reuennues of the crown So to conclude the king giuing and appointing all iudges who in his realme is to iudg hym or to censure his counsells of state and politike temporall actions and yf be he iudg they ar vvithowt iudgment that attribute it to the states but they err most that arme the people vvithe that authoritie For tho I know what a parliement means and what power it vvoorthilie carrieth yet as it is euer summoned by the king so ther acts must be iudged allowed and confirmed by the king before they be lawes In the senate rests consilium but in the king is the powre and Maiestie of the realme and he is iudg to allow or disallow what he liketh and by the coniunction of these Foskevv sayd trewlie no state is berter tempered nor more temperatelie gouerned nor by more excellent municipall lawes then England is So to conclude what reason can be pretended for wyats insurrection against his soouerain the bodie politick was it for matching with Spayne that was no straâ—g motion for her father had once before deâ—seigned to match her in that familie besides the conditions vvear honorable and profitable to the crovvne yf God should bless them vvith issevv the person most noble and the reasons allowed by all the counsel But the Quene ded not obserue the lawes of the realme she abrogated the statuts of 1. E. 6. which all the kingdome approoued and the vvord of God by Moyses commandeth that Princes should obserue the lavves and those Princes dishonor them selfs vvho doe not acknowledg that of Theodosius tantùm tibi licet quantum per leges licet Well aliud ex alio malum As Moyses prescribed vvhat a Prince should doe so Samuel what he may doe Moyses tould hym his dewtie Samuel his power and it is trew and a Christian profession of kings legibus se subiectos esse profiteri But yow must consider the lavv haith two properties the one to show what a man should doe the other to punish them that doe it not To the first the king is subiect but tovching the second for criminal cavvses I know no court aboue the kings bench nor no iudg aboue the king Moreouer yf Quene Marie shold be tyed to her brothers lavves vvhy vvas not Quene Elizabeth to hers vvhy vvas not king Edvvard to his fathers lavves but that religion of Quene Marie was corrupt vnpure and superstitious So still hear is philautia and presumption yow will censure your iudg and yow a lay man wil iudg of his religion that is the Quaestion yet and not decided by anie orderlie Councels or Synodes on yovvr part and S. Austen libro vbi supra Si vir nistus sub rege sacrilego militet iuste posset illo iubente bellare 1. ciuicae pacis ordinem seruans 2. cui quod iubetur vel non esse contra Dei praeceptum certum est vel vtrum sit certum non est Tho the king be sacrilegious yet he is to be obeyed and hovv 1. ciuicae pacis ordmem seruans that is the course and that is the end for indiuidua bona sunt pax libertas vvhich is to be noted for them that plead so stronglie for ther liberties secundo yf the kings commandements be not directlie against Gods vvords yf vel non esse certum est vel vtrum sit certum non est Novv tho all Catholicks knevv the certum est in ther conscienc yet the protestants for the vtrum sit vvear vncertan bycause both the lavv of the realme the general counsels the vvhole state of the Churche Militant was against them and they had onelie the testimonie of priuate spirits to oppose against publick authoritie But vvhat yf Quene Marie had erred in some superstitions what yf the present king ded err in his gouernement in his courses in his iudgment or in matching his sonn withowt the consent of the realme should either of them be censured or excommunicated by the ministers or depriued or committed and emprisoned by a vvyat Salomon ded fall into greauous sinnes ad profundum Idololatriae lapsus atque demersus saith S. Austen and ded directlie against Goods commandement to keap and marrie straing voemen of the gentiles non ingrediemini ad illas besides he worshipped Moloch and Astarthes the goddes of the Sydomans yet neither Preasts nor people ded rise against hym or depose hym they left it to the proper iudg of hings who in his wrathe ded appoynt and raise vp Hieroboam to ruine his sonn and yf wyat could haue showd such an immediat warrant he had bean excusable Iulian prooued in Apostata yet tho the Doctors of the primatiue Church as G. Nazianzen and others sharply reprooued and detested his impietie yet they never