servile State wherein the Nobility is either too timerous or so besotted with the love unto a bad King that they will not be moved upon the just complaints of the poor and distressed Commonalty to enforce him to call a Parliament and in this kind of violence I require discretion and judgement in the Confederates lest they mar a good Cause with evil handling thereof as did Iulius Caesar who when he had deserved a triumph took so violent a course in demanding the same that his sure was rejected to his endless dishonour and his Countries great detriment Let the Subjects be therefore humble Petitioners unto the Princes to reform such abuses as are notoriously known to be abuses Let them yeeld such measure unto their kings as they would desire for themselves let them when neither their humble suits may prevail nor their gentle connivence or toleration mitigate the wrath or moderate the affections of their Soveraigns humbly beseech the Peers of the Realm to be their Patrons and Protectors of their Innocency Then will he that ruleth Princes and hath their hearts in his hand that can prevent their imaginations and cross their intentions raise up some better disposed then others better minded then the common sort of men are better able then the Commonalty is to judge of wrongs to redress injuries and to repress evil-disposed Princes All Authority is divided into Ecclesiastical and Temporal of the one the Pope of the other the Emperor challengeth superiority and yet both these Heads notwithstanding their preheminence their power and prerogatives have been reduced to Reason when they have swerved from all Reason by those who by Reason were led to challenge Power and Authority over them For both the Colledge of Cardinals and the States of the Empire have claimed and according to their claims have used a certain Right both over the Pope and over the Emperor when the one or the other of them hath been found negligent in their duties and therefore have presumed that the power of the one and the other hath been devolved unto them Even when an inferiour Prelate is negligent the Bishop may assume into his hands all his Jurisdiction and Authority or when the Bishop is careless in performance of his duty either the Dean and Chapter or the Arch-bishop may lawfully rebuke his negligence and reform whatsoever he vouchsafed not to amend so although the Pope challengeth to be by many degrees higher then all the Princes of Christendom yet divers Cardinals in the time of Pope Iulius the second considering that the Church had need of Reformation as well in the Head as others Member thereof implored the aid of the Emperor and of the King of France and with assurance of their help and assistance caused certain peremptory citations to be set up in Modena Bolognia and other Cities of Italy by which they cited the said Pope to appear at a general Councel to be heâ—d at Pisa and to answer to such Articles as should be layed in against him touching his Simony negligence and other abuses not specified in the said Citations In regard of which faults and of his Negligence they affirmed that the Pope was not sufficient and fit to govern the Universal Church of Christendom and that the Power and Authority to call and summon a general Councel was lawfully devolved unto them So although our Kings as I have said are the greatest and most absolute Kings of the world next unto the Kings of France yet the Barons after the battel of Lewis in the time of Henry the third ordained that two Earls and a Bishop elected by the Commonalty should chose to them nine other persons whereof three should alwayes remain about the King and by the whole twelve both the Court and the Realm should be governed So in the fourth year of the Reign of Edward the second the Prelates Earls and Barons made Ordinances for the State and Government of the Realm which because the King would neither confirm not allow were confirmed by sentence of Excommunication against all them that should go to break the same So the Scotchmen in the time of Iohn their King being moved thereunto by his negligence chose twelve Peers and four Bishops four Earls and four Barons by whose advice and counsel the King should Govern the Realm So to be short although as Bodin reporteth when a certain Advocate pleading a cause in France said that the Kings of France had received their Power and Authority from the Common-people the Kings Atturney stepped up and requested the Court that those things might be razed out of his Plea shewing that the Kings thereof never received any Power or Authority from the common people and required that both that Advocate and all others might be commanded as he and they were never to use the like words in their pleas yet before and since that time divers Kings of France have been censured by the three Estates of their Realm as it may appear by the examples of those Kings which were as I have said deposed in France Thus it appeareth that if Princes offend they may be chastened according to the nature and quality of their offences and it cannot justly or truly be said that that is against a Law or without Law which is done by an high Court of Parliament from whence all or most Laws have their beginning their foundation their strength Neither can this manner of correction embolden Subjects to conspire against the life of their Soveraign For either the Majesty of their Prince or the remembrance of their duâ—y towards him or the fear of punishment or the danger that followeth Rebellions or the hope of Reformation by imploying the aid of the Peers and Nobility will alwayes restrain their insolency and keep them within the bounds and limits of true obedience But when Subjects are disposed to be rid of their Kings they may say the Favourers of the Scotish Queen implore the aid of Forreign Princes to suppress them Whereunto I answer that if their cause be just and good I grant it to be lawfull so to do But if it shall proceed of Malice and not of Justice of their desire and not of their Princes desert of a rash and foolish dislike and not of manifest Tyranny or evil Government there will be no Prince so ill advised as to hear them much less to succour them for he that should hearâ—en to such light complaints and in regard of them molest another King would undoubtedly by Gods good and just punishment in time be troubled with the like Subjects himself Now whereas it is said that a Prince coming upon what occasion soever into another Princes Country cannot be put to death without the breach of Humanity and Hospitality Hereunto I answer briefly that if such a Prince shall so much forget himself as although he be detained for never so unjust a cause to attempt and conspire by himself or others his death that detaineth him truly neither
end and compose all contentions and Controversies that were in Germany for Religion not by force and violence but by fair means and gentleness praying them to have such an opinion of him and not to be moved with the threats and menaces of their Adversaries This Answer was given unto them when the Emperor was leading his Forces unto Marcelles in France against the King thereof with whom as soon as he was reconciled the Catholicks thinking that he had but dissembled with the Protestants but for a time hoping that he would bend his whole Forces against the Lutherans But he deceived them all and went into Spain from whence he sent an Honourable Ambassage into Germany to let the Protestants and all others understand that he would be very glad that all Contentions Debates and Controversies touching Religion should receive a final end and agreement by a General Assembly and Disputation of learned Divines to the end that the right and true Doctrine of Jesus Christ being by that means laid open and discovered he might establish and confirm the same with his Imperial power and authority It happened not long after that the Emperor had an occasion to pass through France into Flanders then the Enemies of the Reformed Religion began to promise to themselves great wonders and to conceive an assâ—red hope of an invincible power to be levied by the Emperor and the King of France against the Protestants for that then the two cheif Protectors of their Catholick Faith were throughly reconciled and were equally bent against Luther and his Followers and their conceits proved to be most vain and of that Journey followed no good success for them For the Emperor either because he would be still mindful of his promise or for that he knew that the Protestants strength increased daily caused a General Diet to be Assembled wherein although he was daily entreated by the Catholicks to declare open Wars against the Protestants yet he would never take that violent course but ordered that shortly after there should be a general Assembly in which the cause of Religion might be freely and lovingly decided by learned Divines who having lightly discussed some Points of Controversie were commanded by his Majesty to come to Ratisâ—one Where when as all Contentions could not be fully ended his Majesty was contented to refer the final Conclusion unto another General Assembly of which the success and event was so well known that I shall not need to acquaint you with the particulars thereof Now considering the Reasons Varieties and Circumstances of all that hath been said what may a man judge thereof but that the Almighty prevented crossed and hindered the determinations purposes and Enterprises of the Emperor and so guided and directed them that it lay not in their power to confoâ—nd the Protestants by force of Arms For if we shall consider the great strength of the Catholick Princes as well in Foot as in Horse the number of their Souldiers the multitude of their Provisions the greatness of their Treasure the vehemency of their hatred the wilfulness of their perseverance therein their courage their animating and provoking the Emperor against the Protestants and how to win him thereunto they spared no kind of policy cunning and deceit that humane wit could invent and that notwithstanding all their utmost endeavors they were then so far from attaining their purpose that in the very last Diet that was held certain points of Doctine were yeelded unto which before that Assemby both the Emperor and his best Divines held to be most erroneous It must needs be confessed that it was Gods pleasure so to dispose and govern the hearts of those Princes for in that Diet many opinions were received and allowed for good and godly for the maintenance whereof many Protestants had lost their goods their Countries and their lives The Catholicks therefore seeing that they prevailed not greatly by force and violence they cast off the Lyons skin and put on the Foxes whom they counterfeited so well that they brought the Protestants into disgrace by sowing false Rumors and Accusations against them And because they had rather lost much then gotten any thing by disputing with them they caused it to be bruited abroad that the Protestants durst no longer dispute with them and they gave liberty unto all sorts of people without any regard of learning or modesty to raile upon Luther and to write malicious and false Invectives against him A strange course and too much used in these dayes but in my simple opinion a course not now like to have better success then that course then had For as Luther when he saw that it was law 〈◊〉 for every man to exercise the bitterness of his pen against him conceived such malice against the Pope that he discovered many of his follies which might have lien hidden unto this day Even so it is greatly to be feared if men having more Zeal then Learning of greater Malice then Judgement shall be suffered to preach and write against the foolish impugners of our Ecclesiastical Discipline that either their Malice or their Ignorance will utterly disgrace the same because preaching by preaching may unhapply be disgraced and a few turbulent and unquâ—et spitâ—ts may with a small Pamphlet or with a simple Sermon do more harm then a number of learned men shall be able to amend or reform with great pains and travel Had not the Pope given too great encouragement to such as wrote against Luther Had not rude and ignorant men been suffered bitterly to inveigh against his Doctrine Had not certain malicious persons laboured to disgrace him with the Pope and the Emperor Had he not been condemned before he was heard Briefly had not his Books been unjustly adjudged to the fire he had never appealed from the Pope unto a General Council he had never laboured so much as he did in searching out and laying open the Popes Errors He had never made so bitter Invectives as he wrote against the Pope and his Bishops He had never impugned the Pope and his General Councils Auâ—hority He had never implored the Duke of Saxony and other Princes help and countenance He had never procured the Popes Canons to be burned Briefly he had never written a Book against the Catholicks Reformation so many things might and should still have remained as it were buried in obscurity which are now brought to light and made known and palpable to very Babes and Infants They therefore in my simple cenceir did not a little hurt and prejudice unto the Papists and their Cause who peâ—swaded the Pope and Emperor to make wars against Luther and his Adherents For since that time many other Nations besides Germany are fallen from their obedience to the Pope and from their good liking of his Religion and so many and divers opinions are now crept into mens hearts that I take it a thing almost impossible to reconcile those diversities For such is the nature of man that
with all utmost extremities But if they do what remedy is there or who can gainsay the Conqueror Courtesie is commendable in all men and especially in Princes who are to extend the same at all times when it is demanded in good manner and by men worthy of mercy and compassion And such was the lamentable estate of Charles the Sixth who had at once many miseries heaped upon him by the heavy wrath of God as namely wars within his Realm rebellion of his own Son against him revolt of his Subjects and distraction of his wits and so it was extream cruelty to adde affliction to the afflicted Indeed mercy is to be extended to persons worthy of commiseration and Lunatiques are by all men to be pitied and in regard hereof the King of England whereas he might have destroyed the whole Realm of France burned the Cities wasted the Countries led away the people in captivity taken their goods to his own use bestowed the Nobilities and Gentlemens Lands upon his own Subjects altered the Lawes of the Countrey changed the Government thereof deprived the most part of them of their lives and seated his own Subjects in their possessions he suffered them to live at liberty to enjoy their ancient possessions to maintain and use their own priviledges to dwell in their wonted habitations and to continue in all respects as free as they were before they were conquered And whereas he might have made the King prisoner carryed him with him into England and to have placed another to govern for him especially he being not in case to rule and govern by himself He was so far from so doing that he suffered him to enjoy the Kingdom whilest he lived and by taking his Daughter to wife transferred not only the French but also the English Crown unto the issue of her body a thing to be greatly desired of that Father whose Son by reason of his disobedience deserved not to succeed him a thing practised by all men that have had the like children a thing far beyond the custom of Frenchmen themselves who in the like cases have not used the like clemency and moderation For over what Enemies had the French-men ever the upper hand whom they used not most cruelly What barbarous cruelty exercised they in Italy and especially at Naples where their Tyranny in Government their extremity in polling their insolency in mis-using the common people was such that in one night they were all slain and in hatred of them and their posterity the wombs of all Neapolitan women that were suspected to be with child by French-men were ripped up and the children pluckt out and likewise murdered with their Mothers What cruelty purposed they to have practised in England at what time Lewis the Dolphin of France was called into England by the Barons who bare Armes against King Iohn Intended they not to have destroyed the most part of the Realm Purposed they not to have killed the very Barons themselves who were their friends and confederates Had they not executed this their purpose if a noble French-man who was in England had not as well in hatred of their intended cruelty as in commiseration of the poor English Nobility revealed upon his death-bed their barbarous intentions To be brief what severity used King Lewis surnamed for his lenity towards others Lewis the M E E K against Bernard his own Nephew and rightful heir to the Crown of France as we have shewed in the second point which we handled whom he not only deprived of his right but also held him a long time in Prison and condemned him to lose his eyes which were accordingly pluckt out of his head and his cheif Counsellours endured the like punishment Of which both he and they complaining not without just occasion were so far from finding such compassion and remedy as they deserved as that a new Edictment was framed both against him and them Now with such Adversaries with men of such cruelty with such as had oftentimes falsified their faith and broken their promises what wise Prince would ever have used greater lenity more mercy or better Justice then the King of England shewed them Especially considering the immortal hatred deadly malice and long emulations competentions quarrels and contentions that have been alwayes betwixt England and France The fifth Objection that they make against this Contract is is That the Kingdom of France cannot be given unto any man by Will or Testament Which priviledge seemeth unto me very strange because I find by report of probable Histories that the Kingdomes of Spain England Aragon Scotland Poland and other Countries have been given away by Will and Testament and therefore if the French-men will challenge an Immunity contrary to the custom of other Countries and repugnant to the Law of all Nations they must shew how they came by such a Priviledge and why they should not follow the customes of other Kingdomes For whosoever will alledge an exemption from the due observance of the Law must make it appear at what time for what occasion and by whom he or his Predecessors obtained the same that the quality of the Giver and the consideration and cause of the Grant being duly examined and discreetly considered the strength and validity of his exemption may be well and perfectly seen I know that there are many degrees of Princes and that some Kings are in some manner subject unto others from whom they receive Lawes and by whom they and their Kingdomes are ruled and directed So hath Scotland been ruled by England so hath Denmark acknowledged the Empire so hath Sicily obeyed Rome so hath the Pope challenged power and authority over the Empire But all Histories agree in this that although of other Kingdomes some be subject to the Pope others unto the Emperour yet the Kingdom of France is and alwayes hath been most absolute neither depending upon the Emperour nor being in any respect subject unto the Pope That the Emperour hath no authority over France was shewed when as Sigismond the Emperour would have made the Earl of Savoy a Duke in Lyons for then the Kings Officers withstood him therein and forced him to his great grief and in a great fury and anger to depart thence and out of all the dominion of France before he could use in that point his Imperial power and authority And that the Pope hath no manner of Authority Prerogative or Preheminence over France it appeareth by the confession of all Canonists who have written and do write of the Popes Prerogatives For albeit they make the Empire and almost all the Kingdoms of the world in some sort subject unto the See of Rome yet they confess the King of France to be so absolute that he acknowledgeth no Superior but God and that there is no other Prince but he unto whom some Pope or other hath not either given or confirmed his Estate and Kingdom It must needs
she might happily be enabled to maintain either all or part of the Expences of those Wars with his Treasure And having learned of men of great experience what Forces would suffice to effect her desire and purpose thought it superfluous and needless to send thither greater strength then they not unadvisedly required And albeit neither her Majesty nor the Lords of her privy Council were ignorant that the Indians were far stronger then when they were first conquered And therefore that such a Navy as was first sent thither could not work the like effect there yet both her Grace and they thought it not meet to employ any more of her own or of her Merchants Ships in that service lest that the Spanish Fleet which was expected in England many years before it came coming upon her Realm in the absence of Sir Francis Drake and his Consorts should not have found the same sufficiently provided to make such resistance as was needful For as it sheweth courage in a Prince to give the first on-set upon his enemies within his own Dominions so it argueth want of discretion and wisdom to assault his adversaries with such force and power as if the enemy in absence thereof invade his Realm there should not be found at home an Army sufficient to withstand his Invasion Now as touching her Majesties Attempt made against Portugal and Spain The manner thereof is not unknown unto the world the cause is notorious and the success is not hidden nor secret For Mr Anthony Wingfields and Mr Dr Doylies Books the one in English the other in Latine set down the order motive and the event of that Attempt so truly so fully and so plainly as I shall not need to say any thing thereof especially having already touched his Right at large for whose cause and at whose instance the Voyage was undertaken But because the said Books make but a plain and true Narration of the Journey and of the cause and success thereof leaving the Justification of the same cause unhandled and you desire to see the same confirmed and strengthned by some examples declaring the equity thereof I will in this Point somwhat satisfie your desire and pleasure Presupposing therefore Don Antonion his Title to the Kingdom of Portugal to be just and right as his own Apology can and doth testifie I think it will not be denyed but that what help soever was or shall be hereafter yeilded unto him for the recovery thereof was and will be both warrantable by Law and justifiable by many and infinite Histories The Law be it of Nature or of Nations warranteth any man whatsoever Vim vi repellere to repel force by force which is not tyed to this bare sence and meaning only That it shall be lawful for him to defend himself only against him that assaulteth his person or endangereth his life but it reacheth further and giveth him leave to use any moderate violence yea sometimes to kill him if he cannot otherwise retain his own that goeth about by main force to put him out of possession of his lands and inheritance or to take away his goods from him The same proceedeth further with us in England and in France and provideth that if a man be assaulted and others stand by and help him not they are held for partakers of the violence that is offered unto him and if a man be robbed upon the high-way and Hue and Cry be not made presently after the Theeves the Town Village or Hamlet which presently pursueth not the Malefactor shall answer whatsoever is taken from the party that is robbed The reasons of this Law are many First it is expedient for the Common-wealth to conserve the lives and goods of the Subjects thereof then there should neither be Meum nor Tuum if this Law did not take place Next the first and especial cause of assembling Societies together and of making and fortifying Villages Towns and Cities was a desire and care which men had to live together in safety as well of their Goods as of their persons Lastly nature detesteth unlawful violence desireth the conservation of her Creatures tendreth their welfare and hateth the Procurers of her harm and detriment and therefore provided Princes that should minister Justice unto all men indifferently defend the innocent valiantly maintain their Subjects in peace continually and duly inflict condigne punishment upon the breakers and perturbers of peace and tranquility Now because Justice loseth her name and majesty unless a proportionable Equity be observed in the administration and exercise thereof as private mens security is regarded and tendred in Justice so the Law must likewise have the indempnity safety and commodity of Superiors Magistrates and Princes in recommendation otherwise they should be in far worse case then their own Subjects are For the wrongs that are done unto them are righted by their Magistrates and therefore it standeth with good reason that some provision be made and some care had for the reformation of such injuries as are offered to the Kings and Princes If a Subject be thrust out of possession of his proper Inheritance the Law provideth that he shall be presently restored thereunto And if a king be wrongfully driven out of his kingdom shall not he be allowed to seek a restitution thereof He shall but how Forsooth at his hands who hath deprived him but what if the Usurper will not yeild to his petition he is then to implore the help of other Princes and they on his behalf are to pray and admonish the Usurper to make restitution of all that he detaineth wrongfully whereunto iâ— he shall not hearken after due admonition given unto him they may junctis viribus invade his Realm and by main force inforce him to restore whatsoever he with-holdeth unjustly For this charge lay upon the Emperours as long as they were of sufficient force and authority to command and controll the Kings of this world But now that the Imperial Majesty is somewhat abated and Kings have freed and emancipated themselves from the Emperours power and jurisdiction it remaineth as part of the charge of Kings to see that no violence be offered unto their Colleagues and especially unto their Confederates Therefore it is usual amongst Princes to enter into Alliance together with express conditions to take the Enemies each one of the other for their own Enemies and not only to defend their own Estates against all men whatsoever but also to offend him whatsoever he be that shall attempt any thing to their prejudice and there is nothing more common then to see Princes oppressed to fly for aid unto the Oppressors Adversaries and to receive help and succour from them They therefore are highly commended which receive and harbour a distressed Prince and they contrarywise worthy of perpetual shame and infamy which either refuse to receive such an one or after his receipt offer him any manner of wrong or violence because as to adde affliction unto the
