vntil it was violently drawn froÌ„ Sardanapalus to the Medes From them also Cyrus by subuersion of Astyages did transport it to the Persians and from them againe the Grecians did wrest it by conquest After the death of Alexander his captaines without any consent of the people made partition of the empire among them whose successors were afterwards subdued by the armies and armes of Rome And this empire beeing the greatest that euer the earth did beare was in the end also violentlie distracted by diuers seueral either conquests or reuolts Leo After writeth that it is not a hundred yeares since the people of Gaoga in Africk had neither king nor Lord vntill one hauing obserued the greatnesse and maiestie of the king of Tombute did enterprise to attaine soueraigntie aboue them which by violence he effected and left the same to his posteritie And because I will not bee tedious in running through particulars giue you an instance of anie one people which hath not diuers times receiued both Prince and gouernment by absolute constraint Et Phillidasolus habeto and I will yeeld to all that you affirme But failing herein you shall bee enforced to confesse that in manie yea in most if not in all countries the people haue receiued libertie either from the graunt or permission of the victorious Prince and not the prince authoritie from the vanquished people What helpes nowe doe you imagine that the people haue assigned to their Prince The first you affirme to be the direction of lawes But it is euident that in the first heroicall ages the people were not gouerned by anie positiue lawe but their kings did both iudge and commaund by their word by their will by their absolute power and as Pomponius saith Omnia manu a regâ—bus gubernabantur Kings gouerned all things without either restraint or direction but onely of the lawe of nature The first lawe was promulged by Moses but this was so long before the lawes of other nations that Iosephus writeth It was more ancient then their gods affirming also that the word Law is not found in Homer or in Orpheus or in anie Writer of like antiquitie Of this law of nature Homer maketh mention in these words 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 And they who keepe the lawes which God hath prescribed And againe 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 Vnciuill and vniust is he and wanting priuate state Who holdeth not all ciuill war in horror and in hate And of the iustice of kings he writeth in this maner 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 In which verses Chrysostome affirmeth by the iudgment of Alexander that Homer hath delineated the perfect image of a King but that hee maketh mention of anie positiue lawes I doe rather doubt then assuredlie denie For Kings in auncient times did giue iudgment in person not out of any formalitie in lawe but onlie according to naturall equitie Virgil saith Hoc Priami gestamen erat cumiura vocatis More daret populis This was the robe which Priamus did alwaies vse to weare When he the people to him called their causes for to heare Which he doth also affirme of Aeneas Dido and of Alcestes The like doth Herodotus report of Midas king of Phrygia who consecrated his tribunall to Apollo and the like also dooth Plutarch of diuers kings of Macedonia Philarchus affirmeth in Athenaeus that the kings of Persia had palme trees and vines of goulde vnder which they did sit to heare causes But because it grew both troublesome tedious for al the people to receiue their right from one man lawes were inuented as Cicero saith and officers also appointed to execute the same Another original of lawes was thus occasioned When anie people were subdued by armes lawes were laid like logs vpon their necks to keepe them in more sure subiection which both because it is not doubtful and to auoid prolixitie I will manifest onlie by our owne example When the Romans had reduced the best part of this Iland into the forme of a prouince as they permitted libertie of lawe to no other countrie vnder their obedience so here also they planted the practise of their lawes and for this purpose they sent ouer manie professors and among others Papinian the most famous both for knowledge and integritie of all the authors of the ciuill lawe Againe when the Saxons had forced this Realme and parted it into seauen kingdomes they erected so manie settes of law of which onelie two were of continuance the Mercian lawe and the West Saxon law After these the Danes became victorious and by these newe Lordes new lawes were also imposed which bare the name of Dane-lawe Out of these three lawes partlie moderated partlie supplied King Edward the confessor composed that bodie of lawe which afterwardes was called Saint Edwards lawes Lastly the Normans brought the land vnder their power by whom Saint Edwards lawes were abrogated and not onlie new lawes but newe language brought into vse in somuch as all pleas were formed in French and in the same tongue children were taught the principles of Grammar These causes wee find of the beginning of lawes