perswaded nor taught the people to depriue hym He that proclaymed the prerogatiue of kings vos estis dâ— he taught the world that as Gods haue summum imperium so the people ar to obey and therfor called subditi for ther subiection and yow neuer hard of anie but Gyants that wear fayned to fight with the Gods and they perished for all ther greatnes for that hand must neads vvither vvhich toucheth Gods anoynted for he that taiks armes against hym doth prouoke the king to the feald and when the flame rageth who can tell whear the sparks will light Some limitations ther ar and those neadfull For I ascribe not an infinite vnlimited diuinitie to kings nor a powr to tyrannize and liue as atheists he that gaue the that glorie vos estis dij ded likewise geue them this caueat that for iniquitie and impietie transferam regna de gente in gentem He is the Iudg of Princes and his audit is dreadfull and to that we must leaue them FINIS THE SECOND PART HIERVSALEM THAT OBEDIENCE AND ORDER BE THE EIRENARCHAE OF CATHOLIQVES HAVING allreadie trewlie King Henrie tho eight and liuelie Drawen and presented vnto yow the Image of the Churches called Reformed vvith a face so full of frownes and stearnnes that by the Phisiognomie yow may iudg it vnquiet and turbulent It remaineth in like sort to paynt owt vnto yow the portraicture of a Roman Catholick by the infallible characters of deuotion order obedienc and the humilitie of the professors thereof What they weare in this land in the tyme of king Lucius and the Britons I shall not nead to expresle but refer yow to the ecclesiasticall stories of that tyme which euen Fox and the Centuries doe honor labouring rather to commend them as members of ther ovvn Churche then to acknowledg them ours For the tyme of the Saxons I vvill maik no relation of ther vertues and how amiablie the Church and common welthe ded sping vp together And though the prelates wear highlie reuereÌ„ced and ded beare great swaye in the state yet how dewtiefullie they obeyed ther princes Venerable Beda and the stories of that tyme. M. Lamberts Archaionomia the old Saxon Lawes and the monuments yet vpon record can witnes
performed yf the Admiral for his own particular had not layd a block in his vvays But aboue all others it is memorable and worthie to be remembred vvhat a bloodie quarrel it vvas mayd that king Edvvard the sixt the first protestant king in England might not marrie Quene marie of Scotland vvho was euer honored and esteamed a Catholik and yet the protector vvould haue mayd no scruple of Conscienc in that Caluinisme and Lutheranisme ar as opposite as Antipodes and yet they haue matched oft together and ther Issews ar the records thereof And was it then tollerable in the reformed churches and is it intollerable vvith Spayne what then is the cawse of this great scrupulositie and feare Is it for the state of the kingdome or feare of alterations The husband is head of the vvyfe and tho the Infanta vvear born in familia Imperatrice yet ther is no soverainetie invested in her she can maik no mutation of State without the censent of the state And yovv haue the les cavvse to distrust that hauing a president before of king Philip vvho being king of England yet neither could nor vvould attempt anie alteration And yf the protestants ar sure to hould ther religion it is inhumanitie to repyne that she shall be suffred to enioye hers No man of honor vvil offend a ladie of such honor for a quarrel to her sovvle to her faithe and her vvorship of god What then is the reason vvhy this match is so distaist full Is it for the hate and odiousnes of the name and qualities of a Spanyard surelie ab initio non fuit sic that is neither an anciēt quarrel nor a naturall impression in the English For in the tyme of king Edvvard the 3. Ther vvas a firm and fixed amitie betvvean England and Portingal and of Lancaster ther king ar discended And for Castil they matched Constance the Daughter and heyr of king Peter to Iohn of Gaunt by vvhose right the crovvn appertained to hym And his daughter Catharin married vvith Henry the third king of Castil and therby the vvhich remaineth in the Sauoye records resignation of that crovvn vvas mayd by Iohn of Gannt and so all the controuersie vvas ended betwean them and the kings of Spaȳne as floorishing brainches of the tree and stock of Lancaster haue peacablie possessed that kidgdome So as Prince Charles shal by this match vvarme his bedd with his own