therefore follow That there is no Superior out of France who either hath or could bestow his priviledge upon France And it appeareth by their own Histories That there hath been nothing done within the Realm whereby their Kings have been forbidden to dispose their Kingdoms by their last Wills and Testaments For Dagobert King of France in the presence of the principal Lords and Prelates of his Realm made his last Will and Testament and therein gave the Kingdom of Austrasia unto his Son Sigisbert and the Kingdom of France unto his Son Cloius Likewise Charlemain by Will and Testament divided his Kingdom betwixt his three Sons He gave unto Charles the best and greatest part of France and Germany unto Pipin Italy and Baivera and unto Lewis that part of France which confineth and bordereth upon Spain and Provence And caused this his Will to be ratified confirmed and approved by the Pope and intituled his Sons with the names of Kings It is also written by French Historiographers That Philip de Valois who contended with Edward the Third for the Crown of France ordained by his last Will and Testament that Iohn his eldest Son should succeed him in the Crown and that his second Son Philip should enjoy for his part and portion the Dukedom of Orleans and the Earldom of Valois Now these three Kings being of three Races of the French Kings Dagobert of the Merovingians Charlemain of the Charlemains and Philip de Valois although not directly yet collaterally of the Capets which are the three only Races that ever were in France and they having disposed of their Kingdoms in manner as is a foresaid it may well be presumed that others before them have or might have done the like especially since there is no Law to be shewed which forbiddeth Kings to bequeath their Kingdoms by Will and Testament The sixth and last Objection which is made against this Contract is That Charles the sixth could not lawfully dis-inherit his son who by the custome of France was lawful and apparent Heir and could not for any cause whatsoever be deprived by his Father or by any other of that right which belonged unto him by the ancient Priviledge of France In this Objection there are two things intended The one That the Kings of France cannot deprive their Sons or next Heirs for any occasion whatsoever of their Right Title and Interest to the Royal Crown and Dignity The other That the next of the blood Royal according to the Custom before mentioned must of necessity succeed and enjoy the Kingdom This Obâ—ection is in my simple opinion of greatest force because I read not in all the Histories of France that ever any King thereof but Charls the sixth did dis-inherit his Son True it is that Charles the seventh was thus dis-inherited being plagued by God for his disobedience towards his Father with a Son as undutiful and disobedient in all respects as himself was sent unto the Pope to advise him how he might dis-inherit his eldest Son who had divers times rebelled against him and bestow the Kingdom upon his second son in whom he never found any manner of disobedience but the difficulty is resolved by this reason following For if a Kingdom may be given by Will and Testament as is to be presumed that it may also be taken away from one and bestowed upon another when there is just cause given by him who layeth claim thereunto why he should be dis-inherited especially when as there is no such necessity of successive inheritance as hath hitherto been mentioned And in case it be doubtful whether a Kingdom may be taken from the right Heir and be bequeathed unto another the custom of the Country in private mens Inheritance is to be considered because most commonly such as the Law is in part such it is in the whole and for that generally the Nobility of every Realm who regard the conservation of their Honour and Dignity in their Families no less then Princes do the preservation of the Royal Authority in their Posterity do follow and imitate the manner Law and Order of their Kings touching the disposition of their Kingdoms And even as they usually dispose of their Principalities so do the other of their Baronies and inferior Estates by what Name or Title soever they be called If therefore it can be shewed that any of the chief Nobility of France have at any time dis-inherited their lawful Heirs it may justly be presumed that the Kings of France may do the like when the like occasion is offered unto them The Lords of Bearne have time out of mind been of such power and might in France that the Kings thereof have in all Ages made great account and reckoning of them And the present King of France is Lord thereof and by his Adversaries the Spaniards who will hardly vouchsafe him the name of a King of France or of Navar because they take him to be lawful King of neither of these Kingdoms is commonly called in their Writings Lord of Bearne The Earls also of Foix have beyond the memory of man been of such worth and estimation that it is written of them when they were also Lords of Bearne they cared neither for the King of Aragon nor for the Kings