but that they were assigned by the people for assistance and direction to their kinges you bring neither argument nor authoritie for proofe it is a part of the drosse of your owne deuise The second helpe which you affirme that common wealthes haue assigned to their kings is by parliaments and priuie councelles But Parliaments in al places haue bin erected by kings as the parliament of Paris and of Montpellier in Fraunce by Philip the Faire the parliament in England by Henrie the first who in the sixteenth yeare of his raigne called a councell of all the states of his realme at Salisburie which our Historiographers do take for the first Parliament in England affirming that the kings before that time did neuer call the common people to counsell After this the priuie councell at the instance of the Archbishop of Canterburie was also established and since that time the counsellors of state haue alwaies bin placed by election of the Prince And that it was so likewise in auncient times it appeareth by thaâ— which Homer writeth 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 First hee established a councell of honorable old men And likewise by Virgill gaudet regno Troianus Acestes Indicitque foru et patribus dat iura vocatis Acestes of the Troiane bloud in kingdome doth delight He sets a Court and councell cals giues ech man his right I will passe ouer your course foggio drowsie conceite that there are few or none simple monarchies in the world for it would tire any â—to toyle after your impertinent errours and wil now rip vp your packet of examples whereby you indeuour to shew that the power of kings hath bin brideled by their subiects But what do you infer hereby What can you inforce will you
parlament vvas king Richard deposed vvher did the states assemble vvhen did they send for the earle of Richmond to put him down by what decree by vvhat messengers Ther is no answer to be made but one and that is to confesse ingenuously that you say vntrue that it is your vsuall manner of deceiuing to impute the act of a few vnto all to make euerie euent of armes to be a iudicial proceeding of the common wealth For it is manifest that the earle of Richmond had his first streÌ„gth from the king of France that after his discent into England more by halfe both of the nobilitie common people did stand for king Richard then stirre against him You adioyne for a speciall consideration that most excellent princes succeeded these vvhom you affirme to be deposed I vvill nor extenuate the excellencie of any Prince but I hould it more vvorthie to be considered that these disorders spent England a sea of bloud In the ende you conclude that all these depriuations of Princes vvere lawfull Nay by your fauour if you sweat out your braines you shall neuer euince that a fact is lawfull beecause it is done Yes you say for othervvise two great inconueniences vvould follow one that the actes of those that vvere put in their place should be voide and vniust the other that none vvho now pretend to these Crownes could haue any tytle â—or that they descend from them vvho succeeded those that were depriued You deserue now to be basted with words vvell stiped in vineger and salt but I will be more charitable vnto you and leaue bad speaches to black mouthes For the first the possession of the crowne purgeth all defects and maketh good the actes of him that is in authoritie although he vvanteth both capacitie and right And this doth Vlpian expressely determine vpon respect as he saith to the common good For the other point the successors of an vsurper by course and compasse of time may prescribe a right if they vvho haue receiued wrong discontinue both pursuit and claime Pâ—normitane saith Successor in dignitate potest praescribere non abstante vitio sui praedecessor is A successor in dignitie may prescribe notwithstaÌ„ding the fault of his predecessor otherwise causes of vvar should be immortall and titles perpetually remaine vncertaine Now then for summarie collection of all that you haue saide your protestations are good your proofes light and loose your conclusions both dangerous false The first doth sauour of God the second of man the third of the diuell To the fourth Chapter which beareth tytle Wherein consisteth principally the lawfulnesse of proceeding against Princes which in the former Chapter is mencioned What interest Princes haue in their subiects goods or liues How oathes doe binde or may bee broken of subiects towards their Princes and finally the difference betweene a good king and a tyrant HEere you cloase with Billaye vpon two points first vvhether a king is subiect to any law Secondly whether all temporalities are in proprietie the Kings but because these questions doe little perteine to our principall controuersie I vvill not make any stay vpon them it suffiseth that vve may say vvith Seneca Omnia rex imperio possidet singuli domino The king hath empire euery man his particular proprietie in all things After this you proceede further to make good that the Princes before mencioned vvere lawfully