blood I may add further that king Henry the seuenth married his sonn̄ to king Ferdinando his daughter to continew the succession of amitie I might remember the treaties of 1505. betvvean k. Henry the 7. and king Philip for the preseruation and noorishment of that league and frend ship And hovv much and hovv tenderly Charles the 5. embraced and esteamed yt vvell appeareth by the Treatie arctioris amicitiae 1543. And by the renoumed treatie of Callice the greatest honor that was evver doon to the crovvn of England and by the treatie 1507. bevvean Maximilian the Emperor Charles king of Spayne and king Henry the 8. by the treaties for entercourse 1515. and 1520. by the treatie of Cambray 1529. and by that famous treatie 1542. Thus the tvvo kings and kingdomes still renewed and noorished mutuallie and vvarmelie a perfect frendship and kind correspondencie till the schisme of Henry the 8. the diuorce disgrace and dishonor of Quene Katharin and the cōfederation therupon with France cooled the zealle of this seruent affection So as ther vvas at that tyme no such cavvse of hatred disfauor or vnkindnes bevvean these tvvo kingdomes nor anie national dislike or contention vvhich first brake out end appeared in England in Quene Maries tyme principallie for the quarrel of a new religion then fiuee yarres old For ther vvas no pretenc but onelie that to maik the breach which Wyat desired Yet this is not the trevv and sole motiue of the grudg ther is and impostume vvhich can not be cured till it be lanched The hatred and remembranc of 1588. Manet alta mente repostum It is trew Hinc illae lachrimae But let vs be indifferent look vpon the wrongs doone to them aswel as ther attemps for reueng And vnpartially consider who gaue the cawse and forced them to taik armes The Moonie intercepted which the king had sent to the Duke of Alua the Assistanc of the princ of Oreng by Gilbert Morgan and others ther seconds the first voiage of Syr Frances Drake the inuasion and sacking of S. Domingo the protection of Holland by the Earl of Leicester the infinite depredations and letters of mart to the wnspeakable dammage of Speyne the Philippicae and inuectiues in euerie pulpit ballets and libels in euerie press against king Philip wear such prouocations as flesh and blood nay crovvnes and scepters could hardlie disgest I speak nothing of the Portingal vorage of the surprize of Cales nor of the Iland viage and can anie vvise man imagin that the king of Spayn vvas not sensible of such indignities vvas it not probable that he vvould send a futie to Kinsale to reuenge that Yet for all this hostilitie vvhen his maiestie cam to the crovvne how frendly and quicklie ded the king of Spayne alter his course and send the high Constable of Castil as the doue owt of the Ark to see yf the flood of mallice vvear fallen and vvith an Oliue brainch in his hand to seak for peace to maik an Amnestia and perpetual obliuion of all vnkyndnes past to couer all offences to burie all quarrels and to reconcile the two crovvnes and the subiects thereofs And surelie Cursed vvil he be vvho shal seak to violate that peace and vnder the coolor of religion to banish peace and Charitie the badges of religiō a malicions Cayn he is that maiks all contentions perpetuall and searsehe can he be holden loyal that remēbreth onelie the sudes and quarrels vvith Scotland and not what and how dear wnto vs it is now and so should be euer embraced and esteamed Furthermore the Crovvn of England shal hearby be thus more beautified and magnified But staye My pen shall intrude no further into the secret Cabbienet of counsel wthowrt warrant Bycause I kow not whether it be agreable to the kings pleasure or whether it be sit to be discoursed and speciallie bycause I hold it impossible forme to satisfie so profovvnd a Iudg vvithovvthis ovvn instructions and directions For I consider vvel hovv vnsearchable the secrets of princes art vvhich lie oft in abisso and ar too deape to be sovvnded by euerie shallow discourser And I remember also both what praying and preaching vvas vsed against the match of Quene Elizabeth vvith Monsieur in the like case and for feare of alteration and afterclaps and yet some vvho ded then most impugn it vnder pretenc of religion ded in dead least of all other counsellors regard religion Syr Philip Sydnie like a noble and vvourthie courtier laboured by a short treatise to present to her Maiesties iudgment the
