England but because England holpe France in their wars against them What pretence had they to conquer Scotland but that Scotland succoured England Why hindred they the Switzers going into France with intention to conquer France but that they thought it a better morsel for themselves What colour used they to overcome the residue of the world but sometimes a pretence to defend their Confederates sometimes a shew to maintain the liberties of their Neighbours sometimes a feigned and hypocritical zeal of Religion when as indeed they oppressed them whom they pretended to defend brought into bondage for whose liberty they would seem to fight and were in all respects as irreligious as they whose Religion they seemed to condemn So to be short they cunningly enlarged their Confines by seeming to be careless of Conquests made themselves Monarchs by pretending to suppress Tyrants and did wrong unto all men by bearing an outward shew to suffer no manner of injury to be done unto any man This cunning in aspiring unto Forrain Dominions begun in the Infancy of the Romans prosperity continued in the riper years thereof and practised even until their declining Age was not only proper unto them but passed as their Empire did from them unto other Rulers by what name or title soever they were called taking advantage of the time omited no means to attain unto their desires and purposes Though therefore the name of Rebels in all Ages hath been odious their Cause was never unjust and the voluntary Aid given unto them never was honourable unto him that aided them yet the Chronicles not only of our Nation but also of other Regions Realms and Dominions are full of Examples of many Princes not inferior to the Princes of our Age be it in Might in Power in Authority or in Goodness who rather regarding the propagation and increase of their Dominions then the conservation and maintenance of their Honours did as our Princes do now not only receive their Neighbors Rebels into their protection but also use them as means and instruments to molest and persecute their Neighbours by whose decay and downfall they might rise and aspire unto higher Authority Neither hath the League of Amity the bond of Kindred and Parentage the duty of children to their Parents the affection of one Brother to another moved Princes to withdraw their helping hand succor and assistance from those who being tyed by all or some of those Bands rebelled against their Sovereigns Iames King of Scotland being not only in League with Henry the seventh being King of England but also by Oath and Homage bound unto him as his Vassal did not only favour and receive into his protection a young Man named Perkin who was suborned by Margaret Dutchess of Burgondy to call and carry himself for one of the Sons of her Brother King Edward but also married the said Perkin unto Katherine Daughter unto Alexander Earl of Huntley and his own neer Kins-woman and with him and for him invaded England Here you see the Vassal favour and succor the Rebels of his Sovereign and the neer Kins-woman conspire against her Leige Lord and King Richard Earl of Poictou because his Father Henry the second denyed him that Honour although by the death of the young King Henry he was become his eldest Son to marry him with the French Kings Sister Alice and to declare him immediately for his immediate Successor became the French Kings Man to serve him against his Father Robert Son unto William the Conqueror having tasted the sweetness in Commanding others so far that he loathed to be commanded by others Rebelled against his Father and was aided and succoured in his Rebellion by the French King Henry Son unto Henry surnamed the Grosse because his Father was Excommunicated by the Pope and as an Excommunicated person was not in his opinion to hold and sway the Empire was not only animated by the Pope to Rebel against his Father but also assisted by him until he took his Father Prisoner Here you see the Sons Rebelling against their own Fathers protected and succoured by them which either were or should have been Friends and Confederates unto their Fathers Henry base Brother unto Peter King of Castile knowing that his Brother for his evil and licentious life was generally hated of all his Subjects Rebelled against him and with the help of the Kings of France and Portugal deprived him of his Life and Crown Here you see the Brother bearing Arms against his Brother ayded by two Kings who should rather have favoured a Lawful King then an Usurper The Marquess of Villona and the Archbishop of Toledo both neer Kinsmen unto Ferdinando and Isabel King and Queen of Aragon and of Castile Rebelled against them both and received aid and succour in their Rebellion from Alonso King of Portugal Here you see the Kinsmen Rebelling against their own blood ayded by their Sovereigns Kinsman and Conâ—ederate And seeing all this how can you marvel that in this Age against the corruption whereof you and others inveigh most bitterly Princes ayd the Rebels of other Kings betwixt whom there is no manner of Alliance Or if there be any the same is long since dissolved and resolved into hatred and enmity For albeit the King of Spain Married the Sister of the Queen of England and of the late French King by which Marriages he was Allied unto both in League of Friendship and Affinity Yet you know and shall hereafter see that many occasions besides the deaths of his Wives have changed his love into hatred and his good will into malice So that