of Navarra for they were able upon any urgent occasion to keep more men at Arms at one time then both those Kings could make at two several Levies Both these Lordships or Seigneuries are now under the Kingdom of Navar and the principal members thereof and the Lords and lawful Owners of each of them dis-inherited their next and lawful Heirs only for ingratitude and unkindness towards them for the French Histories report that Gaston Lord of Beaâ—ne had but two Daughters the eldest of which he married unto the Earl of Armignack and the younger unto the Earl of Foix who was Nephew unto the King of Aragon It fortuned that the said Gaston had Wars with the King of Spain wherein he desired help of the Earl of Armignack who refused to succour him and the Earl of Foix holp him with such power and force that he enforced the King to very reasonable conditions of Peace in recompence of which service Gaston made the Earl of Foix his sole Heir and caused the Nobles and Gentlemen together with all other his Subjects to confirm and ratifie his Grant whereupon followed great strife and contention between the two Earls It is also written in the Chronicles of France that in the year 1391. The Earl of Foix because his Son by the consent and counsel of the King of Navar went about to have poisoned him gave his Earldom from him to the King of France who presently bestowed the same upon the Earl of Candalles Here you see two Heirs dis-inherited by their Father whose Act was generally reputed and held lawful Now you shall see the like cause in Charles the seventh and why should it
Buckler of the Commonwealth 5 Ferdinand King of Spain layeth claim unto the Kingdom of Naples p. 56 57 He excuseth the breach of the League between France and Spain p. 98 His ingratitude to Gonsalvo 238 Flanders distressed by plurality of Religions 6 Flemmings that they had just cause to rebel against Spain p. 16 17 The Flemmings and French more boldly then justly accused of rebellion 2 Earls of Foix heretofore of great power in France p. 37 The Earldom of Foix given to the Earl of Candale by the King of France 38 France divided into many opinions p. 6 France hath in former times rebelled against their Kings p. 19. The principal Kingdom of Europe for antiquity good Laws c. p. 19. Not subject to the Roman Empire p. 35 36. Hath been dispos'd of by Will and Testament as well as other Nations p. 35 36 Anciently divided into four Kingdoms p. 53 Cannot be lawfully Excommunicated by the Pope p. 248 249 France and England 195 Francis the first of France entreth into a League with the Turks 139 Francis Sforza is won by promises to take part with Philip Maria Duke of Milan 242 Frederick King of Naples entertained by Lewis the French king 95 Frederick Duke of Austria unlawfully chosen to the Empire 251 The Emperours Frederick the second and the third oppose the Pope and are excommunicated p. 174 Frederick the third freed from the Castle of Vienna by George king of Bohemia 252 The French king's prodigality in spending the Revenues of the Crown excus'd p. 168 His imputed wantonness proceeded from corrupt education 169 G GAleotto Malatesta made Lord of Armino Pescaro and Fano by Lewis the Emperour 53 The Gantois rebel against Lewis the last Earl of Flanders p. 229 They take Bruges and put the Earl to flight 230 Gargoris king of Crete his several cruelties to his Grandchild Atis 89 90 Gaston Lord of Bearn maketh the Earl of Foix his sole Heir 37 Gavel-kind a Law peâ—uliar but to some parts of Kent 29 Germany pestered with sundry religions 6 A German Writer's testimony alleg'd concerning the vices of Mary Queen of Scots 190 191 Geytel de Veronio hath la Marca given him by Lewis the Emperour 53 The Golden Bull forbiddeth the choosing of above four Emperours in one House 254 Gonsalvo beateth the French out of Naples 57 Government strangely interchanged amongst several Nations 9 The Government of the Low Countries taken upon him by the Duke of Alenson 106 Great to whom given as an attribute or Sir-name 8 Guicciardine as well a Lawyer as Historian 30 Guido Earl of Flanders denied his liberty by the King of France 123 Guido Polenti made Duke of Camerino by Lewis the Emperour 53 The Duke of Guise chief head of the Leaguers in France p. 20 His proceedings and policies p. 21 His subtle practices against the French King p. 157 He is murthered in the Kings presence 158 The Guisards of France condemned of ambition and treason p. 140 141 The probability of their ruine p. 144 145 Their rash proceedings after the Duke's death p. 146 147 Their accusations of the French King refuted 151 152 H HAnnibal the pattern of an expert General p. 5. His praise p. 69 His oversights ibid. He fights the Romans with a very inferiour number 78 Harold 's injuries to William Duke of Normandy the occasion of his invading England 220 221 The Emperour Henry the third restoreth Peter King of Hungary his enemy to his Kingdom 95 Henry the second King of England his humiliation to the Pope for the death of Thomas Becket 180 Henry the third King of England sollicited by the Pope to aid him against Conrade the King of Sicily p. 55. 