vntfitnes disproportion and inconuenience of that match bothe to her self and the realme but he ded it priuatelie and with discreat circum spection Stubs like a professor of an vnseasoned zeal took the question in hand and as a punishment of his presumption for feited his hand for that being rather published to incense and corrupt the people then to aduise and inform the Quene And tho some of the greatest and vvisest consellors ded earnestlie sollicit and seake to further the match bycause it vvas like both to vnithe the kingdome of france to England and was sure that the possession of the Netherlands wold also be offred vnto theÌ„ by the prince of Oreng and the states whearby England was like to be a most potent Monarchie yet was the whole bodie of the kingdom cast into much distemper onelie which bare conceapts and iealosies Some vpon partialitie and faction some for distrust of the practises of France some for ther own or ther frends sinister ends and ambition as Iam perswaded euen in this case ther ar men posseded with the same diseases and humors And yf I ded not wel know the nature of the multitude a beast of manie heads and mad braynes I should wonder how they durst oppose the desseins of a king of that experienc and iudgment who haith managed this busienes with so great warienes caution and prudence that this great Coniunction can portend no other effect then honor confort and prosperitie He is the sittest to iudg of his own cawse and his own cavvse being the Commonwelths cawse yf anie priuate Man should arrogate to hym self either more vvisedome to controll his proceding or an opinion of more affection to the state or more prouidenc to foresee and preuent daingers therby I see not which waye he can avoyde not to fall into the custodia of the court of wards till he come to hym self again But to leaue this matter as a deliberatiue which requireth a Crassus or Antonius I will come to that which gaue the occasion of this treatise Ther met at a merchants howse in London The occasion of this â—â—ea I se wheare merchants for ther table and hospitalitie beare worthilie the bell aboue all merchants in Europe diuers persons of excellent qualitie met there in a garden before dinner T. Aldreds letter the pamphlet aforesayd and some strainge rumors and seditious practises from Amsterdam being perused examined and discussed A fyne Chaplain to a great person and one of the merchants acquanitance cam into the companie and hearing but a litl of this discourse which at that tyme vvas the subiect of all tabletalk with much The ministers or ation vehemencie he ded affirm this match to be like to bread great incombrance and mischeafe to the kindome bothe ni regard of the encrease 1. Of Catholiques in the Realme and in respect of Spayne which he ignorantlie called an ancient enemie 2. Whearupon he took occasion to rage and raile bitterlie against the church of Roome as the Seminarie of all commotions in Europe and the Contriuer and plotter of all treason in England 3. And bycause he vvould shovv his Rhetorick in the ruff and omit nothing which might exasperate the companie against the Catholicks he alledged in thunder and vehemencie the death of king Edvvard and that sillielie the manie conspiracies against Quene Elizabeth and speciallie that horrible proiect of the Gunpovvder treason by a fevv priuate hotespurres vvhich in iustice is rather to be buried vvith the offendors then obiected and imputed to innocent men vvho generallie vvith great sorrow abhorr the memorie of it 4. Besides he vrged that princes be bothe disquieted and endaingered by the excommunicats ans and bulls of popes by the Catechismes and doctrine of the Iesuits And that the subiects of England ar withdrawen by them from ther obedienc to ther prince and ar so full of treacheries and disloyalte as no nation can be paralleled with them 5. Yow may think also that he forget not to arm hym self vvith the authoritie of D. Murtons censure for vvhich I think he ded not studie much VVe may novv asvvel expect a vvhyte Aethiopian as a loyal subiect of that religion He produced a book entituled A discouerie of Romish doctrine in the case of conspiracie and Treason Whearin the Author playeth his maister prize against the professors of the Catholick religion vvith an Hyperbole of criminal accusations and scandalous imputations able to driue men into dispayre of the kings grace vnto them and to bread in his maiesties Royal hart a diffidenc