it is no marvel since every injury asketh a revenge every enemy seeketh all means possible to hurt and annoy his Adversary and every Prince can be content to take such advantage for the enlargement of his Confines and for the maintenance of his Estate as the time and opportunity doth or shall yeild him If the Spaniard who hath purposed in his heart to devour and swallow up the Kingdom of France useth the Rebellion of the Guyzards for his best means and instruments or if the Queen of England who findeth no better ways to keep the Spaniard from invading and subduing her Realms and Dominions then to busie and to find him continually occupied in defending or in recovering his own doth succour his pretended Subjects of the United Provinces for indeed they are not his Subjects and vouchsafeth daily to send them such supplies of Men and Money as seem most necessary for their defence The Third Point whereat they wonder dependeth somewhat upon this Point which is Why the Flemmings being always reputed a fearful and timerous Nation And the Frenchmen having at all times most worthily carried the names of the most Faithful and Loyal Subjects of Europe the one in hatred of the Spaniard Rebelleth against the Spaniard and the other at the Instigation of the Spanish King beareth Arms in his behalf against their natural Leige Lord and Soveraign But if it
Forces tended to no other purpose then to chuse him But the king of Spains device was not in all respects so cleanly as you shall hear by the sequel But you must first understand how many Competetors there were for this one Crown and what right every one of them had thereunto Emanuel king of Portugal married first Isabel Daughter to Ferdinando king of Castile by whom he had but one male child which died in his infancy Then he took to Wife Mary the second Daughter of the said Ferdinand by whom he had nine children Iohn who had issue Iohn the third and he Sebastian which was lately slain not leaving any issue behind him Lodowick who was lately secretly married and had issue this Don Antonio who now liveth in England The third child was Ferdinando who married a daughter of the Earl of Marialva by whom he had two Sons who dyed before their Father The fourth was Alphonsus who was made Cardinal and departed the world not having any child The fifth was Henry who was likewise a Cardinal and king after Don Sebastian and died also without issue The sixth was Edward who married Theodosia Dutchess of Burgantia by whom he had three children that is to say Mary who married Alexander Prince of Parma Katharine who took to husband the Duke of Burgantia and Edward who died unmarried The seventh was Anthony who died in his infancy The eighth childe was Isabel who was married to Charles the Emperour and had issue by him the present king of Spain The last was Beatrice wife to the Duke of Savoy These were the issue now follow the Competitors they were five Don Antonio lawful son as he proved unto Lodowick the second heir male of Emanuel The Prince of Parma as Tutor unto his son begotten upon the eldest daughter of Edward the sixth heir male The Duke of Bergantia begotten on the body of Katharine the second daughter of the said Edward King Philip begotten of the body of Isabel eldest daughter unto Emanuel And the Duke of Savoy the lawful heir of the youngest daughter of the said Emanuel Now of all these competitors to deliver you first my opinion I take it alwaies salvo meliori judicio that none of them all could lawfully claim the Crown of Portugal For as many as hold the marriage of Henry the eighth king of England with the Lady Katharine unlawful because she was married unto his eldest brother Arthur must needs hold the marriage of Emanuel king of Portugal far more unlawful because both king Henry and he married unlawfully For if two brethren cannot successively marry one woman truly two sisters cannot be married unto one man And the reason which some use to justifie king Henry his marriage cannot serve for the justification of king Emanuel's matrimony for all that was said in the defence of the Lady Katharine was that her husband never knew her carnally which cannot be truly said for king Emanuel because he had a son by his first wife wherefore if all these nine children being begotten in unlawful wedlock cannot possibly be reputed legitimate and therefore are not lawful heirs to their reputed fathers much less can any of they who descend from any of these nine children be esteemed lawful heirs to the Crown of Portugal But grant them to be lawful and then to each of their Titles in order Don Antonio hath sufficiently justified his Title in his Apologie by many reasons which I reduce to these three principally First he proveth his Fathers marriage though it were with his far inferiour to be lawful notwithstanding the disparagement in regard of which it was concealed Then he fortifieth his Title by the custome of the people of Portugal who by ancient priviledge challenge a right in case of controversie for the Crown to make choice of such an one of the competitors as they shall have a special liking and love unto Lastly he either sheweth or might shew that Bastards have succeeded in the Kingdom of Portugal and that therefore although Bastardy had been fully proved against him yet being chosen by the common consent of the people it was no sufficient bar or lawful exception to say that he was a Bastard especially being made by such an one as came from a Bastard himself and holdeth