56 His complaint against Pope Innocent to the General Councel at Lyons 180 181 Henry the fifth King of England his Title to the Crown of France p. 29 The Frenchmens objections answered p. 30 31 32 c. His success in France 10 Henry Base Brother to Peter King of Castile aided by the Kings of France and Portugal p. 15 He driveth his Brother from the Kingdom 60 61 Henry Earl of Richmond recovereth the Kingdom of England 221 222 Henry Dandolo the Venetian Ambassadour his eyes plucked out by William King of Sicily 209 Sr Henry Cobham 's opinion concerning Henry the third King of France 189 170 Hephestion the pattern of a faithful Counsellor 5 Herculâ—s the Chastiser of Tyrants and Defender of the weak and helpless 108 Hugh Capet by what means he attained the Crown of France p. 25. His practises imitated by the Duke of Guise 150 Hugh Pudley Bishop of Durham his great riches 185 The Hugonots subversion endeavoured by the Guisards 158 165 I AJacobin Fryar murthereth King Henry the third of France 159 Jamâ—s king of Aragon and Sicily leavâ—h his kingdoms to his second Son Alphonsus 39 James Prince of Scotland detained prisoner by Henry the first king of England 209 Jealousie the overthrow of divers great Princes 238 Imbert leaves the Dolphiny to Philip de Valois 50 The great Injuries done by the House of Austria to other Princes 254 255 Interviews between Princes many times dangerous 209 Joan Queen of Sicily adopteth Lewis of Anjou 54 John king of England first an enemy afterwards reconciled to the Pope p. 178. He enjoyeth all the Benefices Bishopricks and Abbeys of his Realm p. 187 He is questioned by the French king for the death of his Nephew Arthur p. 199 And forfeits his Estates in France for not appearance 199 John Balliol 's Title to Scotland preferred before Robert Bruce by Edw. the first king of England 196 The Italian Princes hardly able to help the Spaniard 138 Pope Julius cited by the Colledge of Cardinals to appear at the Councel of Pisa 206 Justifiers of bad causes for gain or bribery 189 Justinian the Emperour his ingratitude to Narses 238 K KEmitius king of Scotland by what means he prevailed with his Nobles to fight against the Picts 50 L LAdiflaus king of Hungary dissembleth his grief for the murthering of the Earl of Cilia 161 A League with Turks more allowable then with the Guisards of France p. 140 141 Leagues may be broken upon just cause given p. 98 And are usually broken upon advantages p. 98 99 101 The League between the Pope Spain and Venetian against the Turk 137 The Leaguers in France their proceedings and policy 19 Lewis the Meek his war against Bernard king of Italy unjust p. 28 His cruel usage of him 163 Lewis Do-nothing deposed by the Nobles of France 41 Lewis Oultremer condemned for his discurtesie to Richard Duke of Normandy 97 Lewis the Emperour his humanity to Frederick his Competitor 200 Lewis the eleventh king of France payeth a yearly revenue to the king of England and his Counsellors p. 43 he chose rather to satisfie the demands of his Nobles then to hazard a war with his subject 236 Lewis king of Bohemia brought up by the Marquess of Brandenburgh in all kind of delights 169
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
faithful friends and Counsellors went far beyond all the Princes that lived either before or after him neither by his vertue nor valour nor by his fortune and good hap nor by his friends and Counsellors could escape the fatal poison that ended his days before he attained unto those years which be the forerunners of Age So as in others so in this Point her Majesty far exceedeth Caesar Pompey and Alexander the three greatest Princes that ever lived For their death was so soon performed as purposed Her life hath been often sought but God be thanked therefore not shortned they escaped not the malicious Treasons of one or two she hath been preserved from the wicked treacheries of very many they could not prevent the Conspiracies of their friends she hath withstood the open and secret attempts of their enemies Briefly they dyed before they became old she hath attained unto sixty years of her Age and the rare fortune which she hath hitherto had to escape so many and marvelous dangers putteth me and all her loving Subjects in good hope that it will please the Almighty to add many more years of bliss and haappiness to her days neither do I think only that she shall live beyond the ordinary and usual years and age of other Princes but I am fully perswaded that her Grace is preserved and reserved to great fortune to some marvelous purpose her qualities exceeding other Princes conditions her fortune being more then ordinary and her dangers escaped not prudently but providently not by humane policy but by divine prevention give me good occasion to presume that he that disposeth of Kings and all Kings Actions lengthneth her days and hath dedicated her years to some notable accident For what he hath intended man cannot prevent what he purposeth humane wit cannot change or alter his resolutions