by the on-set which he gave upon France and by the great Power and Authority which he had even then in Italy that he went about to make himself Lord of the most part of the world And seeing that Francis the first King of France had lately won Milan from the said Emperour they entred into League with the French King against Charls the fifth as secretly as they might possible You have heard before how Leo the tenth taking the kindness shewed unto him by the Emperour at the Diet of Worms very kindly was moved thereby to leave the French party and to become one of the Emperours Faction Now you shall hear how Pope Paulus the third having the Cardinal Farnesius for his Embassadour with the said Emperour and finding that his Majesty had proclaimed a Diet to be held at Wormes touching the deciding of certain matters and controversies of Religion took it in so evil a part that the Emperour would intermeddle with the hearing of spiritual causes the cognizance whereof belonged unto the Pope that he commanded the said Cardinal to depart from the Emperors Court without taking leave of his Majesty and to leave the Cardinal Marcello Corvino in his place which was an indignity never offered unto any Prince unto whom either the Embassadour or his Majesty bear any love or affection This evil conceit of the said Paulus Tertius towards the same Emperour was encreased by three special Causes The first because the Emperour to strengthen himself against the above named French King had lately entred into League and Alliance with Henry the eighth King of England who was then fallen from that obedience which the See of Rome looked for at his hands The second because Caesar had so quickly forgotten the wrong done unto his Aunt lately divorced from the same King The third because the Emperor would neither sell unto him the Dukedom of Milan nor make his Son Pier Lewis Duke of Parma and Placentia I might proceed in the recital of many other Examples like unto these but from these you may sufficiently gather that the wisest both Popes Emperors and Kings that ever lived of late years have made it a matter of small or no conscience to break their Leagues for very small occasions especially if they found that any King or Emperour by reason of their League presuming to finde no resistance able to withstand his intent and purpose went about to incroach upon other Princes and to make himself Lord of the world You may also perceive by the mutability and inconstancy of the Princes of Italy and of their falling from France to Spain and again from Spain to France how greatly they fear the greatness of the one or the other in Italy how ready they have been to supplant him that waxeth great amongst them and how careless negligent and secure they are now since they notwithstanding not as their predecessors always did before them the aspiring Ambition of the Spaniard Moreover these Examples may teach you what opinion was conceived of Charls the fifth what jealousie and suspition other Princes had of him and what an high and aspiring mind he carryed The which having left as an Inheritance to his Son with a number of precepts forged in so dangerous and ambitious a conceipt no marvel though he do somewhat imitate his Father But great marvel it is why the Princes of our Age do not foresee and fear in him the same minde the same desire the same ambition and the same purposes which were in his Father But the more careless other Princes are herein the more commendations our Gracious Soveraign deserveth who for better then these thirty five years hath as I have said often and cannot say too often mightily crossed his endeavours without the help of any other that ever would vouchsafe to joyn with her Majestie in so honorable an Action Neither may it be imputed to her Highness as a fault that she hath forgotten the ancient league which was betwixt the house of Burgundie and her Predecessors but rather as he amongst private men is highly commended who forsaketh his dearest friends in their unjust causes and when they go about to oppress and overthrow their Neighbours so her gracious Majestie is worthy of everlasting praise and fame because it hath pleased her Highness to prefer the justice and equitie of good causes before the iniquity of any League or confederacie Besides since that the League that was betwixt England and Burgundy was as it may be gathered by the Chronicles of both Nations rather with the people subject unto the Princes of Burgundy then with the Princes themselves her Majestie continuing in Amitie with the States and People of the United Provinces and being ready to do the like if the like occasion were offered with the other of the seventeen Provinces doth not any thing in the prejudice of the Antiquitie of that League but as her Predecessors have done before her as namely Edward the third and Richard the second her Majestie hath thought it meet and convenient to stand with the poor and afflicted people against the unkind and unnaturall crueltie and oppression of their Soveraign The which action being most commendable and such as might be approved by infinite Examples they do her Highness great wrong who not considering the indignities wrongs and injuries done unto her by the late house of Spaine and not remembring the first occasion of displeasure between the Crowns of England and Spain to have risen from Spain blame her Majesty as the first breaker of that ancient League These men besides many other things which are already refuted or remain to be fully answered hereafter in their several and fit places more maliciously then wisely object unto her Majesty that about the year 1569. her Ships intercepted 59 chests full of Ryals of Spain amounting unto the sum and value of eight hundred thousand Ducats which were sent unto the Duke of Alva out of Spain to pay his souldiers withal the which wrong gave as they affirm the first or greatest occasion of breach of amity and friendship betwixt Spain and England For by the intercepting of this money the Souldiers were disappointed of their pay and the Kings credit and authority was greatly impaired and weakened in the Low Countries But those men neither consider that Spain had long before this time offered great wrong unto England nor remember that when the Spaniard complained unto her Majesty hereof that it was wisely and sufficiently answered That her Majesty understanding that the said money was sent to pay certain debts of the Spanish Kings which he owed unto divers Merchants of Genova who being well able to spare the same and her Highness having urgent occasion to use so much thought she might be so bold as the Spaniard had been to borrow the said money for a small time paying them as he did some yearly consideration for it Which Answer might well have contented the King of Spain
Servant and to spoil the Master not to hurt the Subject and to murder the Prince to dismiss the Messenger and to detain the Sender briefly to honor him who representeth another mans person and to disgrace the party whose person is represented These are the most substantial Reasons that are made against this Sentence And to every one of these I will frame a brief Answer Par in parem non habet potestatem And therefore Princes who are most commonly equals cannot exercise any power or authority one against anoâ—her True it is that this is an ancient principle or maxime in Law but as other Rules or Maximes have their exceptions so this position is not without a limitation without an exception or interpretation Two Magistrates I grant being made and constituâ—ed by their Superior with equal power and authority have no power or jurisdiction one over another but they are created as it were with this condition that they shall use the authority which is given them by their Princes against their Inferiors and to those that are subject to their several jurisdictions But sithence this Law was made in their behalf onely who do acknowledge a Superior and that in such a time and in such a State in which there were many Magistrates but one King many Judges but one Emperor many that were equaâ—s among themselves but one that excelled them all in power and and authority I take it that the same concerneth absolute Princes no more then a privilege granted to Ticius alone belongeth unto Marius For sithence that the charge and alteration of time hath brought forth so many Kings instead of one Emperor that almost every Country hath now his several King Since the consent and general agreement of people hath given full power and authority unto their Kings to make what Laws they pleased since need and necessity requireth that new Laws be made and published almost every day and that they being once made shall not be of force out of those Realms within which they are established it cannot be but both absurd and ridiculous to beleeve and affirm that a Law made many hundâ—ed years ago by a Roman Emperor and that in Italy shall in these days bind those Princes over whom the Emperor hath no manner of power and that when aâ—tient Emperors had it long sithence abrogated and abolished For as many Shires and Provinces of England France and other Countries which had their several Kings are now reduced under the obedience of one King so contrariwise the Emperor which was wont to command many Nations is now brought to such alow ebb to so smal and slender an Estate that he can hardly challenge the absolute Rule and Government over the twentieth part of one Nation Since therefore Laws made by our Ancestors are so derived to our after-commers that it may be well said that they aâ—e as well Successors unto them in their Laws as they are their Heirs in their goods it is certain that many Laws remain still which were made many years ago but no Prince will admit or allow them any longer then they shall be found to be profitable and expedient for the Commonwealth or then they shall not diminish their royal Authority hence it cometh that some men hold opinion â—hat a King cannot make a Law which shall prejudice his Successors hence it cometh that former Laws may Lawfully be abrogated and others although they be quite contrary made in their stead so that they be found profitable for the Sâ—ate Hence lastly it cometh that the latter Statute repealeth the former and that which came last to light obtained most force Neither although there be but very few or no Princes especially in Christendome which even in these days of Weakness and infirmity of the Empire do not greatly respect and reverence the Emperor And albeit there be very few Lawyers which do not both read and admire the large volumes of the Civil Laws Compiled or rather digested into order by Iustinian the Emperor yet is there any King that useth the same Laws as Iustinian his Laws Or any Civilian that joyneth not the knowledge of the Statutes and Constitutions of his Country with the Studie of the Imperial decrees and Ordinance In England the Civil Law hath small force and lesse use In France it is in great Credit but there is a Capital punishment laid upon them who in pleading a Cause presume to alledge a Civill Text as a Law made by the Emperor but they alledged them as Laws approved by the French King For when as the King of France perceived that his Majesty should be greatly blemished and prejudiced if he should Govern his kingdom by Forreigne Laws and yet he saw that it was impossible to have or invent better Laws then the Civil Laws are he entertained the best of them being very loth that so good Laws should utterly perish and be forgotten But he commanded them to be Called his and his Successors Lawes least that it might turn to his discredit to Governe by other Princes Laws What accompt other Nations make of the Civil Laws it is easie to Conjecture by this That in Germany it self in which only Country the Emperor hath Imperial authority there are many Provinces which have banished the Civil Law Considering therefore that Laws made in Spaine binde not us in England and that the Frenchmen are not tyed to ours who shall be esteemed wise that will affirm that these Kings are Subject unto Iustinians Laws which are nothing inferior unto Iustinian his Successor in power and Authority But grant that the Emperors Laws have now as great Force and Strength as ever they had and that this Maxime Principle or Rule in Law Par in parem non habet potestatem doe bind all the Kings of the World yet it shall appear that it cannot any thing at all availe the late Scottish Queen For First as it oftentimes happeneth that men of great Authority lose the same by their own default or Negligence So princes going our of their own Countries into other kingdoms and Dominions make themselves inferior unto them in whose kingdom they remaine This is proved by Common experience For what Householder be he never so poor will suffer a rich man to rule or be his better in his own House What Master of a Ship will permit a Passenger bâ— he of never so great Wealth to Guide or Governe his ship Or what Captain can or will endure that a young Nobleman be he of never so great birth and Parentage shall lead and direct his Soldiers The sweetness which is in Commanders admitteth no Companion The Pope the Emperor or if there were any greater then they hath no share no part or Portion therein but all were it never so much belongeth wholy unto him that ruleth And there is such a feeling such pleasure in this sweetness that to extenuate the same by words is dangerous to diminish it by deeds perilous and to make others
Creator in heaven in violating the latter they remember not their maker on earth for the people and Peers of the Realm are their makers next unto God Contracts ergo of subjects having their ground their foundation and their strength not from Princes Laws but from the Laws of Nature binde King and Emperour Prince and Prelate Lords Spiritual and Temporal be it that they are made between a Prince and a private man or the Prince and a City or the Prince and any other The reasons why they are of such force are these First It is not lawful to falsifie a mans faith Then The Laws of Nature binde men and perswade them to keep their contracts and to hold their promise even unto their enemies Next The Laws of honesty charge their Princes to perform their contracts there is nothing becometh them better nothing that commendeth them more nothing that men require so much at their hands Lastly Princes Contracts are as good as Laws and have the same force as Laws in the same strength and vertue against their Successors which they have against themselves nay they are of greater strength then Princes Laws for Laws may be repealed but contracts cannot be revoked The reason of the diversity Laws may alter according unto the times and the occasions unto which Laws must be accomodated by which Laws are occasioned from which Laws received their beginning but contracts are irrevocable they admit no change no alteration and if they be once perfected they can neither receive addition or substraction diminution nor enlargement they may not be wrested but taken according to the true and plain meaning of the contrahents But why they may they not be changed Why may not a Prince alter them The reasons are these Before they are made they are of Free will and when they are once perfected they are of necessity that the Emperour of the world cannot add or detract any thing from his contract without his consent to whom it is made although he were the meanest man in the world who may be benefited but not deceived by a contract that is not defrauded of that which is agreed upon in the contract although it be lawful in bargaining before the bargain be concluded to deceive one another Secondly If Princes might revoke their contracts at their pleasure there should be no good dealing with them which would be ridiculous no trust to their words which would be dishonest no benefit would be gotten by them which would be illiberal and unbeseeming the Majesty of a Prince Thirdly Princes actions must be free from scandal far from deceipt and not subject unto malice Fourthly Princes are reasonable creatures and must submit themselves unto reason lest they be reputed as B. Celestine was not a man but a beast because he revoked in the evening the grants which he made in the morning Lastly Other men may attend to profit but Princes must look to honour and have an especial regard thereof and what can be more dishonourable then to break their word to falsifie their faith to violate their contract especially if their word faith and contract be fortified and strengthned with a solemn oath with an oath that being added to a contract hath these vertues these qualities these operations It maketh their contracts lawful and of full strength and force which without an oath are not of weight before God and man For a young man under yeers who by reason of his minority cannot contract without authority consent and counsel of his Guardian shall be bound to stand to his contract if he hath sworn to observe and keep the same his oath strengthneth his contract and depriveth him of the benefit of restitution to his former and pristine estate it maketh the person infamous which breaketh such a contract it debarreth him of any action against the other contrahent it enforceth him to restore that he hath received it disableth him to take the forfeiture that is made unto him it freeth the observer of the Contract from any penalty whereinto he is fallen it benefiteth the absent as the present it forfeiteth the contract whether it be interposed either before or after the contract or at the instant of the making of her or at any other time it urgeth and bindeth the contrahents to a strict and due observance unless it may endanger their souls health and keep and observe their contracts Briefly it hath many other operations which shall be more fitly mentioned hereafter But what availeth it to have said all this if all may be refelled in a few words The King of Spain was not well informed when he made this contract when he took this oath he prejudiced himself greatly in yeilding thereunto and he weakned his authority too much in submitting himself to the observance of the Laws and all these being proved or any one of these three inconveniences falling out to be true he is not bound to the performance of this contract or of this oath But how are all or any of these three inconveniences proved How can it be that he should not be well informed when he yeilded to this contract Could he be ignorant of that which all the world knew which his Predecessors did before him which strangers unto his Laws and Country knew many years ago For Guicciardine who wrote his book before he was crowned writeth in the sixth book of his History That the Aragonian Kings have no absolute and Kingly authority in all things but are subject unto the subjects and constitutions of their Country which derogate much from the power and authority of a King And Bodin who wrote not many years being a Frenchman and having no other knowledge of the Laws of Aragon but such as he received from others used in his Book the same words of the Kings authority which are used by the King at his Coronation We that are able to do as much as you make you our Lord and King upon condition that you shall keep our Laws and Liberties and if you will not you shall not be our King Laws bind the present assoon as they are published in their presence and hearing and the absent shortly after that they come to their notice and knowledge those Laws therefore being as by all likelyhood it seemeth made and established at the Institution of the Aragonian King could not be hidden from his knowledge nor prejudicial to his Majesty and Authority Royal. For what blemish is it to a King to submit himself unto those Laws which his Predecessors were contented to acknowledge and observe The Emperour that made and authorized almost all the Civil Laws that are now extant could set it down as a Law that it should be well and worthily done of a Prince be he never so great and mighty to be pleased to subject himself to his own Laws it delighteth a good Prince it liketh his subjects it honoureth Kings and it greatly rejoyceth their Vassals The ancient Kings of
considerable advantage 98 XXIX That there was just occasion given for the intercepting the Spanish money sent into Flanders 105 XXX That the Spaniard is generally supposed to be more powerful then really he is 110 XXXI The nature and condition of the Spanish people 115 XXXII The false commendations given by divers Authors unto Spain 117 XXXIII That the King of Spain 's wars with the Low-Countries have depriv'd him of that benefit which he might have reaped if they had not been so much impoverished 123 XXXIV That it was no point of Policy in the Spanish King not to grant liberty of Conscience to his subjects in Flanders 128 XXXV That it redounded not so much to the Spanish Kings honour as he imagined to enter into a League with the Princes of Italy the Duke of Lorrain and the House of Guise against the Lutheran Princes 136 XXXVI That many Princes have been less to blame for entring into a League with the Turk then the King of Spain for his League with the Guisards 139 XXXVII That Princes oversights are never forgotten after their deaths however their vertues may 142 XXXVIII The likelyhood of the downfal of the Duke of Guise his faction 145 XXXIX That it is but uncertain trusting to the friendship of Rebels 148 XL. The French King vindicated from divers things laid to his charge 151 XLI The King of France his killing of the Duke of Guise justified 160 XLII How the Kings of France have from time to time raised the revenues of that Crown 166 XLIII The commendations of Henry the third of France from divers eminent Authors XLIV To what a vast power and authority the Popes of Rome are advanced from a small beginning with their deceits and cruelties 172 XLV VVhat losses and injuries Princes have sustained by submitting to the Pope's authority 179 XLVI Queen Elizabeth unjustly accused by the English fugitives to the King of Spain for overcharging her subjects with unaccustomed subsidies and taxes 183 XLVII The Spanish King blamed for giving too easie credit to the reports of the English fugitives 189 XLVIII Certain objections against the Queen of Englands putting the Scottish Queen to death answered 191 XLIX VVhether it be allowable for Subjects to take up Arms against or put their Princes to death 202 L Of the proceedings of divers Princes toward those that have fled unto them for succour 208 LI. That Embassadors violating the Laws of Nations or of Arms have oft-times been rigorously dealt with 210 LII That neither the death of the Scottish Queen nor any other occasion could warrant the King of Spain's invading of England 215 LIII That it is no easie matter for the King of Spain to conquer England 218 LIV. The Popes and Emperours machinations against the Lutherans make them so much the stronger 224 LV. The cruelty of Princes to their subjects proveth most commonly prejudicial to themselves 229 LVI Many motives of Rebellion and Discontent among the K. of Spain 's subjects threatning inconveniences to him the like whereof have fallen upon Princes in former ages 238 LVII That many famous and learned men have favoured wrong causes for reward or preferments sake 241 LVIII That the K. of Spain 's best friends may be easily won to for sake him or at least to stand Neutral 243 LIX Several Emperours of the House of Austria set forth according to their true qualities and conditions 249 LX. That there is as just cause to fear France if that Kingdom grow too powerful as Spain it self 257 LXI That the Low-Countries joyned together under one Form of Government would grow very formidable 258 LXII How powerful the Switzers are grown since they have Incanton'd themselves 260 LXIII How expedient a Confederacy with the Low-Countries is in reference to a falling out either with France or Spain 261 In the Supplement I. IOhn de Soto Secretary to Don John de Austria removed and John de Escovedo put into his room p. 2 II. Antonio Perez commanded by the K. of Spain to poison Escovedo 3 III. Several questions discussed concerning Escovedo 's murther and first whether the K. commanding Escovedo to be murthered may not worthily be accounted a murtherer 4 IV. The second question whether Antonio Perez obeying the Kings command be not guilty of Escovedo 's death as well as the King 10 V. The third question whether the King being found a murtherer deserveth not to be deposed or excommunicated better then the K. of France deserved to be deprived of his life for murthering the Duke of Guise 13 VI. The fourth question whither this excommunication and deposition may be warranted by the example of other Prince 14 VII VVhether wilful perjury and breaking of Laws be punishable with deprivation in a Prince and whether subjects may lawfully resist such a Prince 17 VIII That the Nobility of Aragon have from the beginning bound their Kings strictly to the maintaining of their priviledges 22 IX That Subjects may seek remedies against such Princes as will not do them Right and Iustice. 26 X. The K. of Spain 's actions much aggravated in respect of those which the K. of France hath been charged with 27 The Table A ADrianus the Emperour's vast Armies and strength in war p. 74 Albertin Coraza made lord of Padua p. 53 Alexander the Great the pattern of a valiant Prince p. 5 Not superiour to divers of-the Roman Captains p. 232 233 Alexander King of Epirus his opinion concerning Alexander the Great 's victories p. 74 Pope Alexander the third's prastises against Frederick Barbarossa p. 177 Alonzo King of Aragon adopted by Joan Queen of Naples p. 55 Alphinus King of the Scots and Picts openly beheaded p. 214 other examples of the like nature p. 215 Cardinal Allen compared with Richard Shaw and John Petit p. 189 The ambition of the Earl of Anjou 's wife set him on to get the Kingdom of Naples p. 258 Amulius his cruelty to his Brother Numitor and his children p. 89 Anjou quitted by the King of England p. 45 Don Antonio justifieth his Title to Portugal by several arguments p. 60 Anthony Montefeltro made Duke of Urbin by the Emperour Lewis 53 Appius his severity hurtful to the Commonwealth 233 The Arch-bishop of Toledo rebelleth against the King of Aragon p. 16 and is aided by Alonzo K. of Portugal ib. Aristides the pattern of a just Magistrate 5 Armies going far from home meet with many occasions of destruction p. 70 71 Artevild Agricola and Besconius the chief Ring-leaders of the Gantois Rebels 230 231 Astyages seeketh the destruction of his Grand-child Cyrus 87 88 89 Attila the Scourge of God 5 Augustus the pattern of a fortunate King 5 The Duke of Aumale chosen head of the faction of the Guises 159 The House of Austria their Original from Hapsburgh p. 17 Their Greatness Tyrannie and Oppression p. 17 18 The continuance of their Greatness 50 The Author a voluntary Exile in the time of Queen Elizabeth p. 1 His Credit with Great men
