole being of Justice consisted in point of formality In such case an honest Subject will either seeke remedy by ordinary courses or awaite his time untill God shall place better men in office and call the oppressors to account But a stranger wil not so he hath nothing to do with the affairs of Barbary neither concerns it him what officer be placed or displaced in Taradante or whether Mulisidian himself can contemne the Kingdome his Ship and goods are unjustly taken from him and therefore he will seeke leave to right himselfe if he can and returne the injury ten fold upon the whole Nation from which he received it Truth it is that men are sooner weary to dance attendance at the Gates of forreigne Lords then to tarry the good leisure of their own Magistrates Nor doe they beare so quietly the losse of some parcell confiscated abroad as the greater detriment which they suffer by some prowling Vice-Admirall Customer or publique minister at their returne Whether this proceed from the Reverence which men yeild unto their proper Governour I will not here define or whether excesse of trouble in following their causes far from home or whether from despaire of such redresse as may be expected in their owne Country in the hoped reformations of disorders or whether from their more unwillingnesse to disturbe the Domesticall then the forreigne quiet by loud exclamations or whether perhaps their not daring to mutter against the Injustice of their owne Rulers though it were shamefull for feare of faring worse and of being punished for Scandalum Magnatum As slanderers of men in authority wheresoever it comes As there can be but one Allegeance so men are apt to serve no more then they needs must According to that of the Slave in an old Comoedie Non sum servus publicus my Master bought me for himself and I am not every mans man And this opinion there is no Prince unwilling to mainetaine in his owne Subjects Yea such as are most Rigorous to their owne Doe never find it safe to be better unto strangers because it were a matter of dangerous Consequence that the People should thinke all other Nations to be in better case then themselves The breife is Oppression in many places weares the Robes of Justice which Domineering over the naturalls may not spare strangers And strangers will not endure it but cry out unto their owne Lords for releife by the Sword Wherefore the Motive of Revenging Injuries is very strong though it meerly consist in the will of man without any inforcement of nature Yet the more to quicken it there is usually concurrent therewith A hopefull expectation of gaine For of the amends recovered Little or nothing returns to those that had suffered the wrong but commonly all runs into the Princes Coffers Such examples as was that of our late Queen Elizabeth of most famous memory are very rare Her Majestie when the goods of our English Merchants were attached by the Duke of Alva in the Netherlands And by King Philip in Spaine arrested Likewise the goods of the Low dutch here in England that amounted unto a greater value Neither was she contented that her Subjects should right themselves aswell as they could upon the Spaniards by Sea But having brought King Philip within foure or five years to better reason though not so far as to Restitution She satisfied her owne Merchants to the full for all their losses out of the Dutchmens goods and gave back to the Duke what was remayning This among many thousand of her Royall Actions that made her glorious in all Nations though it caused even strangers in their speech and writing to extoll her Princely Justice to the skies yet served it not as a President for others of lesse vertue to follow It were more costly to take patterne from those Acts which gave Immortall renowne to that great Queen then to imitate the thirsty dealing of that Spanish Duke in the self same busines who kept all to his owne use or his Masters Restoring to the poore Dutch Merchants not one penny It falls out many times indeed that a Prince is driven to spend far more of his treasure in punishing by
could be admitted into his presence Neither yet could he otherwise get absolution then by submitting his estate unto the Popes good pleasure what was his fault He had refused to yeild up to the Pope the investiture of Bishops and Collation of Ecclesiasticall dignities within his dominions a right that had alwayes belonged to Princes untill that day It were superfluous to tell how grievously he was afflicted all his life after Notwithstanding this submission In breife the unappeasable rage of Hildebrand and his Successors never left persecuting him by raising one Rebellion after an other yea his owne Children against him till dispoyled of his Crowne he was faine to beg food of the Bishop of Spyers promising to earne it in a Church of his own building by doing there a Clarks duty for he could serve the Quire And not obteining this he pined away and dyed That Bishop of Spyers dealt herein perhaps rather fearfully then cruelly For he had to terrifie him the example of Vteilo Archhishop of Mentz chiefe Prelate among the Germans Who was condemned of heresie for having denyed that the Emperour might be deprived of his Crowne by the Popes authority If Princes therefore be carefull to exclude the doctrine of Hildebrand out of their dominions who can blame them of rigour This example of Henry though it would not be forgotten might have been