are in Heaven ours on earth his eternal ours changeable his immutable ours subject to alteration We purpose he disposeth we intend he changeth we desire he ruleth yea so ruleth that he directeth our thoughts leadeth our counsels inclineth our dispositions to his will and pleasure he knows our necessities before we ask our infirmities when we conceal them our desires albeit we keep them most close and secret He giveth us what is expedient for us granteth us more then we dare desire provideth better for us then we can deserve and to be short is so resolute to do us good that all our wits capacities and policies are not able to prevent the meanest of his determinations so the same tend to our benefit For although his mercy exceeding our merits and his clemency yeilding to our contrition do sometimes divert the evil that we have deserved and mitigate the punishments which are due to our many offences yet if our humility be not dissembled or his pleasure fully bent to work us any good whatsoever so good is he that our good cannot be attended nor his intention changed An Example or two will prove this to be manifest and therefore I will afford you these Examples Astiages dreamed that his Daughter Mandana made so much water at one time as filled his whole City and was likely to drown his whole Country with which dream being greatly terrified he propoundeth the same to be expounded by his best Interpreters of Dreams They report that of the said Daughter should come such an Issue as should drive him from his Kingly Seat He taketh counsel what to do to prevent this intention of the Almighty It is resolved that the best means is to marry his Daughter to a mean man The counsel is followed and she married not to a Median worthy of such a Wife and Princess as she was but unto a mean Persian by name called Cambises born of indifferent good Parentage but not likely to carry such a mind as to deprive his Father in Law of his Kingdom The same year that his Daughter was married he dreamed again That out of her Privities sprang such a Vine as overspread all Asia This Dream he likewise communicated with the Soothsayers They delivered That out of the Womb of Mandana should proceed such a Child as should be Lord of all Asia and so desirous thereof that he should hardly and very unwillingly attend his Grand-Fathers death According to the Prophesie the Child is born his Nativity cast and the disposition of his body and other outward signs foretel that the Prognostication made before his birth was likely to prove true The Grand-father minding to prevent a future mischief giveth him unto one of his faithful Counsellors commanding him to put him to death The Counsellor moved with pitty commendeth the child to the custody of his Shepherd yet charging him to murther the Infant The Shepherds Wife having a child of her own dead the very self same day not finding in her heart to consent to the death of so pretty and Princely a Child beseeched her Husband to expose her own dead Child instead of Cyrus for so Astiages his Grand-father was called The Shepherd followed his Wives counsel and yeilded his consent that she should bring up Cyrus as her own He groweth to years and within a few years is chosen King by other children of all sorts poor and rich Noble and ignoble and being elected King commanded as a King and inflicteth punishments upon his far betters for disobeying his Authority They disdaining to be commanded much less to be punished as they were by their far inferiour complain to their Parents and they to Astiages of the injury offered by poor Cyrus The Shepherd is injoyned to bring forth Cyrus he maketh appearance at the day appointed carryeth himself not Shepherd like but Princelike before the King And being demanded by the King how he durst presume to command his betters to be chastised answered boldly and with a spirit far exceeding his years and not becoming his supposed Estate That since it had pleased the rest of the youth to chuse him for their King and to subject themselves in general unto him it was not lawful for any particular were he never so good to disobey him And in case any one did so far forget himself as to contemn his Authority that then it was as lawful for him as for King Astiages to punish his or their disobedience At which Answer the King being astonied looking upon the audacity of the Child considering his wisdom calling to mind the exposing of Cyrus and conferring his Daughters childs Age and his years together suspected him to be Cyrus Sent presently for Harpagus for so was the Counsellors name unto whom he had given him to be destroyed compelleth him to tell the truth The Shepherd is likewise sent for who declareth the means and manner how Cyrus was saved The King highly offended with Harpagus and fully resolved to depress Cyrus dissembleth his anger with the one and taketh present order for the base education of the other Cyrus is sent from Media into Persia and Astiages not
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