Their contracts bind them as much as Laws 19 20 R REmedies of Subjects against unjust Princes 26 S DOn Sebastian of Portugal intendeth to aid Muly Mahomet King of Morocco against his brother 28 Sforza Ursino and the Count de Terras Vedras and Emanuel Serradas unjustly executed by the Spanish King 27 The Spanish liable to be depos'd for breaking the Laws of Aragon p. 17 He entreth into a League with Muly Malucco against his own Nephew Don Sebastian of Portugal 27 The Swedish King not to make war without leave of the States 21 THE STATE OF CHRISTENDOME AFter that I had lived many years in voluntary exile and banishment and saw that the most happy and fortunate success which it pleased the Almighty to send unto my gracious Soveraign against the malicious and hostile Attempts which the Spanish Monarch both openly and covertly practised against her sacred Person and invincible State and Kingdom I began to despair of my long desired return into my native Countrey and to consider with my self with what price I might best redeem my sweet and inestimable liberty Sometimes I wished that her Majesty had as the Italian Princes have many confined and banished men abroad upon whose heads there are great Fines set to invite others to kill them in hope to receive those Fines in recompense of their murther But my wishes vanished as smoak in the wind and as long as I dwelt in those cogitations me-thought I did nothing else but build Castles in the Ayr then I applied my wits to think upon some other means of better hope and more probability and supposed that to murther some notable Traytor or professed enemy to my Prince and Countrey might be a ready way to purchase my desire But the great difficulty to escape unpunished the continual terror that such an offence might breed unto my conscience and the perpetual infamy that followeth the bloody Executioners of trayterous Murderers for I held it trayterous to kill my friend and acquaintance made both my heart and my hand to abhor any such action Martius Coriolanus seemed unto me a most happy man who when in revenge of a few mistaken injuries he had wrought his Countrey great despight and annoyance suffered himself with much difficulty to be intreated by his Wiâ—e his Mother and the Senate of Rome to return home and to become so great a Friend as he had been a Foe unto his country That day should have been more joyful unto me then the day of my birth and nativity wherein I might have seen a Letter from any of my friends with assurance of my pardon to call me home But I find my self so much inferiour to Coriolanus in good fortune as I come behind him in manly valour and other laudible qualities Whilest I lived in this perplexity I hapned by chance to meet with an honest and kind English Gentleman who was lately come out of Italy and meant to sojourn a few moneths in France and then to return into England He knew both me and my friends very well And although his License forbad him to converse with any Fugitives yet hearing by common and credible report that I was not so malicious as the rest of my Countrey-men but lived only for my conscience abroad he adventured now and then to use my company and with me and in my hearing to use greater liberty of speech then with any other of our Nation Whereupon I presumed that as I was trusted so I might trust him again and as he did conceal nothing from me so I might adventure to reveal to him the secret projects of my inward cogitations I therefore acquainted him with my eaâ—nest desire to return and with the great difficulty which I found to procure my return and he perceiving that my words agreed with my wishes and that my tongue uttered nothing but what my heart thought promised me faithfully to effect my desire if I would be content to grant his request I presuming that he would demand nothing but that which should be both honest and lawful gave him my faithful promise to satisfie his demand He accepted my offer and uttered his mind in this manner In my travel I have heard many things which I knew not when I came out of England and no more then I would and yet much more then I can be well able to answer when I come home if you will be as willing as I know you are able to frame me a good and sufficient answer to all that I have heard all the friends which I have in England shall fail me but that I will purchase your return home with credit and countenance And because your promise bindeth you to vouchsafe me this favour I will as briefly as I can possible shew you to what points I shall need and most desire your answer I heard Princes generally reprehend the Flomings perhaps more boldly then justly accused of rebellion the French men I know not how truly burthened with the same crime and our Sovereign in my poor opinion wrongfully blamed for aiding both the French and Flemish Nations I heard some men to maintain this strange opinion that the Turk had long before this day been utterly subverted or sorely weakned had not her Majesty holpen those two Nations which hindred both the French and Spanish Kings from imploying their united forces to the utter subversion of the Turk I heard some men charge us with vain-glory as men that had learned of the vain-glorious Souldier in Terence to brag of our valour and exploits in France where they could hardly believe that we ever obtained the tenth part of that which we boast to have atcheived And others who were better acquainted with our Histories and more affected with our conquests do wonder and marvell greatly howwe could lose in a very few years all that our Predecessors got with much effusion of blood and with great difficulty I heard the Spaniard our mortal and professed Enemy highly commended for that his Predecessors could of a mean Earl make themselves mighty Monarchs and because that he with his wisdom doth maintain and keep all that they got I heard his might magnified his Policy admired his Government extolled his Wisdom commended his Wealth feared and all his Actions justified I heard contrarywise our Portugal Voyage condemned the Cause thereof disliked the Success dispraised the Entertainment given unto Don Antonio disallowed and her Majesty accused to have given the Spaniard many and divers occasions of discontentment The death of the late Queen of Scots The intercepting of certain monies sent into the Low Countries The proceeding against Catholicks the expulsion of the Popes authority out of England the sending away of the Spanish Embassadour in some disgrace and our League and Amity with the United Provinces are the principal causes that displeased the Spaniard I heard it imputed unto her Majesty as a fault that her Grace continued in league with the late French King who was charged to
to pass The first of the three was the late Kings especial Favour The second an Office of great Account and Dignity The third that the rest of the Court should be at his Will and Commandment either for love towards him or for fear of his Greatness and Authority For the purchasing and assurance of the Kings favour he useth two principal means The one to let the King understand that he was now grown to so great power and strength that it was impossible for his Majesty to supplant or suppress the same The other to perswade the King not only by words but also by good carriage of himself that he would never abuse that his power but always use it to his Highness benefit and his Majesties service keeping the King by this means always betwixt love and fear and increasing the number of his friends and followers by gratifying some with Offices others with money and still imploying his Purse his Credit and his Countenance for the strengthning of his Party and that in such manner as the King could not but perceive it yet he dissembleth so cunningly protesteth so devoutly and sheweth sometimes so apparent effects of his good will and dutiful obedience to the King that his Majesty distrusteth not his proceedings And for the better continuance of the King in that opinion he marketh what is done in every Province willeth many things to be done that were acceptable and pleasing to the Kings humours and still writeth unto his Friends and Kinsmen that they should shew their obedience in small things and in matters of no great moment that they might the better be trusted in matters of more great weight and profit to the furtherance of his and their designs Now for the obtaining of such an Office as might both countenance him and prefer his Friends he very subtily insinuateth himself into the Queen Mothers favour unto whom the King had committed the Administration and charge of the weightiest affairs of his Kingdom he maketh the Kings principal Secretary sure unto him causeth him to procure his return to the Court when he was once commanded by the King to depart thence in disgrace bringeth it to pass by him that the Duke of Espernon his greatest enemy should be banished the Court and that after his departure the same Secretary should continually seek and procure his discredit and contrariwise further him in all his Attempts and Endeavours lest that the King recalling in time the Duke Despernon might be induced by him to displace and discountenance them both And whilst he is in this favour he sueth to be High Constable of France meaning in time to use the same Office as Charls Martel did for a step and Ladder to climb up to the Kingdom which Office he saith was of such antiquity and necessity as that as soon as there was a King in France there was also a High Constable and that their Estate never flourished better then when the Crown was provided of such Officers as should and did execute their Offices and Charges in as ample manner as their Commissions gave them power and Authority to do Besides seeing that the Queen Mother either at the first or at the last obtained whatsoever it pleased her of the King and that whosoever he was were he never so highly in the Kings favour that displeased her in time lost the Kings good will and good opinion He so carried himself towards her that he seemed to affect nothing more then her good liking and yet not to be so desirous thereof as that he would wholly depend thereupon knowing that the King although he did always attribute much unto his Mother and was contented that she should be reverenced and respected next unto himself yet he could not well brook them that sought for her good will more then for his Favour and thus with cunning continuing a firm League of love and amity betwixt the Mother and the Son he hoped in time to possess them both in such manner as before they should be aware thereof he would assume unto himself the power and authority of them both And further perceiving that the Kings old Secretaries were not in all respects so pliant and ready to follow and fulfil his designs as he wished he laboured by all means possible to prefer them unto Offices of higher dignity and to place others in their rooms who would not fail to further his intents and purposes nor disdain to depend wholly upon his favour and also to make him privy to whatsoever business or affairs of Estate they were commanded to dispatch by the King whereby he came to perfect knowledg of all that was purposed or determined by the Kings privy Councel And grew into such favour and credit that even the principal Officers of the Crown either for fear or for love or by other mens examples submitted themselves wholly unto his devotion And he had such interest in the Kings Court and Courtiers that all or the most part of them seemed to be at his only disposition and to affect him more then their King and Soveraign Having installed himself in this manner in the Court and distracted the hearts of the principal Officers thereof from their duty and love to their King he thinketh it not sufficient to be invested in their favours unless he might also captivate the affections and good wills of the common people whom by promise to relieve their necessities to ease their charges to supply their wants and to redress all that was thought or suggested to be amiss the common means used in all times and all ages by men of his mind to seduce and mis-lead a multitude he easily and quickly perswadeth to favour his party And finding the common sort so ready willing and desirous to perform and accomplish his pleasure as that in respect of their obedience towards him he seemeth to lack nothing but the only name of King to be a King Notwithstanding the great Honor and Reverence that Courtiers shewed unto him the love and affection that the Commonalty bear to him the Offices and Dignities which he partly affected and partly attained the high Attempts and Imaginations which he lodged in his heart and conceit and the unaccustomed Authority which he cunningly had usurped yet he was so far from being puffed up with pride or disdain towards his inferiours faults commonly incident unto men advanced unto extraordinary favour and preferment that for the better continuance of his credit and the peoples good will towards him he would debase and so much deject himself as that he thought not scorn to go bare headed from one end of the Street unto another even unto base Chrochelers and Porters with which his demeanor the Duke De Mayne his Brother was many times highly displeased and could not at any time frame himself to follow and imitate him therein which hath appeared more manifestly since his death the common people in regard of that want not favouring him so highly as
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
hostility answered That he could not leave off his wars because he knew not what authority Don Philip who was the Mediator of that Peace and should have had the French Kings daughter for wife to his son Charls had from the King and Queen of Spain to conclude the said Peace And the said King and Queen hearing of the good success which their General had daily against the Frenchmen permitted him to proceed as he began and disclaimed all that was agreed or yeilâ—ed unto by the said Don Philippo saying that he had no power or authority from them to make any such agreement But Don Philippo seeing his credit thereby called in question published to all the world that he had done nothing more in the concluding the said peace then the King and Queen had given him full commission to do and further before he departed out of Spain he saw them both swear upon the holy Evangelists and upon the Image of Christ crucified that they would confirm ratifie and observe whatsoever should be concluded by him Thus Naples was gotten deceitfully although Francis the first after that he was unhappily taken Prisoner at Pavia by Charles the fifth did voluntarily renounce all his Right Title and Interest unto the same kingdom for the ransom and deliverance of his two Sons who were Prisoners a long time in Spain as pledges for their Father From Naples and Sicily I hasten to the kingdom of Navarra gotten by the Spaniards Predecessors and held as unlawfully by him as the two other kingdomes for when as Ferdinando so often before mentioned had occasion to pass with an Army through the kingdom of Navarra to succour the Pope he demanded safe passage of the King thereof who being so commanded by Lewis the French king his Soveraign denied him passage Ferdinando certifying the Pope of his denial the Pope excommunicated the King and depriveth him as a Schismatique of his kingdom Ferdinando hereupon having his Army in a readiness invadeth the kingdom taketh the King unprovided and before he could have any help from the French king depriveth him of his Royal Seat and Dignity and his Heirs have held the same ever â—ithence by no better Title then this Of which give me leave in a few words to tell you my simple opinion and then I will come to the kingdom of Portugal As it is most certain that the Kings of Naples and of Scotland hold their kingdomes the one of the Pope of Rome the other of the Queen of England as of their Soveraigns so it is undoubtedly true that the Kings of Navarra owe homage faith fealty and obedience unto the king of France as unto their Lord and Soveraign for their kingdom in regard whereof they are bound to many conditions of services unto him as their Soveraign and especially to aid and assist him in his just quarrels wars and contentions against any other Prince whatsoever and never to leave him upon pain of forfeiture of their States and Dominions holden of him which is so true that many Doctors of Law writing upon this case make this question whether a Vassal such as the king of Navarra was in respect of the French king leaving his Lord and Soveraign sorely hurt in the field and forsaking him in that case doth forfeit his Estate or no And they all generally conclude that it his wounds be not mortal and such as they leave no small hope of life then the Vassal for forsaking him loseth his Estate be it never so great But I will not stand upon the proof of this point nor upon the justifying of the king of Navarra his denial made unto the Aragonian king by Commandment of his said Lord and Soveraign for I shall have occasion to enlarge hereof in another place whereunto when I come you shall see it sufficiently and plainly proved that the king of Navarra could not without manifest loss and forfeiture of his kingdom unto the French king deny or resist his Commandment This then being most manifest it must needs follow that the king of Aragon did most wrongfully invade and take from him his kingdom and so consequently the king of Spain withholdeth the same from the present king of Navarra with no better right or reason then he that detaineth a private mans lands who never having any just title thereunto justifieth his Tenure by no other reason but by a few years wrongful possession which giveth no just title especially if the same hath been continually claimed and demanded by the lawful owners thereof as without all doubt the kingdom of Navar hath been for the present king and his Predecessors did oftentimes require restitution thereof of them which did wrongfully detain it And had not the civil wars of France hindred the present king from demanding the same by force of Arms he had long before this time warred upon the now king of Spain for the recovery thereof Now to the Kingdom of Portugal This kingdom as Scotland and Navarra are members of the kingdom of England and France so it is a member of the kingdom of Spain for Alphonsus the sixth king of Spain had a base Daughter nam'd Taresia whom he married unto Henry Count of Lotharinga and gave him in Dower with her the Kingdom of Portugal because he had done him very great service against the Moors But his Son Alphonsus the first was the first that was named King of Portugal and the first that got the City of Lisbone from the said Moors and having overcome in one Battel five of their Kings he left five Shields for Arms unto his Posterity This kingdom hath had many alterations and sundry Wars moved by such as layed claim thereunto but none considering the small continuance thereof more lamentable then the late Wars betwixt the now king of Spain and him whom the Spaniards call Don Antonio and no lawful king of Portugal for besides that the chief of the Nobility of that Realm were either cruelly murthered in the said War or unkindly held in extream thraledom or servitude by the Spaniard their natural and professed enemy the rightful King was most wrongfully driven from his lawful Inheritance to live as you know in a strange Country with the Princely and yet slender releif that her Majesty of her Royal liberality and clemency vouchsafeth him and his poor Train The Spaniard for the better obtaining of his Kingdom imitated in some measure the policicy of Charls the fifth his Father who during the competency betwixt him and Francis the first king of France for the Empire brought an Army of men unto the place where the Electors were assembled to make choice of the Emperour pretending the cause of bringing his Army thither to be his just and Princely desire to free the Electors from all manner of fear which they might justly have of some violence to be offered them by the French king if they made not choice of him Whereas in very deed his
Charls as it hath often been said this present King of Spain Besides Francis the first who before that time was as all his predecessors before him had been Soveragin of all those Estates and Countries did as well at Madrid in Spain whilst he was Prisoner there for his own Ransome as at Cambray after he was set at liberty for the deliverance of his two Children renounce all his Rights and Interests to the Soveraignty of all these Countries Thus came the Spaniard by all that he hath Now shall you see how he hath hitherto conserved all this his own possession notwithstanding the reasonable pretences which many either do or may make to divers of his Dominions First as amongst private men whosoever attaineth unto great wealth is reverenced amongst his neighbours honoured by his friends feared by his adversaries and so sought unto by all men that many indeavour to please him few or none dare to contend with him even so amongst Princes he that exceedeth the rest in might in wealth in reputation carrieth such credit with the rest beareth such sway wheresoever he cometh winneth such favour in all that he attempteth and striketh such terrour in the hearts of them who have occasion to quarrel with him that they had rather sit down losers then rise up in Arms against him they suspect his secret attempts stand in awe of his exceeding power doubt the aspiring projects of his ambitious mind and are presently terrified when they enter into consideration of his strength of his treasure of his friends and confederates provoke him think they and you heap burning coles upon your own heads anger him and you awake a shrewd sleeping Dog offend him and you displease his friends contend with him and you strive against the stream and therefore they hold it for extream folly to incur his displeasure and for singular wisdom to continue in his favour When the Romans were in the highest degree of their prosperity What Prince was so mighty that feared not their power What Common-wealth so rich that stood not in fear and awe of their huge Armies What commanded they that was not obeyed Or whither went they where they were not received Was there any Nation so far from them which heard not of their might and magnificence Was there any Region were it never so remote that heard not of their strength and puissance that trembled not at the very name and mention thereof Came not Kings voluntarily to Rome from the furthest confines of the world to seek their friendship Sent not the Princes of Asia the Monarchs of Affrica and all the Kings of Europe their Embassadours to crave their Favour and Alliance What Prince presumed so much of his own force that if he were wise held himself not greatly honoured if he were so happy as to be one of the number of their Alliance and if he were unwise or over-hardy and bold that found not himself deceived yea utterly overthrown if at any time he presumed to contend with them Lived not Carthage in wealth and honour until she took stomach and heart at grass against Rome Mighty Pyrrhus wise Mithridates deceitful Hannibal puissant Massinissa with a number of others of like renown ruled they not in peace and Raigned in security until they began to conjure and combine themselves against the Romans And then failed not their power perished not their Authority decayed not their Reputation and went not all they had to wrack and ruin It is therefore undoubtedly true that this prejudicate opinion of the Spanish Kings Might and Power hath been one especial means to preserve and keep his many Dominions for although his might is in many degrees inferiour to the Romans Power yet as they because they possessed most part of the world were redoubted and reverenced of all Nations in the world so he possessing more then any Prince of Christendom must needs be had in honour and reverence through the greatest part of Christendom Besides as they in all places of Conquest had their power and forces to hold them in continual awe and obedience As in Germany eight Legions every Legion consisting of 6100. Souldiers and 726. Horse-men In Spain three Legions In Affrica two In Seruia and Bulgaria two more and in Salaminia other two and about Rome in the Cities of Italy twelve sundry Bands whereof every one of nine of them consisted of 1105. Foot-men and 66. on Horseback So that they had always in continual pay twenty five Legions which amounted in all to 165755. Foot-men and unto 19734. Horse-men at the least besides the help and succour of their friends and Confederates And these Forces they kept as well in the time of peace as war for the more safety and security of their Estates and Dominions In the like manner the King of Spain hath certain men always in pay in the Dutchy of Millan in the Kingdom of Naples in the Country of Burgundy in the Low-Countries in the Realm of Portugal and in other places of his Dominions for the better secuâ—iâ—y of the same and those Men lye in continual Garrison as well when he hath Peace as when he is at Wars Moreover as the Romans destroyed the Cities of Alba of Numantia and of Carthage because as long as they stood they were always rebelling against them So the Catholique King hath either forceably subverted or voluntarily impoverished many Cities within his several Dominions only to disable them to make head against him And this pollicy of impoverishing Rebellious Cities and their richest Inhabitants is too too general and usual in Italy where it is held a point of wisdom and a strengthening or rather a sure way to uphold and continue their Estate to hold down and depress their most noble and wealthy Subjects for fear that leâ—t over great riches embolden them to enter into conspiracy against their Rulers or to seek some means to set themselves and their Cities at liberty Again as the Romans never entred into League or Amity with any Prince or Nation who did not wholly submit himself and it self unto their discretion So the Spaniard never receiveth any King or Potentate for his Ally and Confederate unless he can and will be content to be wholly at his devotion Plutarch in his book of the lives of the noble Romans and Graecians writeth that Eumenes understanding that divers Satrapes sought all occasions and means to kill him to stop and prevent their malice against him feigned that he had great need of a great sum of money which he borrowed of them which hated him most to the end that they might give over the seeking of his death whereby they were assured to lose all their money In like sort both the King of Spain and his Father before him doubting that Genoa a very rich mighty and populous city in Italy might be either induced by the perswasion of other Princes in Italy who desire nothing more then to see a King of