of them 6. He vrged parson vvhytes vndiscreat vntruth and vncharitabl sentenc that all ther religion is full of doctrine whence procead monsters of Conspiracies against the state and that they teach men to murther the king and blovv vp the parliement And that since Bells tyme ther was never such a raue nous Idol as the preasts and seminaries 7. He ded not omit the like allegation owt of Ormerode the picturemaker who vpon erroneous misconceauing condemned that singuler and renoumed Doctor Allen for affirming that princes might be slayne by ther subiects by the 25. Numeri 8. And so he concluded all with that Rhetoritall sentenc of monsieur Lewes baylie in his book of the practise of Pietie pag. 783. vvhich he produced with such ostentation as if it wear able to cast all the learned societie of the fathers into a fitt of a quartane Iesuits and preasts saith he ar sent to vvithdravv subiects from ther allegiance to mooue inuasion and to kill kingâ— yf they be Saints vvho be Scithians VVho ar Canibals yf they be Catholicks Which conclusion for the art and the witt worthilie deserueth both a praemium and a Plaudue sâ—c pueri crepundia gestant After this delicate oration they went to dinner and presentlie after dinner the minister departed in great haist Therupon all the companie vehementlie desyred one gentlman of ther companie who ded well vnderstand the world and was a freeman not obliged to anie religious orders but as films Ecclesiae to deliuer his opinion of the ministers Inuectiue Which he was at last contented at ther importunitie and for the satisfaction of ther Conscienc to vndertaike and which with his license and information I taik vpon me as his Amanuâ—nâ—â—s and secretarie to set downe and deliuer the same to yow After a long pavvse quoth he lodius The trevv state of the Quâ—stion accusat Machos Catalma Cethegum Is not this ridiculus who can endure to heare a Grace hus complain against sedicion I perceaue by the premisses that the protestants set this down as a Decree against Catholiks and labor to imprint that in the harts of the people as a perpetual scandal and stayne That the Catholik religion and doctrine is daingerous and preiudicial to the safetie of kingdomes and an enemie to Sooueraintie and so they censure it as neither allovvable not tollerable in a vvel gouerned monarchie Now this being a matter of
first doe yovv talk of a vvhole state and maik the king no part of it the head no part of the bodie can ther be a monarchie vvithovvt a king yovv harp to near knoxes tune and a Scots gig The vvhol state id est the people either sollicited or disposed to aduanc Duke Charles vvithovvt the kings consent to vvear his crovvne ded elect Charles ther king and depriued Sigismond This was yow say for defenc of ther priuiledges and religion So then yow think for the se two cawses they might iustlie depose ther king and so the kings maistlie knovveth vvhat assurance he may haue of you and vvhat a sure stake yow ar for kings to leane on can yow defend this fact it is the same that Holland and Bohemia committed then against whome is rebellion against the people or the king The law is playne no warr can be mayd withowt the authoritie of the prince sine qua est laesa maiestas and that is a fundamental law in euerie monarchie which yovv turn to a Democratie by leauing the bridle in the Peopls hand Yf yovv will vouch safe to hear S. Augustin he saith l. 22. cap. 75. contra Faustum ordo naturalis mortalium paci accommodatus hoc poscit vt suscipiendi belli authoritas atque consilium penes Principem sit and he geues a reason for non est potestas nisi à Deo vel iubente vel sinente and bycause yow think they ought by force of armes to resist ther king for religion c. 76. he answereth your obiectioÌ„ by exaÌ„pl of the Apostles Isti sunt resistendo interfecti sunt vt potiorem esse docerent victoriam pro fide veritatis occidi Martyrdoome Iam sure yow like not this Occidi for few perfect Caluinists prooue perfect martyrs Valentius degreed to banish Eusebius from Samosata the people resisted but Eusebius appeaseth the sedition disswaded the people and obeyed the decree Theodoret l. 4. cap. 14. Valentinian sent Calligonus his chamberlain to threaten S. Ambrose and terrifie hym from his opinions by the name of deathe and torments he ded answer in an other tune Deus permittat tibi vt impleas quod minaris Ego patiar quod est Episcopi tu facies quod Spadonis Christ hym self