his own laws made the Earl of Pembroke whose name was Odomar Valentinian Governor of Scotland and to the end they should have no Memory no Monument nor Testimony of a Royal Majesty he transferred a Seate of Stone whereupon their Kings were wont to sit at their Coronation out of Scotland into England and the same remainth at thâ—s day at Westminster Now to leave these and the like Testimonies because they carry the lesse credit for that they are reported by our own Historiographers I will come to the violent presumptions which may be gathered out of their own Histories First it cannot be denyed that God hath blessed us with many famous and notable Victories against the Scots Then it must be granted that we had alwaies wit enough to make our best advantage of those victories Next it is not likely but that we took the benefit of such advantageâ— And who will think that when we were so often provoked so many times deceived so throughly informed of our Right that we would not claime our Right Againe at the very time of this notable competency betwixt Iohn Balioll and Robert Bruce it is written that Ericus King of Norway sent certain Ambassadors wiâ—h Letters of Commissiâ—n from him to demand the Kingdome of Scotland in the Right of his Daughter Margaret sometimes Wife unto the King of Scots in which Letter he acknowledgeth our King to be Lord and Soveraigne of Scotland And why should there be found Bulls of Excommunication against the Kings of Scotland for not obeying our Kings Or why should it be recorded that two Kâ—ngs of Scotland Carried at severall times the Sword before King Arthur and king Richard at their Coronations Or why is it not probable that Scotland should be as well Subject unto us as Bohemia and Hungaria were unto the Empire Naples and Sicilie unto Rome Burgondy and Navarr unto France the Duâ—edom of Moscovia aâ—d the Marquisate of Brandiburge unto Polâ—nâ—a Portugall unto Spaine and Austria unto Bohemia Or lâ—stly why may it not be thought that as these Kingdoms and Dominions remaine still in their old Subjection and acknowledg their Ancient Soveraigne so Scotland ought to do the like Our Fortune seldome failed us against them They never used us so kindly nor our kings at any time behaved themselves so unwisely that they Resigned their Right and Title unto Scotland as other Princes have done But now to the like advantage of this kind of inferiority as a Frenchman contracting or bargaining with one of our Nation in England maketh himself by this contract and Bargaine a Subject unto our Laws so any man whatsoever offending within our Realm subjecteth himself by reason of his offence unto our Jurisdiction And this is so true that a very mean man being a Judge if a great personage remaining under his Jurisdiction who by reason of his greatness may seem to be freed from his Authority shall commit an offence worthie of Punishment during his abode there the same mean and Inferior Judge may lawfully punish his Offence Example will make this matter more cleer For Example sake then grant that a Bishop abideth a while within an Archdeacons Jurisdiction and there offendeth in some Crime that deserveth Punishment the question may be whether the Archdacon may punish this delinquent For the Negative it may be said that Par in parem non habet protestatem much lesse an Inferior against his Superior and that an Archdeacon is Oculus Episcopi and Major post Episcopum and therefore can have no Authority over a Bishop yet it is resolved that if the Bishop be a stranger and not a Bishop of the Diocesse the Archdeacon hath sufficient Authority and the power to Chastise and Correct his offence but he cannot meddle with him if he be his own Bishop and the reason of the diversity is because his own Bâ—shop is as it were the Archdeacons spirituall Father and it is not Convenient that the Son should have any manner of Authority over the Father Now since it is certaine that where there is the like reason there the like Law shall be I may boldly infer by this Law that the Scottish Queâ—n offending within her Majesties Dominion may be punished by her Grace although she were her farr better I might here before I come unto her voluntary and forcible Resignation of the Crown tell you that she committed many things both before and after her Imprisonment that made a plaine forfeture of her Kingdome But although when I tâ—uched the duties of Vassals in some part I promised to touch the same in this plâ—ce more largely yet for brevitie sake I must omit this large discourse and only tell you that as the French King called our King Iohn in question for the murther commited by him at his Instigation on the person of his Nephew Arthur and forfeited his States in France for his not Apperance or insufficient Answer unto that Crime so if the Scottish Subjects had not deprived their Queen for the Parâ—icide laâ—d to her charge our Queens most excellent Majestie might not only have taken notice thereof but also have punished the same For albeit the Fact was committed without her Highness Realm and Dominion yet the person who was murthered being her Subject and