they commanded all Italy they might justly stand in fear of such an Enemy in Italy as the King of France may be thereunto And so consequently that the present King of Spain whose power is by very many degrees inferiour and not equal to the Romans hath very great and just occasion to doubt and fear the French King for it is written that Hannibal who was the greatest enemy that ever the Romans had who in my simple conceit was the most wise politique and valiant Captain that ever lived who knew the strength of the Romans and how they might well and conveniently be annoyed by any Prince that would undertake Wars against them better then any General of former Age or of our time doth or can know being driven after the ruin and destruction of Carthage to fly for succour and for his last refuge unto King Antiochus delivered unto him for his sound and setled opinion that Italy was a Country that was able to yeild unto any forrain Enemy both Souldiers and Victuals against it self and yet whosoever would attempt any enterprise either secretly or openly against Italy must take the advantage of some Conspiracy Tumult or Commotion to be moved within the very bowels and entralls of Italy for that if the Romans might wholly enjoy and imploy the only forces and strength thereof there was never any King or any Nation that might justly and truly compare with the Romans Then if Italy be such a Country as undoubtedly it appeareth to be by Hannibals Testimony If it be able to yeild releif to Forrainers if the next way to win it be to have a partie and partakers in it who can be thought wise that shall be of opinion the Spaniard is of so great power and Authority in Italy that he should not need to fear the French Kings might or puissance Shall he not be feared because some men perhaps think him not able to set forth an Army sufficient to encounter with the Spanish Forces Why it is written that Alexander the Great who conquered mightier Princes then the present King of Spain is never had in amy Army above 30000. Foot-men and 4000. Horse-men It is writen that the very Romans whose power was such as you have heard it to be never used greater Forces against any forrain enemy then an Army of 40. or 50m. at the most Lastly it is Recorded that the Spanish Kings Father held an opinion for many reasons him thereunto moving that an Army of the same number and quality which Alexander used was without all doubt and controversie sufficient for any Prince whatsoever against any enemy was he never so mighty Again shall he not be feared because his Treasure is not equal unto the Spaniards Golden Mines Why it is true that money and Gold are the very sinews of War it is an infallible Maxime we hold it for a most ancient and over-ruled Rule but if riches had been the best and only means to subdue Nations never had the poor Romans at their first beginning nor the needy Swizzers in their Wars against the rich Duke of Burgundy nor the beggarly Normans in the Infantry of their Chivalry obtained such Victories and Conquests as they did But grant that the Spaniard needeth not fear any Enemy in Italy unless he be as mighty as the Romans both in money and in men If the French King shall be found to be such an enemy will the Spaniards favourers confess that he is worthy to be feared If they should not you would hold them to be senceless And if in this Point concerning the annoying of the Spaniard in Italy I prove him not in some manner equal to the Romans I can be content that my slender Reputation shall suffer any manner of indignity Titus Livius and many other Authors of the like Authority and Credit make true and large mention of the harms of the indignities and of the damages which the Romans sustained by Hannibal They report how he passed the Alpes with great difficulty brought in forces into Italy with great danger ruled his Souldiers with great dexterity provided things necessary for them with singular wisdom and providence won divers Princes of Italy to join with him and them with great Wit and Policy Lastly proceeded on his journey with so great courage and magnanimity prevailed in his enterprises with so good success and fortune terrified and daunted the invincible hearts and stomachs of the Romans with so many unexpected and notable Victories that they had no other way to be rid of him but to send Scipio to War in Affrica and by besieging Carthage to call him home to the releif of Carthage Now for the better proof of my purpose give me leave I pray you to compare the Spaniard and the Romans the French King and Hannibal together a Molehil indeed with a Mountain an Eagle in truth with a fly but such a Molehil and such a fly as will declare the greatness of the Mountain as will illustrate the might and vertues of the Eagle The Romans commanded all Italy The Spaniard ruleth most part of Italy they had no man in Hannibals time that durst oppose himself openly against him he hath few or none in our Age that dareth shew himself an open enemy against him they were generally feared he is undoubtedly redoubted they were assisted by their friends against Hannibal he would likewise find friends against the French King Briefly they stood upon their guard and he is not without his Garrisons But an Hannibal annoyed them when they were almost in the highest period of their pride and prosperity And why may not a French King work him annoyance when he standeth most assuredly upon his defence Shall he not be able to hurt him because the Alpes divide France and Italy and maketh the passage hard and difficult But Hannibal passed them when they were not so passable as they are now And how many times have the Frenchmen passed them since Hannibals time Shall he not find means to work him dispight and hindrance because he is not so well experienced in Wars as Hannibal was But may he not find many Captains who in these days have little less experience then Hannibal had Shall he not be sufficient to war against him in Italy because the Country is far better fortified then in Hannibals time but late experience hath taught us that those Fortifications Holds and Citadels could not stay the course of Charls the eighth King of France who passed through all Italy as a Conquerour until he came to the Kingdom of Naples which he also subdued Briefly shall he not prevail against him in Italy because the Spaniard is in League with most of the Princes hereof But Histories afford us many examples that the Italian Princes have oftentimes broken their League with the Emperour and other his Predecessors whose greatness they either feared or enveighed as they do the overgrowing power of the Spaniard at this present And why may not
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
afflicted is a point of great Inhumanity so to comfort the comfortless is a work of singular Justice and Lenity The commendation due to this kind of courtesie hath wrought so strange effects in the hearts of many Princes that some have received their professed Enemies others have fallen out with their dearest friends rather then they would restore a poor Prince being fled unto them for succour when he was demanded at their hands some have refused great rewards which have been offered them for the restitution of such as lived in exile and banishment within their Territories others have entertained them with large yearly Pensions and presently aided them for the recovery of their Kingdomes some have given them whole Cities to dwell in others have been so forward in releiving such as implored their help that they have lost their own Kingdoms for defending them It is written in the Histories of France that Charles the seventh having upon just occasion of offence and displeasure conceived against the Dolphin of France who was his eldest son banished him out of his Realm and commanded that none of his Subjects or Friends should receive him The Duke of Burgundy who was then Vassal unto the French King and mortal Enemy unto the Dolphin did not only receive him but also gave him leave to chuse what Castle Hold or City of his soever he would to dwell in and sent presently Embassadours to his Father to make his excuse for receiving him Piero Mexias in his Book of the lives of the Roman Emperours reporteth That the Emperour Henry the third when as Peter King of Hungary was driven out of his Kingdom by his own Subjects who for his evil Government had rebelled against him did not only harbour and entertain him but also restored him unto his Kingdom although the same Peter not long before had favoured the Duke of Bohemia who rebelled against the said Emperour The King of Cochin being required by the King of Calicut not to harbour his enemies which were fled unto him for succour Answered that he could not expel them out of his Cities having received them upon his word with which Answer the King of Calicut being highly displeased wrot him a Letter full of great threats whereat the King of Cochin laughed and willed the Messenger to tell him that he would not do that for fear of all his threats which he vouchsafed not to do at his request whereupon the King of Calicut suddenly prepared a great Army invaded the King of Cochins Realm drave him out of his Kingdom and enforced him to fly unto a certain Island of his own which was then in the hands of certain Portugals by whom he not long after was again restored unto his Kingdom Our Chronicles report That both Edward the fourth and Richard the third offered great Rewards unto the Duke of Brittan to restore unto them Henry Earl of Richmond who lived as a poor banished man within the Dukedom but no money could win him to yeild unto their desire The same Chronicles testifie that the poor King of Scots received Henry the sixth flying from the persecution of Edward the fourth and entertained him with a yearly Pension and aided him for the recovery of his Kingdom David distrusting the protection of God slyeth unto Achich King of Goth who giveth him Siglag to dwell in And Ierobâ—am flying unto Shishack King of AEgypt was honourably received of him and maintained there like a Prince until Rehoboam was deprived for his cruelty and he sent for out of Egypt and made King of Israel Frederick King of Naples being oppressed by his Uncle the King of Spain used unto the French King unto whom he made grievous complaints of the Catholique King because without any regard of the kindred and consanguinity that was betwixt them he had endeavoured by all means possible to deprive him of the Moity of his Kingdom Lewis the French King received him with great honour and courtesie made him Duke of Anjou and gave him 30000. Ducates of yearly Revenue Our Chronicles and other Histories are full of a number of the like Examples confirming the equity and commending the clemency and gentleness of such Princes as have yeilded competent relief to their neighbours to their enemies to their Allies and to meer strangers being enforced to crave their aid and assistance But hoping that these will suffice to satisfie and resolve you I will forbear to enlarge this discourse with the supersluous and needless recital of others It is commonly said that troubles come in post and depart by leisure And who so seeketh unquietness shall easily find it and therefore considering the displeasure that is done to the adversary of him that is received into another Kings Realm and protection the danger which the Receiver may incure and the manifest wrongs which are sometimes done unto the Receiver by the received together with their most unkind and unnaturall Ingratitude this kinde of charitie is sometimes termed crueltie this pity peril this favour extream folly and this compassion a passion not agreeable to reason and Princely policy Some Princes therefore weighting the perils that may follow the receiving of such Guests or the aiding of Princes who were expelled or banished from their own Dominions would neither receive them nor succour them unless they were well rewarded for their labour to the end that such a reward might recompence the costs and charges which do necessarily depend upon the harbour and relief which is given unto them Alexis sometimes Emperour of Greece being deprived of his Empire could not obtain any manner of aid from the Venetians the Marquess of Montferrat and the King of France until he had faithfully promised to pay the Venetians debts to recompence with so much ready money the harms which the Frenchmen had sustained by the Emperour Emanuel and to bestow the Earldom of Candia upon the forenamed Marquess Macrinus having slain the Emperour Bassianus enjoyed the Empire and his Son Antoninus Heliogabalus lived a long time in exile until his Mother Messa by great gifts and extraordinary liberality won the Soulders of Macrinus and his best Captains and Colonels to acknowledg him for the true and indubitate Heir of the Empire and in regard thereof and of the duty of the young child whom for his Fathers sake they quickly affected to deprive Macrinus of his usurped Diadem and Imperial Authority Other Princes perhaps terrified with the perils that accompany and attend upon the harbouring of such distressed Princes when they have once received them either restore them to their enemies or detain them as lawful Prisoners or cause them to be secretly murthered So did Alarick King of the Goths send King Siagrius who fled unto him for succour back again unto Clovis King of France his mortal enemy So did Toleny cause Pompey to be murthered who fled unto him as unto his ancient and faithful friend from the wrath and indignation of
it seemâ—th that the custome of Princes is to receive into their protection such Subjects as other Princes have banished ouâ— of their Realms although in truth this kinde of Clemency ought to be shewed and extended unto Princes only which are constrained by necessity to flie from their kingdoms and not unto Subjects for succouring of whom many Princes of great friends have become mortall Eâ—emies it seemeth I say that this custome doth somwhat excuse the Spanish Kings indiscretion in this action But wise men consider not so much what men do as what they ought to do and true Glory consisteth in vertue and not in shew or shadow of vertue and as Caesar would not have her to wife who was more defamed by suspition then by action so it becometh the Princes of our time to hate those who are vicious not in deed onely but in common fame also especially whenas it is in question whether the friendship of a kinsman be to be preferred before the Amitie of a Stranger of a king before that of a Subject of one that is equall in power to the greatest Prince of the world before those who depend wholy upon the power and authoritie of others And undoubtedly the Guisards of France have no other Credit strength or reputation then that which hath been derived and given unto them by the late French King and his predecessors the which in time will decay and returne unto the place and person from whence it came even as rivers returne unto the Sea from whence they have their first original and being I may therefore boldly say that the King of Spain hath carried himself very indiscreetly in entring into League with these Guisards for four principall causes The first because the shame and dishonour which will arise thereby shal alwaies continue and never be forgotten through length of timâ— or voluntary silence of the Authors and writers of our time The second because the profit arising thereby will be of small conâ—inuance The third because the quarrel betwixt him and France proceeding thereof will be both dangerous and immortall The fourth because the hatred ingendred by this quarrell will rekindle the fire of old dissentions and revive the memorie of ancient rights titles and Interests which the Crown of France pretendeth unto diverse States lately fallen unto the house of Spain For the dishonor which is gotten by wicked waies cannot so be buried in silence but that it will alwaies be reported by the Father unto the child and by that child unto his posterity alwaies finding increase and augmentation by the report which is made thereof And it is and alwaies hath been the nature of man to remember one only error evill deed or oversight of a Prince far better then many of his vertues valiant exployts or wise and discreet Actions Witness the common consent and accord of all Historiographers as wel of ancient time as of our Age who although in other things they be oftentimeâ— very contrary the one unto the other yet they agree very well in this point that they all as it were with one mouth and one voyce speak ill in their writings of the wisest Philosophers Orators Emperors Kings Princes and Captains that ever were in the world So the Author that greatly busied himself in commending Alcibiades a great Philosopher saith that as he did many notable deeds spake many worthie sayings and shewed many apparent Arguments of his great wit and Dexteritie so he was too delicâ—â—e in his ordinary Diet too dissolute in fond Love of foolish women too inordinate in his daily banquets and too superfluous and effeminate in his usuall Attire To maintain himself in which things he often times took dishonest rewards and was corrupted with unlawful Bribes So hee that laboured to set forth the praises of Marcus Cato a notable Senâ—tor of Rome would not conceale that he had lett out his money at Interest that he became so severe in time that he took a very young damsell descended of base Parantage to Wife when he was of such years as required not marriage So Plutarch recounting the Valor Magnanimitie and vertues of Titus Quintus Flaminius and of Philopaemon two notable Captains was so bold as to say that the one was Ambitious Turbulent and easie to be displeased and the other conceited opinionative and very hard and difficult to be pleasâ—d So Cajus Marius by the sâ—me Author who for his valor was called the son of Mars for his delicacy and effeminate behavior was sirnamed the Child of Venus so Alexander the great who is commended by many Authors for the greatest and mightiest Conqueror of the World is reprehended by as many for that he was somwhat hateful for his vain glory and imitated therein those vain Souldiers who are never well but when they are commâ—nding themselves So Cicero who for his excellency deserved to be called the Orator was disgraced in this that he was fearfull and timerous as well in the field as in his Pleadings and it is written of him that he never begâ—n to speak but with great feâ—r and â—â—â—mbling So Pompey sirnamed the great who had these qualities to make him well beloved Temperance in his Life Dexterity in Armes Eloquence in his Speech Faith and loyaltie in his Word good Grace in his behavior and an Amiable Carriage towards all men that had to deale with him was hated and in the end ruinated because he would endure no Superior So Iulius Caesar who hath this commendation that he took a thousand Cities by Assault subdued more then 300 sundry Nations took above a Million of Men prisoners and slew better then an other Million in the Field the least of which things the best Captain of our Age never was nor will be able to do is greatly blamed not only because he was indebted above 700000 Crowns before he bore any Office in Rome but also for that he could not endure to have any companion in tâ—e administration of the Roman Commonwealth So to be short and to come to the Princes of our Age diverse men spare not to speak very ill of Charles the fift although he was a most wise veâ—tuous and valiant Prince because he took the Pope prisoner at Rome and shewed himself very hard and severe unto Francis the first of France when he was his prisoner at Madrill and whereas some commend his wisdome for resigning his Empire unto his Brother and his Kingdoms unto his Son Others reprehend his folly and pride therein because he did it with a hope and full intention as they say to be chosen Pope and with a purpose in his Popedome to give unto his Son all or most of those States which he held in Italie of the See of Rome meaning thereby to leave in his house and Familie the Government or the meanes to attain and usurpe the Regiment and Monarchie of all the world By these Examples it is apparent that the Prince who by