deposed and that by all law both diuine and humane naturall nationall and positiue Your cause is so badd that you haue need to set a bould countenance vpon it But what deuine lawes doe you alleage You haue largely beefore declared you saye that GOD doth approoue the forme of gouernmeÌ„t vvhich euery common wealth doth choose as also the conditions and statutes which it doth appoint vnto her prince I must now take you for a naturall lyer when you wil not forbeare to bely your selfe you neuer proued any such matter the contrary is euident that sometimes entire gouernments often customes statutes of state very commonly accidentall actioÌ„s are so vnnaturall vniust that otherwise then for a punishment and curse wee cannot say that God doth approue theÌ„ We haue often heard that the Church cannot erre in matters of Faith but that in matter of gouerment a coÌ„mon wealth cannot erre it was neuer I assure my selfe published before But let vs suppose supposall is free that God alloweth that forme of gouernment which euery common wealth doth choose doth it therfore follow that by all deuine lawes princes may be deposed by their subiects these broken peeces will neuer bee squared to forme strong argument But wherefore doe not you produce the deuine canons of scripture surely they abhorre to speake one word in your behalfe yea they doe giue expresse sentence against you as I haue shewed before Well let this passe among your least escapes in making God either the author or aider of rebellioÌ„ you alledge no other humane law but that princes are subiect vnto law and order I vvill not denie but ther is a duty for princes to performe but how proue you that their subiects haue power to depose them if they faile In this manner As the common vvealth gaue them their authoritie for the common good so it may also take the same away if they abbuse it But I haue manifested before both that the people may so graunt away their authoritie that they cannot resumeâ—t also that few princes in yâ— world hold their state by graunt of the people I will neuer heereafter esteeme a mans valure by his voice Your braue boast of all lawes diuine humane naturall nationall and positiue is disolued into smoake you busie your selfe as the Poets wright of Morpheus in presenting shadowes to men a sleepe But the chiefest reason you say the very ground and foundation of all Soft what reason what ground if you haue alreadie made proofe by all lawes humane and deuine naturall nationall and positiue what better reason what surer ground will you bring Tush these interruptions The chiefest reason you say the very ground and foundation of all is that the common wealth is superiour to the prince and that the authoritie which the prince hath is not absolute but by the way of mandate and commission from the common wealth This is that which I expected all this time you haue hetherto approached by stealing steps you are now come cloase to the wall do but mount into credit and the fort is your owne You affirmed at the first that princes might be deposed for disabilitie then for misgouernmenâ— now vpon pleasure and at will For they who haue giuen authoritie by coÌ„mission doe alwaies retaine more then they graunt are not excluded either froÌ„ commanding or iudging by way of preuention concurrence or evocation euen in those cases which they haue giuen in charge The reason is declared by Vlpian because hee to whom iurisdiction is committed
to liue alone But how theÌ„ wil you say is nature immutable It is in abstracto but it is not in subiecto Or thus In it selfe it is not chaÌ„ged in vs by reasoÌ„ of our imperfectioÌ„s it is Or els more plainely it is not changed but it is traÌ„sgrested But nature you say is alike to al. Not so good sir because all are not apt alike to receiue her euen as the sun beames doe not reflect alike vpon a cleane and cleare glasse and vpon a glasse that is either filthy or course And in many not onely men but nations euill custome hath driuen nature out of place and setteth vp it selfe in steade of nature Your third conclusion that no particulare forme of gouernement is naturall doth not finde so easie acceptaunce Your onely proofe is that if it were otherwise there should be one forme of gouernement in all nations because god and nature is one to all But this reason I haue encountred before and yet you take paines to puffe it vp with many waste words howe the Romanes changed gouernment how in Italie there is a pope a king and many dukes how Millaine Burgundie Loraine Bavier Gascoint and Britaine the lesse were changed from kingdomes to dukedomes howe Germanie was once vnder one king and is now deuided among dukes earles and other supreme princes How Castile Aragone Portugall Barcelona and other countries in Spaine were first Earldomes then Dukedomes then seuerall Kingdomes and now are vnited into one how Bâ—eme and Polonia were once Dukedomes and now are Kingdomes how Fraunce was first one kingdome then deuided into fower and lastly reduced into one How England was first a Monarchie vnder the Britaines then a Prouince