Kinsman her grace might ex eo capite in my simple opinion lawfully have proceeded against the Malefactor And I remember that I saw a man executed at Venice because he killed his own Wife in Turky and the reason why they proceeded against him was the hainousness of the Fact and for that his Wife although she were not so was their naturall Subject And yet I confesse that our Common Laws regard not offences commited without our Realm wherein me thinketh they have small reason For sithence that for a Bargain made beyond the Seas I may have my reâ—edy here why shall not have the benefit of Law for my Child and Kinsman or any other that is near and dear unto me murthered beyond the Seas since the life of a Subject ought to be of far greater value and worth then his goods And if in a Civill action of which the Cause and originall is given beyond the Seas they can 〈◊〉 the Bond and Obligation to be made at Lyons within some Shire in England when indeed the same Lyons which they meane and where the Bond was made is in France why may they not lawfully use the like Fiction in a Criminal Cause But now the third point that Argueth the late Scottish Queens Inferiority unto our Queen She was deposed and therefore no longer a Queen This point hath in it two very strange points It is strange to hear that a Man or a woman being borne a Prince should be deprived and that he which receiveth a Kingdom by his birth should lose the same before his death But because this point hath great affinitie which the third objection that is made against the unfortunate Queens Execution I will forbear to speak thereof untill
living a long time as a banished man in Brittany with the Duke thereof could never be sent into his Country unto Edward the fourth or Richard the third although both of them knowing that that they could not Reign in security so long as he lived had requested him very earnestly of the Duke And the last of them ruled still in great fear but in Peace and Quietness untill that Isabella wife of Edward the fourth and Margaret the said Henries Mother by the help of a Physitian came to conferre together and in the end they concluded of this agreement that they would cause her Son the said Henry to return into England and to possess the Crown thereof with the help of his aid and their friends if he would take to wife the daughter of Edward the fourth Henry being certified hereof and also given to undeastand that Richard Thomas a man trained up in arms all the dayes of his life and Sir Iohn Savage would adventure their lives for him and that the Lord Bray had provided great sums of money to pay his Souldiers withal easily obtained of the king of France a small Army of 2000 men with which arriving in Wales and joyning with the Forces of the said Thomas he went towards London and upon his way daily received greater strength even of the Souldiers of king Richard his Enemy who by reason of the great cruelty and â—yranny which he used was forsaken of his own Friends and his Souldiers detesting his proud and cruel Government fought so in his behalf that they seemed more desirous he should lose then win the Field which fell out according to their desire By these Examples and others like unto these you may perceive that never any man had any good success against England who had not both a just cause to invade the same and a strong faction within the Realm And by that which hath been spoken you may understand that the Spaniard wanteth both the one and the other Here might I conveniently if I had not sufficiently declared the strength of England to make the difficulty and impossibility of the Spaniards purpose more apparent enter into a large discourse of the Forces thereof but let that suffice that hath been spoken And yet I may not forget to let you and as many as doubt of our strength understand that we have been and I know not why we should not still be so strong and fortunate that when the French were so many in the Field against us that they thought the very Boyes and Lacques in their Camp were able to subdue our Army and when the Scots thinking that because our king was in France with fourscore thousand English we had none but Priests and women left at home to encounter with them entred with main force into our Country and with assured hope and confidence to conquer the same we neither fearing the multitudes of the French nor being danted or terrified with the Scots suddain and advantagious Invasion subdued both Nations and took both their kings prisoners in the Field But our Englishmen cannot live with a little Bread and a Cup of Wine as the Spaniards can do they are not accustomed to endure cold to lie abroad in the Field to stand up to the knees in dirt and water to watch nights and dayes and briefly to take other such pains and travels as are incident unto wars To pleasure our Adversaries let us grant this to be so although the the contrary indeed is most true who amongst the bravest Spaniards or the greatest Souldiers in the World would willingly go to the wars if he should alwayes be subject unto