committed divers oversights after his resolute murder of the Duke of Guise For had he not killed the Cardinal of Guise the Clergie had not been so highly offended wiâ—h him had he not presently called the now King to help and succour him made him his Generall and declared him his immediate Successor he had not so much displeased the contrary Faction as he did and yet he received no great benefit by his coming unto him for he brought not above two thousand men with him and the Nobility which within a few daies after came unto him with their people were about thirty thousand againe the delay and surcease of Arms for fifteen daies together after the victory had against the Count of Egmont gave time and space unto the Parisians to make sufficient provision of all such things as they wanted Secondly the King hindred himself greatly by staying to recreate and solace himself a while at Corbeit making a sure reckoning that he had gotten a final and happie end of his wars because he had won that Town which is as it were the Key of all Victuals that pass by that River to Paris Thirty had he been so provident in executing all other Peers and Noblemen of the Duke of Guise his mind with the same Duke as they were which committed the Massacre of Paris he had quickly been ridd of his Enemies Fourthly had he presently after the same murder shewed himself in the field with those Companies that came unto him and had he not done all things by haifs as he did â—e had undoubtedly dismayed and terrified all the Towns adhering unto the Lâ—agueâ—s which were greatly discomfiâ—ed and amazed with the sudden accident of the Duke of Guise his death but after that he saw his Enemy dead he thought that he had no more Enemies in the World this confidence made him so careless that he suffered Orleancâ— to be lost which might have been saved by shewing himself only within convenient time in the Field and he gave the Duke of Maine leave to returne and fortifie himself and made small account to do any of those things which within a month after hee would gladly have done The Leaguers likewise committed their oversights of which if the King had taken advantage he might easily have subdued them For after that the Duke of Guise had driven the King from Paris many prognosticated that either the Duke would destroy the King or that the King would murther the Duke For there was no hope and less likelyhood that so foule an Indignitie offered unto a King both of great might and notable valor would bee put up at the Dukes hands without a revenge And after that day all that the Duke did was begun without providence continued without justice and in end had a bad â—nd For when he had mounted almost up to the top of his desiâ—es by force and violence he a thinking that the Nobilitie of France would be highly displeased with his audacious Insolency and insolent Attempt seeketh meanes to pacifie the King and to reenter into his good grace and favor This poor Prince blinded with ambition and bâ—soâ—ted with the love of a kingdom thought that a Prince being so injuriously dealt with all as the King was would by the goodness of his nature be reconcileâ— and he believed that he might easily find the meanes to perswade the Kâ—ng to resign his Crown or to induce the People to inforce him thereunto But the King was fully resolved to have his revenge hee assembled therâ—â—ore the Estates of France thinking to find sufficient credit and â—uâ—horitie in that Assembly to bring the Duke to his death by Sentence and Judgment And the Duke on the contrary side supposed that in that Assembly he should find friends enough to deprive the King of his Scepter But the King failed of his purpose and the Duke missed his marke and yet the King within a small while after effected his desire but committed other errors besides the above mentioned of which the Leaguâ—rs took present hold and advantage they thought that the Kings negligence and the hatred of the People conceâ—ved against him for the Dukes death gave them fit opportunity to deprive hâ—m of tâ—e Crown But withall they considered not how unwortâ—y thâ— best of them was to weare the same and how unable to keep it when it was upon his head Again when they saw that the Dukes death had rather fortified then weakened their partie they supposed that all was gotten that nothing remained to be conquered that they needed to take no more paines but to give themselves unto delights and to make partition amongst themselves of the kingdoms and when they came to deliberate who should be their King they could not agree amongst themselves upon any certain person whereas if they had presently resolved to make the Duke De Mayne it migh easily have been effecteâ— but the competitors were many and there began a debate and emulation betwixt the Duke and the Marquis Du pont his cosen the Duke of Aumale woâ—ld not give his head for the washing and the Dutchesses of Montpensieur and of Nemurs put in for their best friends the later for her Son of Nemurs which began to win credit amongst the people and the first for her brother who began to lose his reputation and the Duke De Mayne foolishly gave over the name and hope of being a King and accepâ—ed the Title of Lieutenant of the Crown besides whilst this contention was rife amongst the Nobles and whilest they busied themselves in framing a Process against the late King which Process endured some eight or nine Monthes the people perceiving how pleasant a thing it was to be subject unto no man and the chief cities being glad that they had cast off the yoak of a Monarchie would not endure any speaking of a new King but to free and emancipate themselves as well from the Authoritie of a Prince as of an high Couâ—t of Parliament by the imitation of Paris they establâ—shed in every City a Council of certain persons of mean and base qualitie into whose hands they puâ— all kind of Authority and they presumed to limit the Duke of Maynes Authoritie and to set certain controllers over them Tâ—is breedeth a dislike betwixt the Nobilitie and the Peopâ—e and especially the Officers of the Crown as the Officers of the Privie Seale of the Parliament of the Exchequers the Judges the Treasurers and all the Serviturâ—es of the Monarchie were highly displeased therewith and would not give place to nor go after the Magistrates that were câ—eâ—ted by the People Lastly the King of Spain their chief Patron and upholder dealeth but faintly with them and is not so readie to help them as they supposed he would be So they are enforced to threaten him that they would yeild to the King before they could obtain such help as they expected from him For although he sent the Duke of Parma and others to relieve
taken an oath to keep the Statutes of his Country without breaking the same or without departing from the true sense and literal meaning of them may violate them if the iniquity of the time will not give him leave and leasure to confer with his superiour or to ask his opinion or if there be manifest dangers like to follow of the delay which he shall use Besides if a Judge be commanded yea sworn not to do any thing against the Lâ—wes of God or nature or of his Country yet if he be urged by some great occâ—sion or if necessitie enforce him thereunto or if some notable danger scandall or inconvenience is like to follow of the strict observance of those Laweâ— he may lawfully violate them And shall a Judge have Authority to break Lawes and shal not an absolute Prince have the like liberty A Provost Marshal taking a Theif in the fact of committing a robberie may hang him up presently with out any forme of Judgement and shall not a King cause a notorious Traytor to be murthered without a solemn Sentence The Governor of a City taking an Homicide an Adulterer a ravâ—shâ—r of Women upon the Fact may chastise and punish them according to the Rigor of the Law wâ—thout any forme of Law and a King taking a Traytor beâ—ng abouâ— to deprive him of his life of his Crown apd Scepter shall he not do him to death without asking the opinion of his Judges without imploring the helpe of his Magistrates and without imparting his Treason unto his Counsellors or unto the Friends and Allies of the Traytors especially when as he may escape whilst these things shall be doing when bee is so strong so backed with friends so guarded with Souldiers that if he be not executed upon a suddain the respiâ—e and leisure which shall be given him shall gâ—ve him time and meanes not only to escape the punishment which he hath deserved but also to put in great hazard the life of his Prince and the weale of his Country to be short when either the Prince or the Traytor must die presently It is written of Iehu the Judge and King of Israell that he fearing the great multitude of Baals Priests and doubting that if he should put them to death by the way of Justice there would follow some great Inconvenience or scandal to himself he feigned that hee himself wouâ—d do sacrifice unto God Baal and by that pretence and colour he caused them all to come together and when they were all assembled hee willed them all to be murthered Who hath heard the Historie of Ladislaus king of Bohemia commendeth him not for his wisdome and discretion in dissembling the grief which he took to see the Earle of Cilia his faithfull and assured Friend and Vncle killed almost in his presence so â—uningly that he not only seemed not to be grieved with his death but also to think that he was lawfully killed because hee presumed to come Armed into the Court where all others were unarmed The Bohemians seeing how lovingly hee entertained Ladislaus Humiades the Author of this Murther how kindly he used his Mother how wisely hee suffered Ladislaus and his Brother Matthias to bring him into Beuda and how resolutely when he had him where hee was stronger then hee he commanded him to be done to death for the murther committed on his Vncles person took it for a manifest Argument that he would prove as indâ—ed hee did a very wise just and valiant Prince siâ—ce in his youth he was so subtile and so resolute and gave them so notable an Example and President of his Justice Who hath read the policy which Darius king of Persia used in revenging the injury of Oretes who was grown to be so mightie so proud and so well backed with friends that hee neither could nor durst do him to death by the ordinary Course of Justice and prayseth him not for inventing a way to induce 30 of his Gentlemen to undertake his death And who commendeth not the Magâ—animitie and resolution of Bageus who when it fell out to his lott to be the first of the 30 that had vowed to hazaâ—d their live foe their king went no less hastily then cuningly about his enterprise and within a very short while murthered Oretes who had beaâ—ded and braved his King many years Briefly who readeth and alloweth not the History of David who when a man câ—me to him from Saul his Camp and told him that he had kilâ—ed Saul commanded his Sâ—rvant to kill him presently and said unto him Thy blood bee upon thine owâ— head for thine own mouth hath spoken against thee And yet every man knoweth that Saul killed himself and that this poor simple man thought to have had a reward of David for bringing him the first news of Sauls death These premissâ—s therefore being duly considered it must follow that the late king had great reason aâ—d just cause to command the Duke of Guise to be killed But his friends say nay They have caused it to be imprinted that he was one of the Peers of France one of the greatest of that Realme one of the best beloved Subjects of Europe and one that was allied unto great Kings and Princes And that therefore the King causing him to be murthered as he was migâ—t well think and justly feare that in doing him to death he should highly offend his best friends and give just occasion unto as many as suffered any loss or detriment by his death to revenge the same As therefore Iulius Caesar winked at the Treason committed by Dunorix and called him not into question for the same for feare to offend his Brother Divitiacus who was an assured and faithful Friend unto the people of Rome and a man of great credit and Authority in his Country even so the King should have spared the Duke of Guise and not have used such câ—ueltie towards him as he did for feare to displease and discontent his dearest and best friends and as Henry the 4 King of England deprived the Dukes of Anmarle of Exceter and Surrey of the Lands and possessions which Richard the second gave them and yet spared their lives so the king had done well if he had taken away the lands and livings and not the life of the Duke of Guise Truly if hâ—s kingdom should have received no greater loss or dammage by the Duke of Guise his life then the commonwealth of Rome received by Dunorix the king should not have greatly done amiss to have suffered him to live But since that the Duke did alwaies aspire unto the Crown and since he desired sought and laboured by all meanes possible to usurpe the same the King played as his Mother said the right part of a King whâ—â—â— as he resolved and exâ—cuted his death with all convenient speed For the same Caesar which had pitâ—y and compassion on Dunorix because his life could not greatly hinder or cross his dâ—signes and purposes first banished
and afterwards secretly caused his near kinsman Lucius Caesar to be murthered because he had both the mind and the meanes to withstand and prevent his intentions and Henry the 4 should have had good occasion to repent him of the clemency and mercy which he shewed unto the before named Dukes if the Eâ—rle of Rutland had not been constrained by his own folly to reveale unto the King their Treason and Conspiracy against him for which afterwards they were worthily executed Pitty therefore is commendable and best beseeming the Majesty of a Prince when as the same may be used without any danger unto his person or his State or his kingdom but when as he seeth manifestly that never a Province never a City never an house of his kingdom can or will long continue in good estate in dutifull obedience in naturall affection towards him and his Crown unles he do somâ—â—imes use to play the King to revenge wrongs and to punish Treasons hee must needs change his naâ—ure make a verâ—ue oâ— necesâ—iâ—ie and accommodate himself unto their manners and their merits with whom he hath occasion to deale France nâ—vâ—r had any King that was more gentle kinde and curteous then that Lewis who for his Curtesie and Clemency was â—irnamed The Meek And yet the same Lewis as you have already heard forgot that name and the qualities and conditions incident thereunto when it was in question whether he or his Nephew Bernard should rule and Reigne For then knowing that a Prince cannot live in any good assurance of his Estate and kingdom so long as another pretendeth Right and Title thereunto and having wrongfully been kept from the possession thereof he pluckt out his Eyes kept him in perpetuall prison and in thâ— end caused his head to be cut from his shoulders Who can then blame the late Kâ—ng of France if he chose rather to rule then to be ruled to kill then to be killed to murder the Duke of Guise then to endanger his whole Estate and Kingdom The Prince that 〈◊〉 not an Iniury that is done unto his Commonaltie or to a private person is in danger somtimes to lose his life or his kingdom â—as were the Romans and Philip King of Macedania he because he punished not Aâ—tilas at the request of Pau sanias and they because they sent not the French men those which in the battaile betwixt them and the Citizens of Chynsie forgeting the dutie of Ambassadors were found in the foremâ—st ranke of their Enemies fighting against the French men And is it necessary that a King shall punish or revenge a wrong done unto his Country or unto â— private man and shall it not be lawfull for him to take vengeance of the wrongs and Indignities which are done unto himself May he command a Juâ—g to proceed Defacto without taking full knowledg of the cause and every circumstance of the Subjects cause and shall it not be lawfull for him to use the like power and authoritie in his owne case The least and meanest Judg may he not sometimes give judgment hearing no other proof but very violent presumptions and shâ—ll it not be lawfull for the King from whom he same Judg receiveth such power and authoritie to do the like We say and confess that Theâ—e is manifest when the Theif is taken in the Fact and shall it not be lawfull for a Prince to take that Treason for notorious which the Traytâ—r hath Committed If a man finde a stolle â— thing about a Theef he is in danger of death and if a man finde a Traytor armed and all things else in a readiness to performe and execute his treacherous Attempts shall he not be reputed a Traytor The Law sayeth that whatsoever a King doth it seemeth to be done with great reason If he commeâ—deth any thing every one is bound to beleeve that he hath good occasion to commend the same His Actions are manifest but his thoughts are hidden and secret it is our dutie to tolerate the one and not to murmur against the other nor to enquire or demand the Causes Motives and Reasons of his Commandements his pleasure must be unto us as a Law and his Will hath the full force and strength of reason and when the cause of that punishment which it pleaseth him to inflict is notorious and manifest his Commandment although it be done in hast and without great advisement yet it carryeth no less force and moment then doth a sentence that was dulie examined wisely perused diligently considered and solemnly pronounced Why then shall the death of the Duke of Guise be thought unlawfull since the King commanded the same not for hatred to the Duke but for securitie of himself for love of the weal publique not without 〈◊〉 Justice but according to Law and Equitie because a Princes pleasure is held for Law not without example but with approbation and imitation of many who having had the like occasion have used the like punishment briefly not to revenge his particular quarrels and Jnjuryes but to preserve his Right and his Crowne upon which the wealth the life and the wellfare of all his good and loyall Subjâ—cts do depend He was Allied unto many great Princes which are displeased with his death and will not leave it unrevenged But if these Princes were the Kings friends before the Dukes death they will not take the same in evill part and if they were his Enemies he needs not to care for them or to feare their displeasure more then the universal ruine and destruction of his Subjects He was one of the Peers of France But honor may not be a Priviledg unâ—o any man to emboldeâ— him to offend the Laws but the more honor a Subject receiveth from his King the more he is bound to love and fâ—are him But grant that the King did evill in causing him to be murtherâ—d shall the Subjects be grieved therewith shall they seek Revenge thereof shall they bear Arms therefore against their Prince and their Country May the son arme himself to kill and murther his Mother And is he not held for an ungracious and wicked child which will be revenged of his Father although he have done him great wroâ—g And is not a King the Father of his Subjects and is not every Country the Mother of the naturall Inhabitants thereof Or may they war against their Prince wihout seeking the lamentable overthrow Ruine and destruction of their Country Are all alterations dangerous in every well governed State and can that alteration be without danger which transferreth the Crowne from the right heire unto an Usurper from the lawfull King to an ambitious Subjâ—ct But it is onely said and no way proved that the Duke of Guise had any such intâ—nâ—ion as to deprive his Sovereigne and to crown himself it may be suspected but it is not notorious This must appeare more manifestly then it doth or else all that is said will be to no purpose To manifest this therefore
all their audacious Enterprises but they care not for the first set as little by the second contemned the third and excommunicated them all They rest not satisfied with these honours they proceed further and desire more commanding that no secular Prince shall take upon him to give any Spiritual Living any Ecclesiastical Dignity they excommunicate as well those that give such Livings as those which receive them at their hands having obtained this advantage they covet still more and think it not sufficient to be Priviledged themselves but all the Clergy must participate and taste of their honours All Priests and Ecclesiastical persons must be exempt from all charges subsidies and impositions no man must be so bold as to meddle with their Rents with their Revenues The Bishops and all the Clergy are bound to them for their Liberality In requital therefore of these great Priviledges and Immunities it behooveth them to purchase and get the favour and good liking of all secular Princes of some to get as much by them as they can possibly of others to have their help against their enemies and against those that will not yeeld and condiscend to all their demands and desires They deal herein so cunningly that they finde some so ready willing and desirous to help and succour them that they vouchsafe to imploy their Goods their Subjects yea their own lives to do them service All Histories are full of Wars of Battels of Victories begun fought and obtained at the instance at the request and in the behalf of the Popes I shall not need to name the Princes to record the Battels or to mention the victories Our Histories and the Histories of all other Nations remember them sufficiently Our forefathers declared them unto their Posterity and we may have heard of them of our Fathers of our Grandfathers But to give the more credit unto my speech and occasion unto the incredulous to beleeve me the better I will briefly discover unto you the means the cunning and the subtilty which they have used to attain unto their greatness and height and to the continuance and perpetuity of their Rule and Government There is nothing more profitable or expedient for him that will advance himself in credit reputation and authority then to know the deliberations and purposes of his Enemies And because it is very difficult and hard to attain unto this knowledge he deserveth gret praise commendation that can behave himself so cunningly so politickly as to learn all his secret adversaries intents and practices and it is not only necessary to understand his determinations but also it is convenient and fitting sometimes to foresee and prevent them yea it is needfull to be acquainted with his Actions and not onely with those which he intendeth to do presently and at home but also with them which he purposeth to do hereafter and far from home for by understanding and knowing these things a man may quickly either get all that he desireth or else so temporize and prolong matters until the time fall out fit and favourable for his purpose All Princes therefore to have a certain and sure knowledge of these things are accustomed to have their Ambassadors in the Courts of their Friends and Confederates who do not onely send them certain news of the intents and purposes of their Friends but also whatsoever else is done or said in their Courts or in their Councils But the Pope as he challengeth unto himself a Preheminence above all other Princes so he far excelleth them all in this kinde of providence For besides that he hath his Ambassadors in the Courts of divers Princes he hath also his Espies his Favorites and his sworn men There are many Bishops Abbots Priors and Cardinals which are Councellors unto Kings although they have sworn to do nothing in prejudice of the Holy Church to condiscend unto nothing that shall weaken or diminish the Popes authority to learn espy understand prove attempt foresee and practice all things that may any wayes befit or advance his Pontifical Dignity Moreover to make his way more ready and easie for his Ambassadors to understand all that may stand him in steed he purchaseth the favour and good opinion of Princes Favourites and such as are neerest about them by rewards promises bribes and corruptions Unto some he giveth a Cardinalship unto others his daughters or kinswomen in marriage and not to leave the Princes themselves uncorrupted he sufferth them sometimes to take the tenths of their Kingdoms to make their profit of his Croicadoes and to procure them to be the more ready to do him pleasure he feedeth them with fair words with sweet and sugered speeches he adorneth them with new titles with new honours and dignities that are more gorgeous in shew then in deed calling some of them Catholick Kings others most Christian Kings some Protectors of the Sea of Rome and others Defenders of the Faith and when he hath occasion to change or innovate any thing then he helpeth himself with a specious shew of a zeal of Religion with the report and remembrance of that authority which he challengeth to have received from God and with a vain flourish of that honour and reverence which some Princes being more zealous and devout then wise have shewed unto him endeavouring to perswade others by their examples to do the like But if it chance either by the iniquity of time or by their incredulity whom he seeketh to make his Friends that they will not give ear unto his perswasions he hath presently recourse unto the decrees and constitutions of his Predecessors he wresteth the Text of the holy Scripture to serve his purpose and forgetteth nothing that hath been either done or devised and decreed for his advantage He putteth them therefore in mind that Boniface the eighth made a Decree That as many as would be saved and have a part in the Kingdom of Heaven must of necessity be obedient in all cases and in all places unto the Pope Wherein he doth not onely resemble but make himself equal to and better then his Master Christ because he while he was upon the earth did not onely shew obedience but also taught his Apostles as I have formerly said to be obedient unto Inferior Magistrates and such as were in Authority And the Pope will be both honoured and obeyed of the greatest Princes and Monarchs of the World Yea if all the Princes of Europe if the sacred and general Councils of all the Nations of the World should make a Law or Ordinance the same shall be of no force strength or validity if he do not approve ratifie and confirm the same and if any Prince being more bold then the rest presumeth to say there have been many bad and evil Popes it shall be answered him presently that he ought not therefore to contemn or reject their pontifical Authority and that no man upon earth may be so bold as to examine or reprehend or censure the