vnder the Romaines after that diuided into seauen Kingdomes and lastly reduced into one how the people of Israell were first vnder Patriarkes Abraham Isaac and Iacob then vnder Captains then vnder Iudges theÌ„ vnder high Priests then vnder Kings and then vnder Captaines and high Priests againe I will not followe you in euery by way whereinto your errours doe leade for who would haue aduentured to affirme that the childreÌ„ of Israell were vnder Abraham and Isaac and that the Britaine 's at the first were vnder one King whereas Caesar reporteth that hee found fower kings in that country which is now called Kent but I will onely insist vpon the principall point in regard whereof all this bundell of wordes is like a blowne bladder full of winde but of no weight For first you doe but trifle vpon tearmes in putting a difference betweene Kings Dukes and Earles which holde their state with soueraigne power Wee speake not of the names but of the gouernement of Princes Supreme rulers may differ in name they may change name also either by long vse or vpon occasion and yet in gouernment neither differ nor change Secondly it is a more vaine ieast to put a difference in this regarde beweene a great territorie and a small If a kingdome bee enlarged or streightâ—ed in limites the gouernement is not thereby changed if many kingdomes bee vnited into one if one bee diuided into many the nature of gouernment is no more altered then is the tenure of lande either when partition is made or when many partes accrewe into one The knot of doubt is whether it bee not naturall that one state bee it great or small should rather bee commaunded by one person howsoeuer intitled then by many And if wee descende into true discourse wee shall finde that the verie sinewes of gouernment doe consist in commaunding and in obeying But obedience can not bee performed where the commaundementes are eyther repugnant or vncertaine neither can these inconueniences bee any waies auoided but by vnion of the authoritie which doth commaunde This vnion is of two sortes first when one commaundeth secondly when many doe knit in one power and will The first vnion is naturall the seconde is by meane of amitie which is the onely bande of this collectiue bodie and the moe they are who ioyne in gouernment the lesse naturall is their vnion and the more subiect to dissipation For as Tacitus saith aequalitie and amitie are scarce compatible Naturall reason teacheth vs that all multitude beginneth from one and the auncient Philosophers haue helde that from vnitie all thinges doe proceede and are againe resolued into the same Of which opinion Laertius reporteth that Musaeus of Athens was authour who liued long before Homer but afterwardes it was renewed by Pythagoras as Plutarch Alexander and Laertius doe write who added thereunto that vnitie is the originall of good and dualitie of euill And of this opinion Saint Hierome was also whose sentence is repeated in the canonicall decrees but vnder the title and name of Saint Ambrose Hereupon Homer doth oftentimes call good 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 and applyeth the terme 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 to affliction and trouble Hereupon Galen also writeth that the best in euerye kinde is one Plato produceth all thinges from one measureth all thinges by one and reduceth all thinges into one The whole worlde is nothinge but a greate state a state is no other then a greate familie and a familie no other then a greate bodye As one GOD ruleth the worlde one maister the familie as all the members of one bodye receiue both sence and motion from one heade which is the seate and tower both of the vnderstanding and of the will so it seemeth no lesse naturall that one state should be gouerned by one commaunder The first of these arguments was vsed by Soliman Lord of the Turkes Who hauing strangled Sultane Mustapha his sonne because at his returne out of Persit he was receiued by the soldiers with great demonstrations of ioy hee caused the dead bodie to be cast forthe before the armie and appointed one to crye There is but one God in Heauen and one Sultane vpon earth The second was vsed by Agesilaus to one that moued the Spartans for a popular gouernment goe first saide hee and stablish a popular gouernment within your owne doores To the third Tacitus did allude when hee saide The body of one Empire seemeth best to be gouerned by the soule of one man In the heauens there is but one Sunne which Serinus also applyeth vnto gouernement in affirming that if wee set vp two sunnes we are like to set all in combustion Many sociable creatures haue for one company one principall either gouernour or guide which al authors take for a natural demonstration of the gouernment of one And if you require herein the testimonie of men you shall not finde almost any that writeth vpon this subiect but hee doth if not alleage yet allow that of Homer 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 one Lord one King Plutarch declareth both his owne iudgement concerning this point and also the consent of others in affirming that all men did acknowledge that the