resisted not but commanded Peter tu put vp his sword it vvas no proper vveapon to defend his quarrel Daniel and the Children of Israel Captiues in Babilon when the king commanded them to Idololatrize they resisted not they reuiled not they ded not offer to spit in his face as Caluin brauelie defended they might but refusing his command they layd them selfs at his feate to endure his pleasure But to touch yow a litl nearer I nead alledg no other authors then your ovvn either to condemn wyat or the subiects of Swetheland Doctor Bilson holdeth it as an articl of offaith that Princes ar not to be deposed and that the Apostles endured the magistrates pleasure but performed not his command and how much he condemned warr against Princes his opinion haith taught me that he who may fight may kill and to fight with the Princ and murder hym be of ineuitable consequenc Besides maister Beza some tymes when he was not transported vvith passion affirmed Nullum remedium proponitur hominibus tyranno subiectis preter preces lachrimas Parson whytes own argument against the fathers of the Catholick religion that they teach nothing but treason to murder Princes and to disturb states I must reflect vpon them that either defend wyats rebellion or the fact of the Svvecians What nead I alledg L. Baylie Ormerode or suke like men dij maiorum gentium all your greatest Doctors haue wiselie and neadfullie defended that position for 50. yeares And yf it wear trew iust and lawfull in the raign of Quen Elizabeth I see no reason why it should not be so taken in Quene Maries case for the differenc of Religion doth not alter the authoritie and power of Iudisdiction And yf Princes should for feit ther authoritie when they err in faith Then vvho should taik the forfeiture thereof and who should be iudg whether he haith forfeited yt I know yow ar not so gross as to think the people maye that is an opinion generallie reiected nor that officers share authoritie vvith the king that is also cast owt of the schools Xiphilin in the lyfe of M. Antonius saith Solus Deus iudex Principum Belloy in his Apologie Cathol part 2. Orationibus pugnandum armes against Princes haue no warrant Quis est iudex siâ—â— ex transgreditur conditiones regni Solus Deus § 21. and how farr we ought to obey princes and Quatenus see sainct Augustin serm de verbis Domini in Matth. And common reason will and may teach euerie man the misterie of this thesis For the king is anima corporis spiritus vitalis caput membrorum vinculum per quod cohaeret respublica sine quo nihil respublica ipsa futura nisi onus praeda si mens illa Imperij detrahatur This was Senecas opinion and a sownd proposition for yf the sowle offend the bodie the bodie can not punish it vvithovvt participating of the punishment neither is it a proper facultie of the bodie to iudg but of the sowle and vnderstanding Examin what the law meaneth by bodie politick and yow shall better discern all my growndwork It is a dignitie Royal annexed to the naturall bodie whearby he is mayd Lord Paramount and is not surnamed as others ar but stiled by the name of the bodie politick declaring his function as Iacobus Rex and to show the nature qualitie maiestie and prerogatiue of that bodie 1. It can not hold lands in ioyntennancie nor endure a partner 2. it can not be seazed to vses and so limited 3. it is not bovvnd to geue liuerie and season of lands nor tyed to the circumstances of a naturall bodie 4. it can not doe homage hauing no superior 5. and that bodie is so precious as the imagination onelie to compasse his death is treason tho ther be no attempt 6. and that bodie vested in a blood ought to discend and tho the natural bodie be attainted of fellonie or treason before yet by access of this body politick he may taik his inheritanc for that dignitie purgeth the blood as it ded H. 7. and H. 4. for this bodie was founded vvithovvt letters pattents by the Common lawes and for the defenc of the people And yf criminal cawses can not disable the discent it can less when it is discended for the crown of England is independant for his iura regalia holden of no Lord but the lord of heauen so it can not escheat to anie being holden of none What then from this fowntain is all authoritie and honor deriued Iudges at created and haue ther commission to iudg from the king for criminal and ciuil cawses the Constable and marshals court for armes and honor the Chancerie for equitie the Checkor for