sent presently Ambassadors unto Rome to pacifie the Pope by making his kingdom Tributary unto him and by promising to hold the same of him to take him for his Superior and to bee obedient unto all his commandements The good old man presently changeth his mind pacifieth his own wrath and of a deadly foe becometh the Kings great friend insomuch that he revoketh whatsoever was before decreed excommunicateth the King of France for robbing the Patrimony of the holy Church and commandeth the English Subjects to return presently unto the dutifull obedience which they owe unto their King Is there any Man so ignorant within this Realme that hath not oftentimes heard how many times the later Popes of Rome have sent not only secular Men but Seminary Priests into England to murther our gracious Soveraign There are some Widowes and Orphans within this Kingdom who lament even at this day the death of their husbands and of their Parents which have lost their lives because they would have deprived our mercifull Queen of her life at the Popes instance and instigation It were to be wished that poor France had not lately felt the great miseries which follow after the Popes heavie indignation It should not have lost within the space of 15 years 14 hundred thousâ—nd men not Strangers but naturall French men it should not have lost in so small a time above 142950. French Gentlemen it should not have lost in so unhapy a time their late King the first King that ever was murthered by his owne Subjects in France it should not complaine that the Father had killed the son the child hâ—s parent the brother the seed of his mothers Wombe and the kinsman the next of his owne kin briefly it should not be pestred and plagued with such unnatural Subjects as delight in the slaughter of their owne Country men as comment and approve of the wicked horrible and most odious and detestable Murther of their owne Leige Lord and Soverraigne Now seeing that either the Approbation of murther as in the Emperor Phocas or the Allowance of unlawfull usurpations as in Charles the great or the Toleration of wicked Rebellions as in Henry the son against the Emperor Henry the Father or the maintenance of wrong Titles as in King Pipin of France or the practise of subtile and devillish devices as in the before mentioned Popes hath caused the Advancement of Popes It must needs follow that they have not lawfully attained unto the Authoritie which they now challenge But to omit all that might here be conveniently spoken against the Succession of Popes against their Authoritie their Pride their abuses and the Iniuries offered unto all Nations that either voluntarily or forcibly have lived under their obedience To leave to tell you how many Catholick Princes they have excommunicated as Hereticks how many Seditions Tumults and Wars have been raised in the world by them and in the defence of their causes To leave to declare unro you how â—thany religious Princes and Kings have nothing esteemed their excommunications how many had good occasion to commend and bless them briefly to avoide that prolixitie which could not be avoided if I should enter into this discourse I will onely signifie unto you the great Wrongs losses and Indignities which our Realme alone hath received by receiving the Pope and his Authoritie for of a brief declaration hereof will follow this great benefit that when it shall appeare as it may appeare unto as many as will vouchsafe to reade the before named Marsilius Pativius that their Authoritie is usurped and that by receiving and acknowledging the same our Realm fele many inconveniences and many Miseries from which it is now freed no man should think her Majestie to be Lawfully excommunicated whome the Pope hath anathematized for not reverening him and his Authoritie whom her Predeâ—effors long since rejected There was a time when as our Kings blinded with the same zeale and affection which now possessâ—th the hearts of those Princes which are wholie devoted unto the Popes holiness honored him as those Princes now do then there was no Realme comparable to ours neither for number nor for beautie of religious houses There was no Country that yeilded greater Obedience unto the Sea of Rome no people that was more readie to receive and entertaine the Popes Legats to honor and reverence them and to fulfill and accomplish whatsoever they required at our hands This great zeale and obedience of ours whereas it should have purchased us especiall favors for he that loveth most ought to be required with most love procured us in time great hatred for no Nation had the like injuries offered unto them as were proffered unto us Whence this hatred proceeded I shall not need to relate our Hâ—storiâ—s ease me of that labour and paine and the manifold Abuses which are suffered will manifestly prove the same There is nothing that derogateth more from the Majesty of a King then to be ruled by Forrein Laws nor any thing that grieveth or offendeth Subjects so much as to be drawen from home into remote and far distint places to prosecute their Right and Suits in Law The first is odious because it disgraceth the Country whose Prince endureth that Jndignitie and the last is grievous because it is both troublesome and chargeable In the time of our Superstitions and foolish zeale unto the Sea of Rome Thomas Archbishop of Cant. was slaine in his Cathedrall Church by William Tracey Reynold Ursin Hugh Marvell and Richard Britton who thinking it noâ— convenient that a proud Prelate should prefer the Popes Commandment before our Kings Authoritie and being grievously offended with the great Indignities that were offered unto our King and his kingdom for his superstitious and contentious Bishops sake came out of Normandie of purpose to end by his death those troubles and vexations from which they thought that our Realme could not be freed so long as he lived The King whenâ—this Murther was committed in England was in Normandy where hearing the News thereof he greatly lamented his death Clothed himself in Sack-Cloth confessed himself unto Almighty God and protested before his divine Majestie that he neither was guilâ—ie or privie to the Archbishops death unless he might be held for guilâ—ie which had just occasion not to love him over well besides Henry the second for he was then King having for this Bishops sake tasted somewhat of the bitter fruits of the Popes Indignation and fearing that when his death should be known at Rome he should incurr his further displeasure sent presently certain Ambassadors unto Rome to excuse him and to signifie his Innocency unto the Pope but his Holiness would not admit them unto his sight untill that certaine of his Cardinals told him that they had express commission from their King to signifie unto his Holiness that he would stand to the Popes and his Cardinals Iudgment and undergo what Penance soever it should please him and them to
partakers of it foolish in a King and Capital in a Subject Eumenes was King but of a poore Castle and yet he would not accknowledge mightie Antigonus for his Superior Pompey was a Subject and yet he could not endure any one man to bee above him Caesar a Citizen of Rome and yet he could not brooke an equall And the late Prince of Orange a Prince of no great Power or Wealth and yet he held himself for as absolute a Prince as the mightie Monarch of Spain This again is proved by a notable example of the Emperor Charles the 4. who coming into France in the time of Charles the 5. King of France to end all debates and quarrells betwixt him and our King was mett upon the way by the French King which is a ceremony observed by them who acknowledge themselves to bee inferior unto him whom they meet but the Emperor as soon as they were mett would have yeilded the highest place unto the King and accepted it not without great ceremony and it was written that it was given him but of Curtesie a Curtesie usuall among Princes aswell as amongst private men for as private men in their own houses and at their own Tables will of Curteâ—ie sett meaner men then they are before themselves so Princes when strange Kings come into their country will preferr them before themselves It is ceâ—tain that the Emperor precedeth of right all the Princes of Christendom And yet when Francis the first King of France was brought from Pavia where he was taken Prisoner into Spain at their fiâ—st meeting the Emprror and he embraced one another on horseback with their Capps in their hands and in covering their heads there passâ—d great ceremony betwixt them each of them striving to bee the last that should bee covered and after that they had talked a while they both covered their heads at one very selfesame time And after that there was a new strife betwixt them for the right hand This again is proved by the Emperor Sigismond who when hee would have made the Earle of Savoy as you have heard upon an other occasion Duke at Lyons hee was commanded by the Kings Attorney not to attempt any such thing in France aswell because it was thought that being in an other Kings Country he lost his Authority and Power to create a Duke as for that it seemed unto the French King that he was not to suffer him to use any Royall Authority within his dominions The Queen of Scotts therefore when shee was in England was inferior unto the Queens Majesty and this inferioritie is proved by three other principal Reasons The one because there is an inequalitie betwixt Kings one of them being better then an other The other because she was her Majesties Vassall and the third because she was deposed and so no longer a Queen First for the inequality it is certain that the Kings of Spain and of France be both resolute Princes and yet France challengeth precedency before Spain for five principal causes The first because the consent and opinion of the learned is for France and not for Spain The second because the French Kings have a long time had the honor to be Emperors and not the Kings of Spain The third because the French Kings have been called most Christian Kings these many hundred yeares and Ferdinando the fift was the first and that but lately that was called the Catholick King of Spain The fourth because at the Feast of St. George in England France even in Queen Maries time was preferred before Spain The fift because the house of France is more ancient then that of Spain which raigned long before the Castle of Hapsburg was builded The sixt and last because the book of ceremonies which is kept at Rome preferreth France before Spain Next to France is England as appeareth by the same book which putteth England in the second place and Spain in the third Again those Kings are best which are Crowned and by the same book it is evident that France England and Spain only have Crowned Kings Next it seemeth that the meaner sort of Kings also strive for Precedency and one of them will be accompted better then another For it is written that Matthew King of Hungary thinking himself better then Ladislaus King of Bohemia when they met once together Matthew went bare-headed and tyed about the head with a green Garland because hee would not put off his Capp unto the Bohemian but have him put off his unto him which the King of Bohemia perceiving deceived his expectation by tying his own Capp so fast unto his head that when they met hee could not put it off and so the Hungarian being bare-headed saluted the Bohemian that was covered But to leave these Inequalities and to come unto the second point which being proved it must needs follow that the Scottish Queen was farr inferior unto our Queen uâ—â—o whom shee owed honor homage and obedience Many of our Kings have challenged the Soveraignity over Scotland but none prosecuted the same more eagerly then Edward the first who because hee would be sure that his right thereunto was good caused all the Monasteriâ—s of England and Wales to bee searched to see what evidences or bookes he could finde in them to prove his Title The King found in the Chronicles of Mariamis Scotus of William of Malmesburg of Roger of Hoveden of Henry of Huntingdâ—n and of Radolph of â—ucet that King Edward his Predecessor in the yeare of our Lord nine hundred and ten subdued the Kings of Scotland and Câ—mberland and that the Subjects of both these kingdoms in the nine hundred and eleventh year chose the said Edward for their Soveraign Lord. He found further that Adeslaus King of England subdued in the yeare nine hundred twenty six Scotland and Northumberland and that the People of both Countries submitting themselves unto him swore unto him both fidelity and homage Hee found again that King Edgar overcame Rinad the son of Alphinus King of Scots and that by that victory he became King of Four kingdoms namely of England Scotland Denmarke and Norway He found also that St. Edward gave the kingdom of Scotland to bee held under him unto Malcolm son unto the King of Cumberland and that William the Conqueror in the sixt year of his raigne conquered the said Malcolm and took an oath of homage and fidelity of him The like did William Rufus unto the same Malcolm and unto his two Sons who raigned one after another Besides it appeareth unto the said Edward that Alexander King of Scotland succâ—eded his brother Edgar in his kingdome with the consent of Henry the first King of England that David King of Scots did homage unto King Stephen and William unto King Henry the second unto Henry the third unto King Richard and unto King Iohn It appeared again by the Chronicles of St. Albans that Alexander King of Scots in the thirty year of King Henries
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
for considering we finde many Texts in the Holy Scripture whereby we are commanded to obey Princes to be subject unto them to honour them to pray for them since they are called Fathers and we Children they Shepherds and we their Flocks they Heads and we their Feet it is an hard Resolution and in my opinion an heavy sentence that Children should disobey their Parents a Flock to Rebel against their Shepherd or the Feet to presume to command and direct the Head This question notwithstanding that it is dangerous and difficult is largly discussed by George Buchanan in his Book de Iure Regni apud Scotes and also by him who was ashamed to put his name unto the Book that was lately written against the French king In these two authors you shall finde every point of this third Objection sufficiently debated You shall finde the Text alledged out of St. Paul in the behalf of Princes and other places of the Scripture learnedly answered You shall finde many examples of profane and Ecclesiastical Histories of Princes that have been done to death Briefly you shall finde more to move others perhaps then there is to move me to subscribe to their opinion For Buchanan argueth in such manner as I may rather commend his subtilty then his conscience And he that writeth against the French king sheweth himself too partial too malicious too injurious to Princes And Buchanan giveth too great Authority unto Subjects and the other too much power unto the Pope It cannot be denied that Princes received their first Authority from the consent of the people It is likewise certain that this Authority was given them to be used to the benefit of the people And no man will deny that Countries can subsist and stand without kings But shall every man that receiveth a benefit of another be alwayes subject unto him that once pleasured him Shall either a rude multitude or a few contentious Rebels judge when a King useth his Authority to the benefit of the people And because Countries have flourished and may still flourish without a king shall therefore every Country reject their king when they dislike their king It â—eemeth that Buchanan is of this opinion because he approveth the death of king Iames the third and alloweth the approbation that was made thereof by some of the people and Nobility of Scotland who were the principal Actors in the Rebellion against the same king and the chief Authors of his death The causes which moved those Rebels to bear Arms against their King were but two The one that he had made certain base money and called it not in again at their pleasure The other that he had advanced certain base Personages unto high places of great credit and dignity if these two faults might be amended the Rebels offered to submit themselves to their King The King yeelded not unto these motions Why The History giveth a good reason for the King They made these demands being in Arms. It seemeth that they would not entreat but inforce their King and the King thought it convenient to chastise their insolency and boldness who presumed to War against him at home when he and his Kingdom stood in manifest danger of foreign Enemies There was amongst them namely the Duke of Albania who affected the kingdom who to further his Traiterous purposes had joyned with the King of England against his native Country and animated his lewd confederates to continue in their obstinate and unlawful demands They considered not that extream necessity and want compelled their King to use that money and when they had taken these base persons from the King for which they seemed to rebel and had hanged them contrary to all Law and Equity they laid not down their Weapons but followed the poor King and so followed him that at length they flew him And why My Author giveth this reason Because they knew that they had so highly offended him that they feared that if they should have spared him as some better minded then the rest purposed to have done he would have been revenged of them This murther the States of Scotland saith Buchanan allowed and ordained that no man should be called in question or troubled for the same But what States are these Those saith my Author that had born Arms against him and for whose sake he was murthered And they had good cause to decree that no man should be accused of his death But what will some man of Buchanans opinion say unto me Shall Princes do what they list and no man censure them Are they not subject unto the Laws May they not be called to an accompt Shall the people from whence they derive their Authority have no manner of authority over them And hath it not been always held very dangerous in a State to have any man so mighty that no man may or dare controle him Truly I allow not that liberty unto Princes that their pleasure shall stand always for a Law I limit their Wills unto Reason I tie their commandments unto the Word of God I fasten their Decrees unto the Laws of Nature unto Equity and unto the Weal of the people And if these things be not regarded I take their Laws to be unlawful their Commandmenâ—s unjust their Decrees â—â—ique I know that good Princes are so far from nor subjecting themselves unto their Laws that they suffer themselves and their causes to be tried daily by their Laws And if any of them by negligence or wilfulness by folly or ignorance by malice or forgetfulness begin to contemn their Laws I think it convenient that they should be modestly rebuked but not utterly rejected be in a mannerly sort checked but not violently condemned be gently admonished but not straight ways furiously and turbulently punished Is there no way but down with them depose them kill them Must we cry against the Lords annointed with the Jews as they did against Christ Crucifige Crucifige and not rather learn by the Jews that the common people is no competent Judge to determine matters of great weight and consequence I am not such a stranger in the course of Histories but that I know that some Princes have been deposed for their insufficiency as in France Theodorick and Chilperick others for their negligence as again in France Lewis sirnamed Do nothing some for poysoning the next Heir of the Crown as Martina Empress of Constantinople others for perjury and not keeping promise with their Enemies as Iustinian the Son of Constantine the Fourth some for not tendring the Weal and publick Welfare of their Subjects as Richard King of England others for murthering them which reprehended their vices as Boleslaus King of Polonia some for usurping things not belonging unto their Crown as Sumberlanus King of Bohemia others for their extream rigor and cruelty as Sigismond King of Hungary some for their childrens Adultery as Tarquine King of Rome others for Tyranny as Archilaus Son to Herod some for unreasonable
slander her unto her Subjects and unto other Princes although he did not beat her Ambassadors as Martinus and Manlius did the Carthaginian Ambassadors yet he did both vilifie and discredit her Ambassadors abroad spared not to speak evil of her best and wisest Councellors at home although he was not an Ambassador of a professed enemy to the Sea of Rome as was the French Ambassador residing in England in Henryâ—he â—he Eighth his time yet he was an Ambassador of a professed enemy unto her Highness because he was his Ambassador who was in league with the Sea of Rome Briefly although he denied not to deliver Traitors unto hâ—r Majesty as the French Ambassador did at Venice yet he not onely received but procured her many Traitors and both counselled and encouraged them to commit sundry Treasons against her Majesty The premises being therefore duly considered why might not her Majesty imitate Charls the Fifth who hardly admitted the French King Lerold to his presence because his Master was his professed Enemy Why might not her Grace command the Spanish Ambassador to depart out of her Realm since he had lived many years in England not as a Mediator but as a Perturber of a peace not as a friend to her Estate but as a debaucher and corrupter of her loyal Subjects not as one that desired her welfare but endeavoured to procure her overthrow Why might not her Highness send him away in peace who as long as he lived in her Realms would continually have interrupted her peace Might the King of France arreign and condemn a Bishop for practising Treason against his person might he commit him to prison and after his deliverance profess open enmity against the Pope his Master against the Pope that had or at lestwise challengeth some authority over him and might not her Majesty do the like unto a Spanish Gentleman a meer Lay-man not so priviledged as a Prelate not so favoured in Law as a Bishop briefly not so worthy of favour or compassion as was a Popes Legate a Legate either equal or as the days were then and are in some places yet not inferior to a Prince It was Mendoza that misled the Scottish Queen it was he that drew Francis Throgmorton into dangerous Treasons it was he that had secret Intelligence with Babington and his Complices it was he that encouraged Morgan and Paget abroad it was he that studied night and day to procure us Enemies at home Briefly it was he that spared no labour no money no expences whereby he might either openly or secretly endanger our State He lived not many months but years in England without bringing so much as a Letter from his Majesty unto her Majesty without performing any Function belonging to an Ambassador And how lived he Not in Court but in the City not in open view of the World but in secret corners not as an Ambassador but as a Spy And when was he dismissed Not so soon as he was found to have committed one action of hostility but after that he was admonished not once but many times to leave off his Treachery not when he was suspected but after that many Traytors had confessed that he was not only privy but principal unto their Treasons Breifly how was he dismissed Not with a crimination and threatning as was the French Herald but with faâ—r words and a kindly farewel not with a Troop of Soldiers to conduct him to Sea side but with a company of Gentlemen to associate him to the place where he took shipping not to pass with danger through the Country that hated him for his Treasons but to be conveyed without danger unto the Country that loved him for his Treachery intended against her Majesty To be short not slightly sent away in disgrace but then commanded to depart when as his Master would not vouchsafe audience unto a wise and discreet Gentleman sent by her Majesty unto him to signifie his demeanor and his carriage Well he is gone out of England and whether Into France And to what place in France To Paris And what to do there To persevere in his malice against England to confer with the English Traytors personally with whom he talked before by Letters to confirm the Guisards in their Treasons to dispose the French Leaguers to favour and further his Majesty against us and our friends Briefly so to behave himself that without him neither whole France nor rebellious and obstinate Paris had held out so long as it did against the late and present French king for the people of Paris are as a Spanish writer reporteth of them proud rich and rebellious which humor this Ambassador nourisheth in them and when they were most hardly besieged there were five things as the same Author writeth that made them hold out First The valour and courage of the Duke of Nemours Governour of the Town Secondly the presence of the Popes Legate Thirdly the Alms and Liberality of this Embassador Fourthly the perswasions of the Preachers Fifthly the news that were daily sent to the Town by the Duke of Mayne and published by Mendoza and other Princes Thus it appeareth that he was a notable Instrument of Rebellion and a fit man to be imployed in factious services For as God hath deprived him of his sight and made him blinde so he intended to deprive others of their senses and to blinde their fight and judgement to the end they might not be abe to see and discern the hidden projects of his conspiracies But of him enough Now again unto the Queen of Scots It appeareth that being culpable she might be arraigned and being found guilty she might be condemned But the manner of her arraignment and of her condemnation seemeth very strange unto as many as hear of it and â—is repugnant unto the Laws and Customs of England observed in the Trial of meaner Subjects It seemeth strange that her Majesty should be a judge in her own cause in a matter of Treason and especially against a Princess And of this strangeness many of the Scotish Queens Favourites take such hold as they hold it for a matter without Example without any former Presidents But if it might please these her Favorers to consider that although it be a certain rule in Law that no man shall be a Judge in his own cause yet the Preheminence Excellency and Prerogative of Kings and Princes is and hath alwayes been such that they may Judge and determine in any causes that concern themselves For Tiberiâ—s Caesar sate Judge in his own cause in dividing certain Inheritances with him was substituted one Parthenius Caesars servant Marcus Antonius the Emperor judged that the goods of Valerius Nepos were lawfully devolved and as it were confiscated unto the Exchequer And Quiltilian testifieth that he pleaded a cause for Queen Berenne whereon she her self sat as principal Judge What Scholar hath not read the Orations of M. Tullius Cicero made in defence of Quintus Ligarius of Deiotarius of Marcus