true heire to the crowne Between these two as in all vsurpations it is vsuall vvar vvas raised but by the vnsearchable iudgement of God the duke of Lorraine vvas cast to the ground And there is little doubt but if he had preuailed Lorraine had bene at this day a member of the crowne of France The like answer may be giuen to your example of Suintilla this beside that the kingdom of the Gothes in Spaine vvas not then setled in succession chiefly during the reigne of Victeric Gundemir Sisebuth Suintilla Sicenand Cinthilla and Tulca The historie of Alphonso another of your examples standeth thus Alphonso had a sonne called Ferdinand who died during the life of his father left two yong sons behinde him After the death of Ferdinand his yonger brother Sancho practised with D. Lope Diaz de Haro Lord of Biscay to procure him to be aduanced to the successioÌ„ of the kingdom before his nephewes D. Lope vndertoke the deuise drawing some other of the nobilitie to the partie they so wrought with the king that in an assembly of the states at Segouia Sancho was declared successor the childreÌ„ of Ferdinand appointed to be kept in prison But Sancho either impatieÌ„t to linger in expectatioÌ„ or suspicious that his father grew inclinable towards his nephewes made league with Mahomed Mir king of Granado a Moore by whose ayde by the nobilitie of his faction he caused him selfe to be declared king Heerevpon Alphonso was enforced to craue assistance of Iacob Aben Ioseph king of Maroco who before had bene an enemie to AlphoÌ„so but vpon detestatioÌ„ of this vnnatural rebellioÌ„ he sent forces to him protesting notwithstaÌ„ding that so soone as the war should be ended he wold become his enemie againe So Alphonso by help partly of the Marocco Moores partly of his subiects which remained loyall maintained against his sonne both his title state during his lyfe but not without extremitie of bloudshed opportunitie for the Moores being assistaÌ„t to both parties to make themselues more strong within the countries of Spaine For this cause Alphonso disinherited his sonne by his testament and cast a cruell cursse vpon him his posteritie afterward it vvas ordeined in an assembly of the states holden at Tero that the childreÌ„ of the elder brother deceased should be preferred before their vnckle How then will you verifie your two points by this historie First that Alphonso vvas depriued by a publick act of parlament secondly that it turned to the great coÌ„moditie of the state It is not a millioÌ„ of Masses that are sufficieÌ„t to satisfie for all your deceitful malicious vntruthes I meruaile how the rebellion of Absolon against king Dauid his father escaped you Oh it wanted successe you could not so easily disguise the report You write that the common wealth of Spaine resoluing to depose D. Pedro the cruell sent for his brother Henry out of france required him to bring a strength of frenchmen with him but hereby you make it plain that the common wealth was not fully agreed The truth is that this was a dangerous deuisioÌ„ of the state between two concurrents some holding for Henry some for Pedro. Henry obtained forren asistance by the french Pedro by the english In the meane time whilst Peter was throwen out of state by the forces of france after that Henry by the armes of england againe Peter deiected both from dignitie and life by his brother Henry the poore country became a spectacle for one of your enterludes Your example of Don Sancho Capello king of Portugal containeth many intollerable vntruthes For neither was he depriued of his dignitie neither did the Pope counsell of Lions giue either authoritie or consent that he should be depriued neither was he driuen out of his realme into Castilla neither died he in banishmeÌ„t neither was Alphonso his brother king during his life These fiue vntruths you huddle into one heape The counsaile of Lions wholy opposed against the deposing of Don Sancho notwithstanding many disabilities were obiected against him in regard wherof they gaue directioÌ„ that Alphonso his brother should be regent of the realme as in that case it is both vsuall fit But Sancho taking this to dislike did seeke aide of the king of Castile in that pursuite ended his life without issue wherby the right of succession deuolued to Alphonso To your examples of greeke Emperours I will answer by your words which are that for the most part they came not orderly to the crowne but many times the meanes thereof were tribulent and seditious The deposing of Henry king of Polonia I acknowledge to be both true iust I haue nothing to except against it When the crowne of France did discend vnto him he forsooke Polonia refused to return again to that swaggering gouernment wherevpon they did depose him Giue vs the like case you shal be allowed the like proceeding but you esteeme your examples by tale not by touch being not much vnlike a certaine mad fellow in Athens who imagined euery ship which was brought into the hauen to be his