omitted had it not been seconded with many of the same nature But this was neither one Popes fault nor one Princes destiny He must write a story of the Empire that means to tell of all their dealings in this kind As how they wrought upon Henry the fifth whom they had set up against his Father what horrible effusion of Blood they caused by their often thundering upon Fredericke And how they rested not untill they had made the Empire stand headlesse about seaventeene years These things moved Rodolph Earl of Habspurgh who was chosen Emperour after that long vacation to refuse the Ceremony of being Crowned at Rome though he were thereto urged by the Electors For said he our Caesars have gone to Rome As the foolish Beasts in AEsops Fables went to the Lyons Den leaving very goodly footsteps of their journey thitherward but not the like of their returne The same opinion have most of the succeeding Emperours held all of them or almost all neglecting that Coronation Good cause why Since the Popes besides many Extortions which they practised about that Ceremony Arrogated thence unto themselves that the Empire was held of them in Homage And dealt they not after the same fashion with other Kingdomes What right had St. Peter to the Crowne of Sicily and of Naples The Romane Princes wonne those Lands from the Saracens who had formerly taken them from the Empire of Constantinople The same Romanes had also been mighty defenders of the Papacy in many dangers yet when time served the Pope tooke upon him as Lord Paramount of those Countryes to drive out one King and set up another with a Bloody confusion of all Italie retaining the Soveraignty to himself In France he had the daring to pronounce himselfe superiour unto the King in all matters both Spirituall and Temporall The Crowne of Poland he forced to hold of his Miter by imposing a subjection in way of penance For that the Polish King had caused one St. Stanislaus to be slaine For the death of St. Thomas Beckett and more strangely for a Refusall of an Archbishop of Canterbury whom his Holinesse had appointed he imposed the like penance upon England Also when our King Edward the First made Warre upon the Scots word came from Rome that he should surcease for that the Kingdome of Scotland belonged unto the Popes Chappell A great oversight it was of St. Peter that he did not accurse Nero and all heathen Princes whereby the Popes Chappell might have gotten all that the Devill offered and our Saviour refused Yet what need was there of such a banne Since Fryar Vincent of Valnarda could tell Atatalipa King of Peru That all the Kingdomes of the Earth were the Popes who had bestowed more then halfe thereof upon the King of Spaine If the Pope will have it so it must be so otherwise I should have interpreted that place in Genesis Increase and multiply and fill the Earth As spoken to Noah and his Children not as directed only to Tubal Homer and Phatto the supposed Fathers of the old Iberians Gothes and Moores of whom the Spanish blood is compounded But of such impudent presumption in disposing of countryes farre remote And whereto the sword must acquire a better title the mischiefe is not presently discerned It were well if his Holinesse had not loved to set the world in an uproare by nourishing of War among those that respected him as a Common Father His dispensing with oaths taken for agreement between one King and another or between Kings and Subjects doe speake no better of him For by what right was it That Fardinand of Arragon won the Kingdome of Navar why did not the Confederacie that was between Lewis the Twelfth of France and the Venetians hinder that King from warring upon Venice why did not the like between England and France hinder our King Henry the eighth for warring upon the same King Lewis Was it not the Pope who did set on the French to the end that himself might get Ravenna from the Venetians Why was it not the same Pope who afterwards upon desire to drive the French out of Italie excommunicated Lewis and his adherents By vertue of which Excommunication Fardinand of Arragon seized upon Navarr And served not the same Warrant to set our Henry upon the back of France But this was not our Kings fault more then all the peoples We might with shame confesse it if other Countries had not been as blindly superstitious as our Fathers That a Barque of Apples blessed by the Pope and sent hither for presents unto those that would be forward in the War upon France made all our English hasty to take Armes in such sort as the Italians wondred and laughed to see our men no lesse greedy of those Apples then Eve was of the forbidden fruit for which they were to hazard their lives in an unjust War Few ages have wanted such and more grievous examples of the Popes tumultuous disposition but these were amongst the last that fell out before his unholinesse was detected Now for his dispensing betweene Kings and their Subjects we need not seeke instances far from home He absolved our King Iohn of an oath given to his Barons and people The Barons and people he afterwards discharged of their alleageance to King Iohn King Henry the third had appeased this Land how wisely I say not by taking such an oath as his Father had done swearing as he was a Knight A Christian and a King But in a Sermon at Paules People were taught how little was to be reposed on such assurance the Popes dispensation being there openly read