to harbour their Ships their Ships that needed both harbour and reparations Was there any friend either within the Country or nigh unto the Country would bestow a little fresh water upon them for lack whereof many of their people died Was there ever a Priâ—ce or Potentate that would suffer them to repair either broken wind-shaken or Sea beaten Ships within his Dominion Brieflâ— was there any man that would furnâ—sh them with Masts Saâ—ls Cables and other things nâ—cessary for want whereof most of their Navy perished I will tell you a thing which may be strange to others but no news to you and yet worthy to be told because it is meet that it should be known unto all men When the report was certain in England that the Spanish Fleet and Forces were at hand instead of lamentatâ—ons weepings out-cries which things in time of sudden accidents are common and even used amongst valiant people the Queens Majesties ears were filled with Prayers Petitions and Motions sometimes of one Shire sometimes of another most humbly beseeching her Highness to give the Spaniards liberty to land with their Forces and them leave to encounter with them alone I my self do marvel and I think as many as shall hear it will marvel thereat that in men of one and the same Religion there should be divers opinions and different Judgements in matters concerning the advancement of their Religion Yet I know and you shall understand that the English Catholicks which are out of England and those that live within the same Realm were not all of one opinion of one minde when the Spaniards were coming for England for the one sort wished them all manner of happiness and prosperity and the other prayed to God not to prosper their journey much less their Attempt and besought the Queens Majesty to place them in the foremost Range and Ranck against the Spaniards and where they might endanger themselves most and do her Highness most service not because they were weary of their lives but for that they thought it most honorable to die in the defence of their Country and that God would never forsake them in so just a cause This may serve to shew that the Spaniards had and may have very small hope to finde any manner of aid within England And yet to clear this point the better may it please you to remember that when the report of the Spaniards coming began to be certain all those which we call Papists and our Adversaries term Catholicks at least the better sort of them were conveyed to several houses far distant the one from the other and there kept not like Prisoners but like Gentlemen of their calling and all the Nobility was commanded to repair to the Court of which commandment their followed two commodities The one That the Catholicks being under safe custody there was no man of account to sollicite the Subjects to Rebellion the other that if any small or great number had been disposed to rebell there was not any man of worth to be their Head And it hath seldom been seen that Rebels ever durst adventure to shew their evil inclination or adventuring had at any time good success without having some man of special accompt and authority for their head But Ireland and Scotland may be thought to favour the Spanish King and undoubtedly he hath been made beleeve that in either of those Realms he shall finde faithful friends and such as will adventure their lives to do him service Truly Ireland hath been a long time subject to the Crown of England but always divided into two Factions the one of civil and discreet people the other of wilde and savage men the first sort true and faithful Subjects unto their Soveraign and the other prone and ready to spurn against their Superiors but not able to do any great hurt no more then the Banditti of Italy which may rob a house spoil a little Village and set fire on a Castle and run away by the light when they have done and yet to be sure that no great annoyance should come from Ireland to England the best part of the Nobility of the Country was likewise called to the Court the strongest Holds were committed to the custody of faithful keepers and to hold them in better obedience there was sent over such a Lord Deputy as was well acquainted with their Customs practised in the Country and very well beloved of the people As for Scotland although the Kings thereof have always been for these many hundred years in firm league and amity with the Kings of France and of late years have had some occasion of extraordinary great love and friendship with the house of Guise the House that hath been as you have heard the onely upholder and maintaâ—ner of the Spanish Fact on in France yet because the present King of Scotland hath been nourished up from his infancy in the same Religion which the Queen of England professeth and for that he is bound unto her Highness for divers favors and courtesies shewed unto him in the time of his distress and necessity he is very well affected unto the State of England and desireth nothing more then the welfare of that Country the health and safety of the Queens Majesty and the reign and overthrow of all her Enemies which desire he signified unto her Majesty at such time as she thought she stood in need of his help offering to come in person to aid her Grace against the Spainards wiâ—h the greatest power he was able to make The Venetians brag of the strength of their City because it is distant five miles from any land and defended by a little natural Bank from the violence of the Sea How may England therefore boast of her strength since she is severed above thirty miles at the least from any other Nation not by a little Bank but by a great Sea especially if â—reland and Scotland be under her subjection and in League with her and also if the Maritine forces of the United Provinces be always ready to joyn with her against all her enemies It is not the happy success of one Battel nor the mighty or innumâ—rable forces of one Aâ—my that must or 〈◊〉 subdue England but he that will undertake to conquer our Realm must first overthrow our invincible Navy and then encounter with our strengths by Land and not obtain one onely but many Victories against them a matter in my simple conceit almost impossible especially for the King of Spain For besides that Fortune is seldom or never so constant or prodigal of her favours that she vouchsafeth unto any man any long continuance of desired happiness this impossibility will easily appear unto him that shall call to remembrance what hath been already said touching the Forces of England and Spain But the Romans first then the Danes next VVilliam the Conqueror Lastly Divers English Princes pretending right unto the Crown of England have with very small difficulty and with
to prevail in England cannot countervail the great distrust and fear which they have to lose their own possessions and Country whilst they busie themselves in seeking after strange and difficult conquests And if to leave nothing unsaid that may be said to encourage them some men will use unto them all the same perswasions which our Fugitives used to induce the Spanish King to undertake the Conquest of our Land that man whatsoever he be may well and sufficiently be answered with the same Arguments which I used long since to confute their Reasons With these and the like Reasons uttered by grave men unto the Common people who hearken willingly unto any thing for their own quiet and security and used in convenient time and place of which wise men in their wisdom and gravity can take their best advantage the most discreet and wisest Subjects of Italy may quickly be perswaded not to further the Spaniard in his unlawfull and ambitious attempts and purposes and the Princes themselves who willingly enter into no action whereof some great commodity is not likely to follow will easily hearken unto any man of credit and experience that shall review their memories and reduce unto their minde the means that their Predecessors have used to free themselves from Forreign Servitude and bondage a commodity far exceeding all the commodities that heart can imagine or tongue express It may therefore be shewed unto them in general that Maximilian the Emperor and the Spanish Kings great Grandfather for it were tedious to talk of his former Predecessors and of the wrongs that they did unto Italy entered oftentimes into League and Amity with barbarous Nations against the Princes of Italy brought them into their Country besieged their Cities cast down their Walls ransacked their Houses changed their mirth into sorrow and never lest to trouble and molest them until that his strength and not his good will to annoy them failed him Charles the fifth his Father for his Grand-father Philip died in the prime of his years and therefore could not greatly trouble them because he wanted the means doth the like and many of the Italian Princes most loving Subjects die some by the sword others by famine some through grief and others by infinite labour and travel neither permitting them that resisted him to live one hour in rest and quietness nor suffering those that yeelded unto him to enjoy any long peace and tranquillity but reduced both the one and the other sort unto extream beggery by grievous impositions and long and tedious wars He himself wheresoever he ruleth in Italy and he ruleth there too much imposeâ—h new Tributes unaccustomed Subsidies and extraordinary impositions and where he hath no Authority to rule there he borroweth money and payeth his Debts with fair words and sweet promises and when he useth them best with Bonds and Obligations which shall be paid when every brother payeth another When this is said and they moved with the grievous remembrance and lamentable rehearsal hereof it may be they would be glad to remedy and revenge these wrongs but they dare not adventure to contend with him they will fear him because he is wealthy stand in aw of him because he is mighty and strive amongst themselves who shall first begin to trouble him because they distrust one another His might and his wealth have already been shown sufficiently and proved to be far inferiour unto the general conceit and opinion that is had of them and their distrust may be removed by a general League and perfect imitation of their Predecessors It must therefore first be remembred that Nicholas the third Pope of Rome fearing the great wealth of France under Philip the son of Lewis sirnamed The Godly used all means possible to abate and diminish the French Kings power and reputation And the state of this present time must be conferred with the condition of that Age to the end that if the like causes of fear be now apparent the like remedies may be applied Then was France to be feared because there was no Civil War in France Now Spain must be suspected because Spain is quiet and at peace within it self all the Lords and Peers of France were then obedient unto their king and are they not so in Spain The French king was then in League with England and Germany and is not the Spaniard allied unto many For eign Princes The king of Navar a Vassal of France ruled all things then in Spain because he was Tutor unto the young king and doth not Spain now sway and rule a great part of France by reason of the League betwixt him and the unnatural Rebâ—s thereof Siciy was then subject unto Charles the French kings Uncle and now both Sicily and Naples are under the Spaniard The same Charles was of great authority in Rome he was Lieutenant General unto the Empire and under that Title either commanded by force or prevailed by authority through all Italy And hath not the Spaniard as great authority there at this present as he had then The face and countenance of both times are alike the Remedies therefore should be such now as they were then Then the Pope weakened the credit and authority that Charles had in Rome the Pope must do like to the Spaniard now Then was the Title of Lieutenant General taken from Charles Now should all helping Titles be likewise taken from Spain Then was the Pope determined to make two kings in Italy the one in Lombardy and the other in Tuskany and both of the House of Ursim of which he was the chief and principal branch And if the like device were now practised undoubtedly the Great Duke of Florence and some other Potentates of Italy upon whom the most should agree would accept the Title of kings and be able both for their wealth and their might to maintain the same with credit and reputation Then was Phaleologo Emperor of Constantinople incensed and encouraged to war upon the Sicilian king now there would want no sufficient reasons to move the French king to do the like against the Spaniard Then upon suddain were all the Frenchmen either slain in Sicily or driven thence and now might all the Spaniards be either murthered which were somewhat too bloody and cruel an action or removed by main force from Naples and Sicily which would be a general benefit and comfort unto all Italy But Italy of it self is not able to do all this what then shall it avail to intend and purpose this Italy must then be strengthened and holpen lest it faâ—l in doing this But how shall Italy be assisted Forsooth by an imitation of the Princes which lived in Charles the fifth his time and envied his greatness Forsooth when they saw that he had by subtilty and corruption obtained the Empire and that what with the vigour of his youth what with the reputation of his might and strength he was so puffed up with pride that he intended to make
himself Monarch of all the world all the Princes of Christendom fearing his over growing greatness began to consult and take advice how they might bridle his ambition and hinder the proud and insolent projects of his aspiring and imperious minde But the Princes of Germany who had greatest occasion to fear him most were the fiâ—st that bended all their thoughts and all their cogitations to move the rest of the Princes and Potentates of Europe to joyn with them in League and Amity against him Then were there sent Ambassadors unto the King of England France and Denmark Then were there Letters written unto the Swiâ—zers Then were Letters dispatched to the Duke and Seigniory of Venice to desire help against the Emperor and to distract the Venetians from the League of Amity which they had with him and to intreat both the Venetians and the Switzers not to suffer any Forces to pass by their Dominions which should be sent out of Italy unto Caesar. Then did as many Princes as were not in League with the Emperor shew themselves forward in this honourable Action and those who for their Leagues sake could not openly assist the Confederates against Caesar exhorted others to joyn with them against him and to make them more able and willing to enter into the action they lent or paid them great sums of mony which they owed unto them Then since it behoveth Princes in wisdom and policy to keep their next neighbours as weak as they may since the Spaniard before the king of France changed his Religion pretended to war against him for no other causeâ— but to inforce him thereunto and now continueth his Wars and aiâ—ing his Rebels although the French king is of himself become a Catholick which proveth manifestly that it was not Religion but ambition that moved him to aid and assist those Rebels since it is apparent to the World that he onely disturbeth as I have said the peace and quietness of all the world and causeth the Turk to insult as he doth upon Christian Princes since both Othon the Third and Conrad the Emperors Laws injoyn all Princes as it hath been shewed upon other occasion to bend their Forces and to bandy themselves with main might against such a Prince and such a disturber of common peace as the Spaniard is I see no reason why the Princes of Christendom as well Friends as Foes unto him should not all joyntly and with one consent inforce him to contain himself within his bounds and limits and to succour and assist him against the common Adversary of Christian Religion who of late hath given the Christians no small overthrow The Popes of Rome were wont when Christendom stood in no greater danger of the Turk then it doth at this present to send their Ambassadors from Prince to Prince to reconcile them if they were at variance and to exhort them to imploy the uttermost of their powers against the professed Enemy of Christendom It is written that Paulus Tertius a Poâ—e that was ninety years old when he departed this world not long before he diâ—d considering the great danger and peril that was likely to fall upon Christendom by reason of the pride and ambition of the great Turk and the unnatural discord and dissention that was betwixt â—rancis the first and Charles the fifth sent his own Nephew the Cardinal Fernese unto them to make a friendly composition and agreement betwixt them The like Atonement might the present Pope make betwixt the French king and the Spaniard who hath now no other pretence to fight against France but that the king thereof although he is become a Catholick yet he remains Excommunicate a pretence both vain and frivolous because the kings of France and the Peer thereof and also all his Officers cannot be lawfully excommunicated by the Pope as it may appear by the priviledges granted unto divers kings of France by many Popes as namely by Martin the third and fourth Gregory the eighth ninth tenâ—h and eleventh Alexander the fourth Clement the fourth and fifth Nicholas the third Urban the fifth and Boniface the twelfth The which Priviledges are to be seen in the Treasury where the kings Charters are usually kept And when the Pope shall interpose his Authority many other Princes shall likewise labour to make them friends as of late years the King of Denmark was a Mediator of peace betwixt him and our gracious Sovereign And if when this motion shall be made unto him he will neither regard the Authority of the Intercessors nor respect the manifest eminent danger of Christendom but still continue and follow his ambitious nature and unchristian course then will it be a sit and convenient time to implore and imploy the aid and assistance of his near and dearest friends against him then because â—insmen forsake even the next of their own blood when they will not yeeld unto reason and friends many times fall unto variance when they are put in mind of old quarrels and antient injuries it will not be amiss to revive the memory of old and new wrongs and indignities offered by the house of Austria unto their Neighbors their Allies their Kinsmen their Friends and other Princes that now either fear or favour them Then would it be shewed that all the Emperors and Princes of that Family have neither regarded consanguinity of blood or alliance of Friendship nor the wealth of their Subjects nor the bonds of Equity and Reason but have always preferred their private gain before the Commonweal their own interest before their â—â—insmens and Friends commodity and advantage their own will and pleasure before all Law and Justice briefly their subtil devices and deceits before plain dealing and sincerity Then to begin with the infancy of their Family it would be made known that when they were but poor Counts of Hapsparge they encroâ—ched upon their Neighbours they wronged and oppressed the simple and well-meaning Switzers over whom they tyrannized so long that at length by common consent and by a general Revolt against them both they and their Officers were violently driven out of the Country Then would it be declared that Rodulph the first Emperor of their House obtained the Empire by plain deceit and cunning and so carried himself therein that he sought his own commodity more then the wealth of the Empire and shewed many evident signs and arguments of loathsom and detestable ingratitude For whenas the Empire had been void almost Twenty years and divers Compeitors affected the same as Henry of Thyringia and VVilliam Earl of Holland Alphons King of Castile and Richard Brother unto the King of England and all those Corrivals had almost wasted themselves and their friends in seeking for the place and in maintaining themselves therein The Electors being over-wearied with the length and troubles of this tedioâ—s Competency sent Conrade Archbishop of Coruge unto Othagarius King of Bâ—hemia to pray him to accept the Empire but he thinking himself not sufficient
and death over their subjects yet he is to be accompted a Tyrant that causeth any of his Subjects to be done to death without having deserved to lose his life and this authority given them by Law and common consent of their subjects tendeth to no other purpose nor respecteth any other end then that sin may be punished and malefactors not permitted to live both to the scandal and detriment of well doers If therefore Escovedo committed no offence worthy of death the King had no power no warrant no authority to take away his life his offence therefore must be known the nature quality and circumstances thereof well examined and duly considered and according as his crime shall fall out and prove to be great or small pardonable or capital so shall the Kings actions seem punishable or excusable All that Antonio Peres his Book chargeth him withal is that he had secret intelligence with the Pope the King of France and the Duke of Guise wherein he was set on by his master Don Iohn de Austria who was the King's Lieutenant General and by vertue of this office represented the Kings own person and was armed with his authority if not in all things yet in as much as concerned the execution of his charge and commission The question then must be whether the Secretary unto such a Lieutenant performing that which is commanded by his master may be taken and condemned for a Traytor Treason hath many branches and is of divers kinds and it would be tedious and troublesome to make a recital of them all And it shall suffice to declare whether any of the actions specified in this accusation be within the compass of Treason He wrote Letters to whom To the Pope Why He was no enemy but a friend to the King of Spain What was the tenor and contents of this Letter Nothing else but that it might please his Holiness to recommend one Brother unto another Why That was an office of kindness and not of treason And for what purpose desireth he to have him recommended Forsooth for the employment in the service and enterprise that was to be made against England Why that service liked the King and proceeded first from him it tended to his benefit it was to be undertaken in revenge of his supposed wrongs against his enemy and all this is no treason And for whom wrote he For Don Iohn de Austria his Kings Brother the Pope's Darling and Turks scourge the Princes of Italies Favourite the Queen of Englands terror and the whole Worlds wonder But he wrote without the King's privity How shall he know that Had he not good cause to think that all that he did was done with the King's counsel and consent Had he not eyes to see and ears to hear and discretion to consider that whatsoever was done against England should be both grateful and acceptable unto the King I but he might think that the King would not be content to have his Brother made a King Why He was his Lieutenant already and so next to a King He had done him great service and was to do him more and so deserved no small recompence he had the Title of a Duke but no Living fit for a Duke the vertues and valour of a King but no possibility to be a King but by his Brothers favour and furtherance briefly he desired that honour and Escovedo perhaps thought the King meant to prefer him to that honour the rather because the King might be led to advance him to a Kingdom in his life time by his fathers example who prefers his Brother Ferdinando to the Empire before he died himself why then be it that he was either deceived in his cogitation or beguiled with the love of his Master or went further then he had warrant to go why lawful ignorance extenuateth the gravity of and as to annoy a Princes enemy so to pleasure his friend was never punishable or at any time accounted treason But when the enterprise against England failed he solicited the Pope for the Kingdom of Tunis but how Not to have it without the Kings good leave and liking And when made he that motion Even then when the Princes of Italy and the wisest Counsellors of Europe stood in fear of the common enemy doubted that Tunis might be recovered by the Turk and therefore thought it meet to have so valorous and victorious a Prince there as was Don Iohn de Austria who having the Kingdom in his own right would be the more willing and ready to defend it and was this desire an offence Or could this motion be counted treason He might have remembred that Don Iohn de Soto was removed from serving Don Iohn de Austria because he furthered him in the like enterprizes But he saw him preferred to a place of greater honour and commodity which gave him just occasion to think that the King rather liked then disallowed his actions Thus you see there is no desert of death in practising with the Pope Now it remaineth to consider how this dealing in France with the King or the Duke of Guise may be justly esteemed a crime capital It appeareth that the French King was then in League with the Spaniard whose Ambassador was then residing in his Court and Ambassadors are not permitted to remain but where there is a League of Amity betwixt Princes The Guisards affection hath been declared to have been always greater towards Spain then towards France And the enterprize of England might seem unto Don Iohn de Austria very difficult yea impossible without some favour without some help from France if then to favour this enterprize he had some secret intelligence with France is he therefore blame-worthy Or hath it ever been counted a fault in a servant or Lieutenant to seek all lawful and honourable ways to bring to pass his Masters desire and purpose Do Princes prescribe unto their Lieutenants or Ministers all that they can do to compass and effect their designs Do they not rather give them a few short Instructions and leave it to their discretion and wisdom to foresee and use other means to further their intentions Is not this the reason why they make choice of wise and discreet men for such employments Is not this the cause that when they send young Noblemen either to Wars or Ambassadors or to forraign Governments they are ever accompanyed with grave and wise Counsellors Briefly Is it not this that moveth them to command that their young Lieutenants Ambassadors or Governours shall do nothing without their Counsellors I know that it is very dangerous to be employed in Princes affairs Danger in conceiving a message and Danger in delivering the same and danger in reporting an answer thereunto And yet be it that a messenger conceiveth not a business rightly that he delivereth not his will and pleasure as he should do and that he faileth in report of his answer to whom he is sent yet he committeth not a