for vvhatsoeuer you finde of a king deposed you lay claime vnto it as both lawfully done and pertayning to your purpose whereas one of these doth alwaies faile Concerning your two examples one of Sueden and the other of Denmarke I shall haue occasion to speake hereafâ—er The nobility of those countries preteÌ„d that their kings are not soueraigne but that the power in highest matters of state pertaineth vnto them If it bee thus the examples are not appliable to the question if it be otherwise then the princes had wrong Wee are come now to our domesticall examples the first whereof is that of king Iohn who was deposed by the Pope you say at the suite of his owne people All this people was the Archbishop of Cant. the bish of London and the bish of Ely at whose coÌ„plaint the Pope did write to Phillip king of France that hee should expell king Iohn out of his realme If not conscience if not ordinarie honestie pure shame should haue drawen you to another forme of writing Hee was also depriued you say afterwards by his Barons Heauy beast call you this a depriuation The commons were neuer called to consent the Clergie were so opposite to those that stoode in armes against king Iohn that they procured excommunication against them first generally then by name lastly Lewes the French kings sonne was also included of the Nobilitie which is onely the third state of the realme I make no doubt but some reserued themselues to bee guided by successe others and namely the Earles of Warren Arundell Chester Penbrooke Ferrers Salisburie and diuers Barons did openly adhere vnto king Iohn you may as well call any other rebellion a depriuation as affirme that the rest either did or might depriue him And whereas you bring in king Henry the third as a
and his house and not in obedience to Gods decree we cannot excuse them from offence for which it turned to their destructiō For hereupon first they were separated both from the place maner of the true worship of God thē there arose vnappeasable war betweene them the tribe of Iudah then insolencies following disorders they were neuer long time free from conspiracies diuisions and tumults by which meanes being drained both of wealth and inhabitants and reduced to a naked weaknesse they were lastly caried captiue into diuerse farre countries and strangers were sent to inhabite their cities I must here also obserue a few of your interpretations wherein your boldnesse is not limited with any bounds It is to be noted you say that before Rehoboam went to Shechem to be admitted by the people he was not accompted true King I desire therefore that you would satisfie vs in these places following Before Rehoboam went to Shechem the Scripture saith that Salomon died and was buried and Rehoboam his sonne raigned in his stead Againe after the defection of the ten tribes it is sayd that in the cities of Iudah Rehoboam did raigne still implying thereby that in the other cities he raigned before Againe they are sayd to haue rebelled against the house of Dauid And lastly Rehoboam raised all the strength of Iudah and Beniamin to bring the kingdome againe vnto him Further you write that ten tribes refused to admit Rehoboam but the Scripture saith that they rebelled What did God only allow hereof after it was done did he only permit the people to do it the Scripture testifieth that it was his decree that it was his deed and that he declared his will by Ahijah the Prophet during the life of Salomon and for his sins But these speciall warrants do not constitute a law they serue onely to make good the particular actions for which they are directed and not to iustifie another the like Lastly S. Paule saith that all things happened to the Iewes in figure vpon which place diuerse expositors haue noted that the state of the Iewes was a figure of the Church of Christ but that it was an example and patterne of all other states that should ensue it shall be ranged among your cast conceipts I refer me now to the iudgement of any man who taketh not pleasure to beguile himselfe whether you do not by art trumpery manifestly abuse vs partly by incapacitie partly by deceipt either corrupting or confounding whatsoeuer you take in hand Your humor both discontented and vnquiet hath armed your mind with bloudy desires which haue edged you on to put fewell to those slames which you shold endeuour to quench though it were with your bloud I will not stand vpon the particular examples of Spaine as well for that the matter is both tedious and to litle purpose as also for that we haue small conformitie with the customes of that nation Onely thus much in generall We acknowledge that in auncient times the kingdome of Spaine was electiue and therfore your examples drawne from thence are nothing pertinent The examples of later times are both few and vniust caried onely by faction and by force as Garabay testifieth of your example of Aurelio and as by the example of D. Sancho el Brauo I haue declared before But you accompt faction to be the Common-wealth and violence Iustice when it may make to the furtherance