his own Kingdom by right derived from a Bastard as doth the present king of Spain For the Chronicles of Spain report that Henry bastard brother unto Peter king of Spain taking advantage of the evil opinion which was conceived of his brother by reason of his loose and dissolute life by the help of the French King notwithstanding that Edward the third aided the said Peter and once restored him to his Crown drave him the second time from the same and having slain him in the Field usurped his Royal dignity and transferred it unto his heirs of which king Philip is lineally descended For there was a time when as Iohn Prince of Castile and son to Henry of Castile challenged the Kingdom of Portugal because he had married Beatrice the only daughter and heir of Ferdinando late king of Portugal but the people would not accept him for their king because they naturally hated the Castilians and therefore they chose a bastard for their king named Denis saying That it was as lawful for them to chuse the said bastard for their king as it was for the Castilians to admit Henry the bastard for their king who had as is above said deprived most unlawfully and unnaturally the lawful king of his life and Scepter Now from Don Antonio unto the rest in general who because they all claim by right of their mothers are all excluded by an inviolable law of Portugal alledged against the aforesaid Iohn Prince of Castile in the behalf of the aforementioned bastard Denis whereby it is provided That no woman shall enjoy the Crown of Portugal For whereas there is a Law that no woman shall succeed the same Law as it appeareth by the Law Salique alledged against us in the time of King Edward the third excludeth also the males descending from the woman And so these four Competitors claim is utterly void and of none effect And in case where women may succeed the Females descending from an heir male are to be preferred before such as come only and directly from the female And so the Prince of Parma and the Duke of Bergantia descending from the daughters of Prince Edw. and they in law succeeding their Father as the same person and his undoubted heirs are not only to be preferred before the King of Spain and the Duke of Savoy who came of the daughters of the before-named Emanuel but also before their Aunts the said King Philips and Duke of Savoy's mothers because in matter of Succession the elder brothers children are always preferred before the Uncles or Aunts Those Titles and the means how the Kings of Spain prevailed before the rest of his Competitors are largely set
one terrible and mighty Adversary raise up another who may be in all respects as dangerous and as well to be feared as he For because France lieth neerer unto us then Spaine and Vis unita is alwaies held to be Fortior if France should recover Burgondy and the Low Countries should we not have great and just occasion to fear France For neither may our happy victories against France encourage us not to esteem France since it is no point of wisedom not to fear the least Enemy that may be nor the late benefits pleasures and Offices of kindness shewed by us unto the late Kings thereof can assure as that France will never endammage us I have already shewed the causes of our fortunate success against France and if those causes should once begin to fail us the good fortune which proceeded of them would soon leave to follow us and as well Princes as private men receive favours and courtesies readily look upon their Benefactors unwillingly remember good turns slowly and requite received benefits faintly Then because the fresh memory of new courtesies cannot extinguish the grievous and unpleasant remembrance of ancient quarrâ—ls we must as we have said still have a very careful and watchful eye over France and intreat France to be content to joyn with us in placing and preferring some such Prince unto the quiet and assured pâ—ssession of the Low Countries as may be well able with the help of us and France to retain the same and yet unable to hurt us or France Neither must the cross dealings of the late Duke of Alencon discourage us to attempt any such matter for we saw that they whom he had handled somewhat unkindly might easily have been perswaded to have received him again for their Duke And there may a Prince be found that shall be less suspected and more acceptable unto the Flemings then any French-man can be The Duke Ernestus who was lately sent to be their Governour in my simple opinion seâ—meth to be a fit man for that purpose For whereas the Spanish King of late would have bestowed the Infanta his Daughter upon him it may easily be thought now that that hope faileth him because he knoweth now where to find a fitter Husband for her then to match her with him and to give him the Low Countries for her Dowry But common same reporteth that there is an intent and purpose to marry her unto the French King as well because he is now become a Catholick as for that France and Spain have often matched together and the Pope may easily be entreated to dispeâ—se with the French King to take her for his Wife Truly it were hard to permit him to marry so near a Kinswoman as is his now living wives own Neece But grant that the Popes dispeâ—sation may salve this sore that the French King may forget the wrongs and indignities offered unto him by Spain that this were a good and ready way to reconcile these Princes that have lived too long togeâ—her in contention and variance and that of this