these or the like incommodities And yet who would not rather endure and suffer them patiently then live in servitude or thâ—aldom or yeeld unto his mortal Enemies All Histories are full of examples of base and faint-hearted people the which having been compelled to fight for their lives because there was no other way to save or redeem the same have behaved themselves most manfully and have enforced their Enemies to yeeld unto reasonable Conditions of Peace which sometimes would not hearken unto any agreement and have constrained them to become humble Sutors who would not once vouchfaâ—e to hear their humble Petitions and truly extream perils and irresistible necessities have such force and vertue that oftentimes they put both heart and Courage into them which by nature are neither hearty nor couragious Considering therefore that our men shall fight at home and the Spaniard abroad that we will be as valiant to defend our selves as they can be couragious to offend us that when they have soiled us by Sea they must fight afresh with us by Land they being weary and we fresh they weak and we strong they lame and diseased and we whole and in perfect health Briefly they far from home and we at home for our wives for our houses for our children and for our goods Is it not likely that we should fight with greater courage with better success then they Considering again the England is fertile and replenished with all things necessary for mans sustentation That her Majesties Councellors are wise and provident her people rich and full of money her Subjects loving and well affected to her Highness and their Country Can there be any thing wanting that shall be needfull for the maintenance of a convenient Army Considering thirdly that if any want shall fall out their cause being general as the maintenance of the Spaniards Religion is universal and common to all his Confederates is it not to be thought that the Princes Protestants will supply those wants and fight for England as well and as willingly as the Papists will for Spain Considering fourthly that when Charles the fifth a Prince as I have said of greater power and of better experience then the Spanish king warred with the Protestants of Germany not onely the Princes of the Reformed Religion but also the French which hated their Religion aided and assisted them Can it be supposed that England should not finde the like aid and assistance Briefly Considering that the Spaniard cannot land his Army in any place in England where he shall not finde at the least ten thousand men to finde him work until a greater power come what hope can he then have to Land without Resistance to proceed without a Battel to fight without loss and to lose without extream confusion Our Armies therefore being equal to his and our hope more assured then his no wise or Politick man will doubt but that our success is likely to be far better then his and therefore his hope and expectation vain his purpose and intention ridiculous as well in regard of his course taken therein as of his possibility to attain thereunto But it behooveth a king to bridle and correct his Rebellious subjects and it is the part of a Protector of the Catholicks not to permit his own subjects or any other aiding or assisting them in
enough to rule his own Kingdom reâ—uâ—â—d their offer and they in disdam of him presently made choice of this Rodulph who had been the Master of his Palace and had learned divers Feats of Chivalry under him in regard of which experience the Electors as some men write yeelded him their consent But others report that after that for his ingratitude and evil demeanor he was put out of Othagarius his service he followed the Arch-bishop of Ments and attended so diligently upon him in the Journey which he made unto Rome that when he returned thence he made him Emperor although he was then of a very mean living as Albertus Argentinensis Iohannes Vitudaranus Rotridano Molespini Giovani Villani and Aeneas Sylvius who was afterwards Pope Pius the Second with many others do testifie And it is written that the same Arch bishop bragging many times with his friends in secret conference what a great deed he had done to make so mean a man Emperor would say unto them merrily that he carried an Emperor behinde him in his riding Hood when he travelled by the way You have heard how he came to the Empire now let me tell you how he demeaned himself therein The first thing he did wisely considering his own weakness he insinuated himself into the favour of the German Princes and whether it were to please them who were somewhat offended with Othagar King of Bohemia because they thought he disdained to be Emperor or to shew himself grateful where he had received great favour and courtesie he presently summoned his Master Othagar to come to do him homage for his Kingdom Othagar contemning both the Message and the Messenger and taking him for a proud servant who bâ—ing unworthily advanced would begin to shew his pride against his Master refused to appear at his summons Rodulph presently in regard of