of your affaires The Historie of D. Berenguela I will briefly report rather for the respect which guided the Castilians then that I allow it for right which they did Henry had two sisters Donna Blanch the eldest maried to Lewes the eight King of Fraunce and Berenguela the yongest maried to Alphonso king of Leon. Henry dying without issue the Castilians feared if they should submit themselues vnto Blanch that their state being lesse then the state of Fraunce would be made a member thereof and gouerned as a Prouince and not as a kingdome And therefore they did rather chuse to professe allegeāce to the Lady Berenguela by which meanes the kingdome of Leon was afterwards annexed vnto Castile to the great encrease both of dignitie and assurance to them both I haue followed herein your owne Authors not being ignorant that others of better name do write that Berenguela was the eldest sister as I shall haue occasiō hereafter to declare but for the present let it be as you please and let vs weigh our owne wisdomes not only in straining but in forging titles to incurre those mischiefes which the Castilians reiected a lawfull title to auoid And this was also one of the motiues of the reuolt of Portugale which is your last example although it had also as Garabay writeth a concurrence of right For Ferdinand king of Portugale by his procurators the Bishop of Ebora and others did both contract and solemnize espousals with Elianor daughter of Peter king of Aragon But being entred into war with Henry king of Castile finding himself at some disaduātage he forsooke the king of Arragōs daughter cōtracted himself to Elianor daughter to the king of Castile vpō very beneficiall conditions for his state Afterward falling into fancy with one of his subiects named Elianor Telles de Meneses wife to a noble man called Lorenzo Vasques de Acun̄a he tooke her as his wife and enforced her husband to auoid the Realme had by her one only daughter named Beatrix who was ioyned in mariage to Iohn king of Castile After the death of the king of Portugale her father the king of Castile in the right of his wife laid claime to that realme was accordingly acknowledged by the chiefe of the nobility and Prelats and in particular by D. Iohn maister of Auis her fathers base brother who was then the most forward man in her fauour But afterwards falling into quarrell and hauing slaine the Count de Oren he stirred the people against the Queene cōpelled her to quit the city And after diuerse outrages and murthers committed vpon the Bishop of Lisbone an Abbesse and many others hee was first made gouernour of Portugall and then proceeding further in an assembly of his partie gathered at Coimbra he was made King Garrabay writeth that the chiefest obiection against Beatrix was because her mother was not King Ferdinands lawfull wife And I beleeue you also that they had a reflexe not to loose the dignitie of their kingdome as now they haue done and be made subiect to the cruell both auarice and ambition of a more potent state To the eighth Chapter which is entituled Of diuers other examples out of the states of France and England for proofe that the next in bloud are sometimes put backe from succession and how God hath approued the same with good successe YOur examples of France to which Nation wee are more neare both in scituation and lawes I will runne ouer with a swift course Of the
Emperour by which means they did afterward embrace the Christian faith The like doth Orosius report that Valentinian being discharged by Iulian from being Tribune because he was a Christian by consent of the Souldiers was created Augustus I rather take it to be a damnable sinne which Zonaras wrighteth of the Bulgarians in taking armes against their King because he was conuerted to Christian religion albeit they did according to their conscience It were a deflowring of time to diue into the depth of this question because it appeâ—teineth to electiue states and not vnto vs. But where you wright without eyther authoritie or proofe that to assist or not to resist the aduancement or gouernment of any king whom we iudge faultie in religion is a most damnable sinne of what side soeuer the truth be you breath out most filthy and vnsauorie smoake you lift vp your voice into high blasts of blasphemie against the most high God hath taught by the Apostle S. Paule that whosoeuer resist the higher powers which at that time were Infidels receiue vnto themselues damnation you teach that whosoeuer doth not in the like case resist doth damnably offend Were not the spirit of diuision otherwise called the deuill seated in your soule you would not thus openly oppose the setlings of your rotten braine against the expresse and direct sentence of God What is it a damnable sinne to doe euery man right is it damnable to giue Caesar that which is his due to giue tribute honor feare to whom they appertaine The Apostle saith that Christians by resisting the power of Infidell rulers do acquire vnto themselues damnation and shall wee yeelde credit vnto you that Turkes Moores Infidels