was proved against the French King but many other matters as hainous as their murther Briefly that in Kings one fault be it never so grievous may be pardonable a few somwhat tolerable but many must needs be punishable in the highest degree and with the greatest extremity To this I may answer that I have already sufficiently cleared the French King of all that was more wrongfully then truly laid to his charge and that the Spanish King may be charged with many crimes as many as the late King of France but in particular Escovedo his death was an horrible murther but the proceeding of Antonio Peres and his friends made it much more horrible for wherein did Peres offend the King Was it an offence against his Majesty that he fulfilled his commandment in causing him to be murthered whose death he desired Was it a treason not to confess this murther which could not be revealed without the King's prejudice Was it a fault to confess the murther as he was commanded and to conceal the cause as he was willed Was it not a crime punishable to compound with the accuser and to buy his quiet as Peres did with twenty thousand duckets Briefly Was it a sin unpardonable to blemish his own reputation and to impoverish himself and all to please and content the King If all these be no faults then had the King no just cause to be displeased with Peres as he was somtimes friendly other times hardly pleased to day favouring him to morrow persecuting him one while promising him great rewards another while taking from him his own goods and his own substance and if all these be faults whose faults be these Are they not the King 's as well as Peres his faults Nay came they not from the King and not from Peres who did nothing but what the King commanded him what he thought fit and convenient to be done which he not only required him but also promised him great rewards to do But grant that Peres offended the King highly what offence had Peres his wife and children committed that they should be imprisoned and his Son lose his ecclesiastical living Offended they because they became suitors for his enlargement for his speedy and just tryal Had he been a manifest Traytor it was lawful for his wife to sue for his pardon Had she been guilty and consenting to his treason she could have endured no more then he did unless he had been first condemned and the Law favoureth women even in cases of treason because it presumeth that by reason of the infirmity of their Sex they dare not attempt so much as men and had his son joyned with his mother for his fathers liberty that was no sufficient cause to take away his Living For the Law which enjoyneth a childe to prosecute and revenge his fathers death if he chance to be killed upon pain of loss of his childes part and portion cannot but permit him yea either expresly or secretly charge him to do his best and uttermost endeavour to preserve and keep his father from a wrongful and undeserved death And the Cannons which permit not the Pope who is a competent and the highest Judge in any Ecclesiastical cause to take away a Benefice from any man at his pleasure suffer not a Lay Prince who is no competent Judge in Ecclesiastical causes according to those Cannons to make his pleasure a just and sufficient reason to deprive any man of a spiritual Living It is ergo manifest that there was and is great wrong done unto Antonio Peres to his wife and children and this wrong ceaseth not in them but reacheth unto others and not unto mean men only nor in the least kinde of injury For Iohn Don de la Nuca a man of no mean authority a Magistrate the chief Justice of all Aragon must not be lightly punished which had been somwhat tolerable but unjustly beheaded which was extream tyrannie and for what cause If I may not tell you the King 's own letter shall tell you This Letter written by the King unto Don Iohn Alonso contained these short but sharp words Assoon as you receive this Letter you shall apprehend Don John de la Nuca chief Iustice of Aragon and let me assoon be certified of his death as of his Imprisonment you shall cause his head straightway to be cut off and let the Cryer say thus This is the Iustice which the King our Lord commandeth to be done unto this Knight because he is a gatherer together of the Kingdom and for that he raised a Banner against his King who commandeth his head to be cut off his goods to be confiscated and his House and Castle to be pluckt down to the ground Whosoever shall presume so to do let him be assured so to die You see the cause he is a Traytor How is that proved The King said so He gathered together the Commons How doth that appear By the King's Letter He raised a Banner against the King who is his Accuser The King Who the Judge The King What Tryal had he Assoon as he was taken he was executed a Judgement goeth before an Arraignment and Execution before a Judgement Who was the Executioner Don Alonso de Vargas With what solemnity is the execution done Whoso is a Traytor shall die so whoso raiâ—eth the Country shall die so whoso raiseth a standard in the field against the King shall die so all is treason and all is death all upon a sudden and all without due and lawful proof For such a Justice as Don Iohn de la Nuca was could have no other Judge no man else to condemn him but a certain Court called Contes Lateras the King and the States of the Kingdom such a crime as was laid to his charge cannot be heard and determined in Aragon by the King such a sentence as passed against him hath no more power or force against a mans person his goods or his honour then a sentence given by the complainant against the defendant such a King as the King of Spain should be in Aragon is no longer a King if he break the Laws of the Union and of those Laws there are two especial branches the one That whensoever the King breaketh those Laws the Subjects may presently chuse another King The other That all the States and rich men of the Country may assemble together and forbid any rents to be paid unto the King until the Vassal whom the King doth wrong be restored unto his right and the Law which he doth presume to violate be likewise re-established in full force and strength Moreover because there is no other Law and Obligation wherewith to binde a King then with an Oath an Oath is taken of the King at his Coronation to keep those Laws and the Oath is given him with these words We who are able to do as much as you do make you our Lord and King with this condition that you shall keep our Laws and
going to any other Judge convent the Emperour himself before the Pope if he will not maintain his bargain or contract and if the Emperour may be immediately convented by his own subjects before the Pope with much more reason may the Spanish King be called in this case to Rome to answer the contempt of his oath as well because he is inferiour to the Emperour by many degrees as for that the peers of his Realm and the whole Nobility of Aragon are of better consideration and more regard then any private subject I finde that the Laws and common consent of all Doctors allow subjects when their princes will not do them right and justice there principal remedies against such Princes The first That subjects may compel their Prince by his Superiour if he have a Superiour to whom he oweth homage and duty to try the equity of his cause before that Superiour The second That a Subject may convent his adversary before the common Ordinary of the Diocess if his Lord and Prince chance to be negligent in the administration of Justice The third That the Prince denying to do justice to his subjects may lawfully be deprived of his power and royal authority over them The first and second perhaps will not seem fit to be practised against the Spanish King for that although he be a subject unto the Pope for many of his Kingdoms yet he will hardly acknowledge that subjection The third is more proper and therein the question may be whether subjects can lawfully expel their Prince out of his Country and from his Crown and Dignity if he do oppress them too much Some men hold hardly for the affirmative and St. Thomas holdeth an opinion that they may lawfully kill such a Prince and that it were a work somwhat meritorious And this opinion is condemned by others and the Councel of Constance determined the contrary against Saint Thomas and yet all agree in this That subjects need not obey such a prince In this contrariety I think salvo meliori judicio that the best course is to admonish such a prince of his duty and to pray him to reform and reform all that is amiss But who shall admonish him His best subjects and other princes and if after such admonition he shall still remain incorrigible then may his actions his cruelties his tyrannies be made known unto the world and after this Declaration duly justified and truly certified to all Christian princes it may be lawful to implore and employ their help and assistance for the speedy suppressing such a manifest and incorrigible oppressor and tyrant But the Emperour is too weak and the Pope will not be willing to joyn against the Spanish King The Emperour will be strong enough if other princes may be entreated to joyn with him in this honourable action and the means to perswade him and entreat them hath been declared already It resteth therefore to shew that the pope may be brought to enter into this action it may be doubted that the pope will be hardly induced to displease and offend so mighty a prince and so faithful a friend as the Spaniard You have heard that Leo the tenth and Clement the seventh crossed his father who was alwaies mightier then he and when they saw him to grow to strength they sought means to weaken him by joyning in league against him with divers French Kings But to leave his late predecessor and to come to himself Was there not a pope who in the flower of the Spanish King's youth when he had not one foot in the grave as he hath now did openly oppose himself against him Did he not imprison his Ambassador Garcilase de la Vega when he was sent unto him about matters of great weight and of greater benefit to all Christendom Did he not cast Iohn Antonio his postmaster at Rome into prison Did he not command that there should be no more any such officer in Rome which had continued there for a number of years together How many times did he stay his Ambassadour sent out of Spain to other princes took away their packets opened their letters and read them Did he not oftentimes when he meant to deceive the Spaniard send him Ambassadours to entertain him with vain hopes and when they were half way towards Spain revoke them and command them to go with the said Letters and the same conditions unto other princes Did he not in the Decree against Asconio Caciaco declare his Catholique Majesty to be an open and professed enemy unto the See of Rome What could he do more then all this unto the Turk the common enemy of Christendom What have the later popes done more then all this against the late French King William for the Spaniards sake they made their professed enemy And why may not this pope be induced with the report of all that hath been already said to as much as all this against the Spaniard now that he declineth that he is going to the grave or against his son that shall be coming into the world and may be of more terror unto Italy and the rest of Christendom then his grandfather or his Father because he is heir to as many Kingdoms as they were and is likely to succeed his father when he shall be very young and youthfull I have said enough to make the Spaniard hateful and odious to all the world but I may not end without adding somwhat more to all that I have said The seditious Author inveigheth most bitterly against the French King for his two murthers but I have shewed that the Spaniard hath committed many more then two and I must add to these murthers the unlawful execution of Diego de Meneses somtimes Vice-roy of the Indies and the Governour of Guscabs of Henry Perera Captain of the same Town of Emanuel Seradas of the Count de Terras Vedras of Peter Alpeene and Sforza Ursino whom he caused to be poysoned The same Author aggravateth as I have said the French Kings murther because he killed an Ecclesiastical person and I promised to shew you that the Spaniard hath killed many more then one witness Fryer Iohn who because he stood for the liberty of his Country was hanged in the Isles of Madera witness Fryer Hector Pinto who was poysoned by the Souldiers of Castile witness Iames de Moronake who was beaten to death with Souldiers although he was brother to the Earl of Myra witness many others who were either thrown into the Seas or hanged or poysoned The same Author burthened the late French King to be an author of heretiques because he did not utterly subvert the protestants in his Realm but I have cleared him of that accusation at large and yet forgot to tell you that he did more against the protestants in his Realm then the Spaniard did in his Dominions and he had done much more then he did had the Spaniard not favoured the protestants against him and had he not known that
it was not Religion but private quarrels that caused a division in his Kingdom and this division was as you have heard and shall hear maintained and nourished by the Spaniard For when the troubles began first in France the princes of Vendosme and Conde being displeased with the greatness of the House of Guise drew into their faction and side the Houses of Montmorency and Chastilian that they might be the better able with their help to prevent and withstand the encrease and advancement of the late Duke of Guise his Father and Uncle who had usurped and gotten into their hands all the authority credit and power of the Kingdom during the minority of Francis the second their Nephew afterwards the same Duke of Guise and the Constable fall into variance for no other cause but for that the first was jealour of the other both of them being in great favour and credit with Henry the third Four principal causes encreased and nourished the contention between these two princes The first was the office of great Master of France which the King gave unto the Duke of Guise when he made the Duke of Montmorency Constable of France who was great Master before and had a promise of the King that the office should have been reserved for his son The second occasion of their discontentment was the Earldom of Dampmartin which both of them had bought of sundry persons pretending right thereunto and when they had sued for the same a long time in Law the Constable obtained the suit The third cause of their discontentment was because the one of them seeking by all means possible to discredit and disgrace the other the Constable procured the Duke of Guise to be sent into Italy that he might in his absence possess the King wholly and alone and when he was there he could not do any thing worth his labour or worthy of commendation because the Constable either fore-slowed or hindred his business But the Duke of Guise being returned out of Italy and finding that the Constable was taken prisoner at St Laurence to be revenged of the indignities offered whilst he was in Italy procured that the Constable was held a long time in prison and used all the policies that he could devise to delay and defer his deliverance the which delays occasioned his Nephews of Chastilian to crave aid and assistance of the late King of Navarra and the Prince of Conde his brother who had married his Neece The fourth and last cause of their strife and difference was the competency between the Prince of Conde and the Duke of Iamvile for the office and charge of Colonel of the light Horsemen of France This debate and emulation being begun and having continued a long time debate and emulation being begun and having continued a long time in this manner it hapned that the first Author thereof being dead the Duke of Guise prevailed too much in the French Court the which the Lords of Chastilian perceiving to their great sorrow and discontentment left the Court and in returning from thence were it in earnest or in policy began to favour the Lutherans of France who at that time began to preach in cellars and in houses secretly and became their friends more to defend themselves from the House of Guise then to seek and procure any alteration or change of Religion until that the King himself at the instigation and instance of the Duke of Iamvile took Monsieur de Andeles at Cressy and sent him prisoner to Molin and imprisoned the Videan of Chatres and many others These imprisonments and years of further mischiefs caused the friends and followers of the Constables to prepare with great silence and secrecy a mighty Army in Germany with which he purposed to make an horrible execution of the House of Guise under a colour to free the King from that bondage wherein the late Dukes of Guise and Aumale held him of which followed the great execution of Amboise the rigorous commandment that was given to the King of Navarra and the imprisonment of the Prince of Conde at the assembly of States held at Orleans and many other accidents which had continued with far greater cruelty then was used against the Houses of the Constable and of Chastilian had not the sudden death of the young King prevented the bloody intentions of the House of Guise The unexpected death of the young King perplexed and dejected the House of Guise much and surely they had been reduced unto extream desperation had not the Spanish King revived their hope and put them in great comfort who until he saw them in great extremity stood in doubt which part to favour most and kindled the fire of dissention on both sides to the end it might at the length burn and consume France in such manner as it did of late years It was the Spanish King that when the King of Navarra was made Governour of Charls the ninth and the Constable restored to his ancient Honour and Dignity supported the Duke of Guise and gave him such counsel that he both won the King of Navarra and the Constable to favour him and his enterprises against their own Brothers and Nephews and took the young King and his Mother at Fountain-bleau and carried them to Melind The Queen-mother grieved with this captivity of the King and her self was sain to entreat the Prince of Conde and the Lords of Chastilian to help to set him and her at liberty And then the said Prince and Lords not being able to resist of themselves so mighty enemies as the Guisards were especially being aided with the power and authority Royal became protestants in good earnest and declaring themselves Protectors and Heads of the Huguenots craved their assistance wherewith they seized upon many Cities of France not making any mention of their Religion but pretending to free the King and his Mother from that captivity wherein the House of Guise held them It was the King of Spain who when the Duke of Guise was slain at Orleans by Poltrot practised with the Cardinal his Brother to entertain and maintain the divisions in France not to subvert the Lutherans but to weaken the Kingdom wherein the Cardinal proceeded so cunningly that he drew the Queen-mother from the Prince of Conde and the Chastilians by whom she was set at liberty by perswading that the Prince of Burbone the Constable and the Chastilians sought her utter ruine and subversion and would never leave until they had sent her into Italy unto her friends there for which she conceived so great displeasure and indignation against them that she caused the one brother to be killed at the Battel of Iarvack and the other at the Massacre of Paris it is thought that if the Montmorencies had been there at the same time they had drunk of the same cup. Thus you see that the troubles of France grew not for Religion but for competency and emulation that was betwixt the House of Guise
Navie when Don Iohn de Austria gave the Turk the famous overthrow for which all Christendom greatly rejoyced they might haply have gotten Constantinople and have recovered most part of the Turkish Dominion Next unto the House of Austria is the State of Venice which although it be far inferiour unto many Christian Princes in power and strength by land yet it yeildeth unto very few or none of them in force by Sea With this State the Spaniard knoweth also that it is very good and convenient for him to entertain peace and amity For albeit they have many Countries confining and bordering upon the Turk for the which they pay him yearly Tribute and that their Merchants have continual entercourse of Trade and traffique unto Turky and likewise the Turks with them which bringeth in inestimable wealth and benefit unto the State and that in consideration hereof the Turk will not easily offend them nor they willingly displease him yet the Venetians knowing him to be a Turk that is a common enemy of Christendom the devourer of other mens estates the disturber of the common peace and a most notable breaker of all League Truce and Amity as often as he stirreth they stand in continual awe of him and notwithstanding all leagues contracts and confederacies with him are content to joyn with the Spaniard at any time against him and to use the utmost of their power to annoy and molest him as it was seen by the great aid which they gave unto the Spanish King when as Don Iohn de Austria gave the Turk the above-mentioned overthrow Thus being assured of the Venetians friendship entertaining perfect and perpetual amity with the House of Austria and having the rest of the Princes of Italy for his friends he hath little occasion to fear the Turk And yet for his better security he seeketh to live in league and amity with him and likewise keepeth continual friendship with the Turks greatest enemies hoping to turn them upon him if at any time he should chance to attempt any act of hostility against any of his States and Dominions The French King is the second considerable friend or enemy the Spaniard hath of whose friendship or enmity he is to make no small account For albeit the one hath many more Kingdoms many more People and much more Treasure then the other yet because France is of it self and within it self a very great Kingdom well inhabited full of many great Cities replenished with all things necessary and sufficiently furnished with whatsoever is needful either for Peace or for War The King thereof is in my opinion nothing inferior unto the Spaniard and much more able to pleasure or annoy him then any other Prince of Christendom It may be said that the Spaniards many Dominions yeilds him infinite multitudes of Souldiers that his Indies furnish and enrich him with great abundance of Silver and Gold and that the one and the other make him in a manner invincible But if his men by reason they are far off cannot easily be brought together Iâ— because they are of divers Nations they will hardly agree long together It because they be of contrary natures and conditions they are not in like measure fit for the Wars If their discipline shall be found contrary their humours divers and their courages in no respects equal or like What benefit What good success may be expected of an Army being compounded of so many diversities Again if the wealth of the Indies may be as it hath been oftentimes intercepted If his Treasures do scant suffice for his ordinary and extraordinary expences If his debts be already more then he is well able to pay What booteth his wealth Or why should France fear his Treasure Or what just occasion hath he either in regard of his people or in respect of his gold to contemn or make small reckoning of the united Forces of France especially since the Countries of France are able to set forth such a sufficient Army to encounter with his forces at any time and the yearly revenues of the Crown of Fraâ—ce will serve to maintain and furnish the same Army withal things necessary Appianus Alexandrinus who lived in the time of Adrianus the Emperour in his History of the Roman Wars writeth That in his time the Emperour Adrianus had in pay 200m. Footâ—men and 500m. men at Arms 3000. Carts and Waggons for his Wars and 300m. Armors to Arm his Soulâ—iers withal he had also a Navy of 600. tall Ships and of 1500. Gallies with many other Vessels of divers sort and with an infinite number of all kind of Instruments and Weapons for Sea-fight besides 80. Ships with the Prores and the Poups of gold for a shew or ornamenâ— of his Wars And lastly he had in his Treasure-house 150m. Talents in ready coyn This force this preparation this strength and wealth seemed unto the same Author so great that in the proem of the very same History he saith That all the Forces of Alexander the Great of the Assirians of the Medians and of the Persians which were four mighty Emperours were never able to attain in 900. years unto half the power strength and greatness that the Romans had Titus Livius had the like opinion of the Roman power For he saith That Alexander King of Epirus was wont to say That all the Wars which Alexander the Great ever had were in comparison of his own Wars with women rather then with men And that all the life of Alexander the Great would not have sufficed to end and finish one only War with the Carthaginians with whom the Romans in the first Wars against them fought twenty four years together And that the Romans had overthrown above 1000. sundry Armies the least of all the which was far greater then the Armies of the Macedonians or of Alexander the Great All which may seem to be true because Plutarch in his Lives of the Roman and Greekish Worthies reporteth That Iulius Caesar took in his time one thousand Cities by assault overcame more then 300. sundry Nations took above a Million of men prisoners and slew better then another Million of men in divers Battels for if one General of the Romans wrought so many worthy Exploits subdued so many Regions and slew so many Enemies how infinite now incredible were the Armies and the Victories of the Romans who had many Captains As both the Scipios Fabius Maximus Pompeius Magnus and divers others not much inferior to Iâ—lius Caesar Notwithstanding all this that is said I must needs say that as Iohn Bodin a French Authour saith in his Book de Republica the Romans having made tryal of four several Estates As of a Royal a Tyrannical an Aristocratical and a Popular State never thrived better nor ever flourished more then they did under their Popular State And to what end say I thus Forsooth to this purpose To shew you that when the Romans were most mighty when their Authority was greatest when