this contempt invaded the Dukedom of Austria and forfeited the same unto the Empire Othagar being highly offended with the confiscation denounceth Wars against the Emperor By the intercession of friends they met at a place appointed And there Rodolâ—ph dissembling cunningly his pride and insolency goeth first to salute Othagar calleth him his Lord and Master thanking him for vouchsafing to end their contention by a friendly composition rather then by bloody Wars maketh a marriage between his Daughter and Venceslaus the Son and Heir of Othagar and then with a fair shew of assured and faithful friendship prayeth him to vouchsafe if not openly because perhaps he would be ashamed to do it yet secretly and within his Royal Tent to do him Homage for his Kingdom and Principalities The King won with fair words yeeldeth to his demands offereth up unto him five several Banners whereof the Emperor restoreth unto him onâ—â—y two and detaineth the other three one for Austria another for Corinthia and the third for Syria and pacifieth the King who was greatly offended therewith by promising faithfully to restore them unto his Son Venceslaus as soon as the Marriage betwixt him and his Daughter shall be solemnized To this deceit and cunning he addeth a worse despight and contumely For having intreated to do him Homage secretly and within a Tent he caused a deceitful Tent to be made the which should fall open as soon as the cords thereof were unloosed In this Tent Othagar falleth down on his knees and suddenly whilst he is doing Homage the Tent falleth open the Germans laugh at his humility the Bohemians are grieved with his submission and he himself is highly displeased with the Emperors deceit And his grief is increased because his Wife scorned and mocked him at his return To be short he prepareth all the Forces that he could possibly make and reneweth War against the Emperor The Emperor that whilst he had been his servant remembred that Othagar had given great occasion of discontentment unto the great Captain of Moizona called Milota him he putteth in mind of an old injury and so prevailed what with bribes and what with perswasions that in the very conflict he forsaketh his Master and leaveth him to be murthered of two Brethren whose third Brother Othogar had caused to be executed for some offence worthy of death The king being thus slain he rewardeth both the Traitor and the murtherers and following his victory burneth a number of Monasteries and Religious houses that Othogar had builded A rare and strange Pesident For it is abominable in a servant to betray his Master more abominable to cause him to be murthered and of all abominable things the most abominable to reward the Traitors and recompence the murtherers But to burn Religious houses in despight of the Founder and to spoil Gods Temple in hatred of a man is an act the like whereof hath never been found but in such as neither care for God nor regard his service Neither did Rodolphs wickedness end in these hainous Actions but he wrongfully warred upon Bemera unjustly invaded Bohemia unlawfully seised upon Austria and most cruelly burnt above threescore very fair and beaut full Castles in Turingia Rodolph having reigned as Emperor nineteen years and in all this time never vouchsafed to set one foot towards Italy to be crowned there of the Pope which negligence in those dayes was held for a most hainous offence departed the World and leaveth his son Albert Duke of Austria who in disdain of the French king within 6 years after is made Emperor and imitateth his Father in his bloody cruelty For he beginneth his Empire with killing Adolph his Predecessor continueth the same with the wrongfull molestation and usurpation of Mayeme dishonoureth his Reign with a violent and forcible seisure into his hands and to his sons use of the kingdom of Bohemia and endeth the same not by a natural but by a violent and unnatural death For it pleased God that his own Nephew and other Earls of the House of Austria should by taking him revenge the wicked and detestable murther which he committed on the sacred person of Adolph the Emperor Frederick Duke of Austria was the third Emperor of this House if he may be called an Emperor who being unlawfully chosen wrongfully usurped the Empire For the Bishop of Trevers and Ments and the Marquess of Brandenburgh together with Iohn king of Bohemia chose Lewis of Bamera Emperor and Frederick had the voices and suffrages of the Bishop of Colen of the County Palatine and of the Duke of Saxony whose Elect on was of no force because when the six principal Electors cannot agree but three of them are for one and three of them are for another the king of Bohemia as Umpier determineth the matter and he casteth his voice upon the said Lewis and made him lawfull Emperor But Frederick according to the ambitious and violent nature of his proud Family pursued his pretensive right by bloody wars and drew the Pope the kings of France and of Hungary the County Palatine Stratsbourgh and other Imperial Cities to stand stout and obstinate in