should damnablye sinne eyther in admitting or enduring the authoritie of a Christian Prince How vilie doe you value the iudgements of men at how lowe rate doe you prize both your conscience and credit I could rise into riot of wordes vpon you were it not that I respect what is seemlye rather for mee to speake then for you to heare Certainely if we had receiued no such commaundement from God the regarde of the quiet of humane societies is sufficient to ouer-whelme your hereticall assertion for seeing there are many different professions of religion not onely in the world but almost in euery nation of the world seeing also as Philo saith euery man eyther by vse or instruction iudgeth his owne religion best what suretie could any Prince what safetie could any people enioy if your firie opinion should take place what assurance can there be of life or of state where the sworde beareth swaye vpon such occasions that guided by hands both tumultuous and fierce And seeing among many religions there can be but one truth if all men should be obstinatelie bent against the gouernment of any who in their iudgement is faultie in religion what likelyhood can we eyther conceiue or coniecture but that many errours would soone preuaile against the onely trueth And therefore it is farre more moderate and safe to vse the ordinarie meanes both of maintaining and propagating the trueth and to commit the successe thereof vnto God and as Iosephus aduiseth not to offer eyther contumelie or violence against any religion least we prouoake thereby the professors thereof to doe the like against our Your last reason is drawne from policie and consideration of state because a King will neyther trust nor fauour much lesse aduance him that is not of the same religion with himselfe but to the contrarie hee shall bee subiect to all molestations iniuries and other auersions which are incident to those who are not currant with the present course of affaires Oh sirre this is the Helene for which you contend you concurre in opinion with those Athenians of whome Alexander demanded deuine honours not so obstinately to defend heauen as to loose the benefit of the earth This is the marke whereat you aime this is the Compasse whereby you sayle as diuers flowers doe open and cloase according to the motion of the same so according to the variation hereof you extend or restraine your plyant conscience as you please But the Apostle teacheth vs to be obedient to higher powers for conscience sake and not for anye priuate respect Besides all Princes are not of that disposition whereof you speake Suida wrighteth of one who changing religion to please his King was therefore adiudged to loose his head one being appointed to crye at the time of his execution Hee that keepeth not faith with God what sound conscience can hee beare towards men The Protestants in France are not altogether cast eyther out of fauoure or out of charge and manie Romane Catholickes in England doe enioye their full part of all the plentie and pleasures that the realme can affoord Lastly what haue you to doe with reasons of state This is the Eagles feather which consumeth your deuotioÌ„ Your office is to meditate to pray to instruct meÌ„ in pure deuotion to settle their soules in piety in peace But do you containe yourselues within these limmits nothing lesse You take vpon you the pollicie of state yoù â—end deface the reputation of Kings you make your selues both iudges moderators of all their actions allowing them to flie no further then you giue them wings You dispose not onely their affaires but their crownes at your pleasure you hunt them not to couert but to death You contriue waâ—s to compasse your designes you traine vp your followers in the high mistery of treason you cast into euery realme the apple of striefe your doctrine is to no other vse but as drummes Fifes and trumpets to incense fury To these endes you wrest scriptures you corrupt histories you counterfeit reasoÌ„s you corrupt all truth pardon my plainenes I pray you I haue not atteined to your dexterity in disguising matters with smooth termes you are obstinate to hazard rather all dangers then to be cut of from one point of your purpose You acknowledge no religion but your will no law but your power all lies treacheries and fraudes do change their nature and become both lawfull and laudable actions when they beare for the aduantage of your affaires But this is directed to deuotion you will say and as you terme it ordine ad deum for a holy and religious end Away then with your deuotion and so we shall be rid of your dangerous deceit Away I say with your deuotion or else we will conclude of you as Liuie did of Anniball nihil veri nihil sancti nullus deûm metus nullum iusiuradum nulla religio 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 a In c. 1. tit de success feud b In quaestâ—an rex Franc ae râ—câ—gn sâ—at â—uperiorem c In â—â—emo D. dâ— lâ—g 1. d In â—â—uÌ„ praetor § non autem D. de Iudi. e A pud Aristor thetor 3. ca. 10. f Lib. 5. g In cerpsychore h In eius vita i Lib. 3. ca. 2. k