reconciliation there is likely to follow a great and general benefit unto all Christendom Yet I can hardly think that the Spanish King would ever yeeld his consent unto such a Match And though he would ever yeeld his consent thereunto yet it behoveth all the Princes of Christendom to hinder such a marriage For if his Son should die whose life is in Gods hands should not all the Kingdoms and Dominions of the Spaniard because there is no Law Salick in Spain descend unto his Daughter And would not the desired addition of all those unto the Kingdom of France make the warlike and mighty Prince thereof not onely to think upon but also to attempt the Conquest of all Europe Should he not grow too mighty Should he not be able to Tyrannize over all the world more then the Spaniard doth now And then doth it not greatly import all Christian Princes to withstand this Marriage Besides grant that his son doth live to have many children were it not a very unwisâ— and indiscrect part of the Spanish King to give hâ—s Daughter in marriage unto such a one as what for his old grudge unto Spain what in regard of the Title and Interest that this wife may give him unto the Crown of Spain will undoubtedly be content to take her for wife were it for no other occasion but to have so good just and colourable a cause as her right would give him to challenge invade and conquer Spain For the Prince of Orange by noting the Spanish Kings son of Bastardy in his Apology and by animating the French King to defend his Neece right whensoever God should call her Father to his mercy hath set open such a gap as will give a very easie entrance into the Kingdom of Spain unto the Spanish Daughters ambitious nature or unto his valiant minde if there be any valour in him who shall have her to wife The surest and safest way then for the Spaniard is either to match her lowly as Austiages did his Daughter with some mean Prince who shall not be able to hurt or prejudice his Son or else to bestow her upon the said Duke Ernestus who although he be her neer kinsman and a Prince of no great living yet because it is a matter very usual in the House of Austria to match in their own blood and for that the Spaniard hath Kingdoms and Dominions enough to bestow upon her in marriage neither the propinquity in blood nor the want of living can be an obstacle unto the match But it may be said what shall it avail if she be married to the Duke Ernestus and Flanders be her Dowry Shall it not be all one Will he not be at the devotion of his Father in-law And will it not be a means to make the Emperor more fast and assured unto Spain and to carry the less love and affection unto us and our Friends But I suppose the Empire shall be transferred unto some other Prince and although it shall remain still in the House of Austria yet I know he that shall be or is Emperor can have no great means to annoy us Besides we may finde many wayes to set a variance and separaâ—ion betwixt the Father and the Son and when God shall have wrought his will and pleasure upon the Father betwixt the Brother and the Sister Were there ever more hot and bloody wars betwixt us and France then when the French Kings Sister was married unto our King Or when our Kings Daughters have matched with France Did not these marriages breed and bring forth the chiefest causes of our most deadly contentions And did not our and their profit and gain make us forget blood affinity and Alliance But if it shall seem dangerous to hazard our safety upon so weak an hope it shall not be amiss to use all policy to procure such a match and to cause her Dowry to be either the Kingdom
late French King and still continue their open Revolt and unlawful disobedience against his right Heir and lawful Successor Neither can any man deny that all they that took part with Lewis surnamed the Meek against Bernard King of Italy were also most famous and disloyal Traytors For Lewes being younger Brother unto Pipin who dyed before his Father Charlemain and left Bernard King of Italy his sole Heir had no right to the Crown of France so long as the said Bernard his eldest Brothers Son lived for that as well in the Succession of Crowns and Kingdoms as of private mens Lands and Inheritances the eldest Brothers Son and Heir is always to be preferred before his Uncle And for as much as Lewis having taken his Nephew Bernard in the field Prisoner did not only detain him and his chief Councellors in hard Prison but also in the end put him to an unlawful and unnatural death Those Subjects who followed and assisted him in those his unkind and unjust actions because it is a most wicked deed to participate with the wicked in their wickedness must needs be accounted as wicked as the present Subjects of France who consented unto the cruel Massacre of their late King Again all those French Subjects who bore Arms against Edward the Third in the behalf of Philip de Valoys were in as high degree of Rebellion as these latter Rebels And so likewise were those who stood with Charls the seventh against Henry the fifth and sixth of England For the only reason and cause which they alledged to debar these English Kings from the Succession as lawful Heirs to the Crown of France was the Law Salique which as they then pretended excluded not only women but also other Heirs males descending from the woman from the Inheritance of the Crown Which Law was no sufficient bar because it was undoubtedly a local Law made in Salem a Town about the River of Rhine in Germany at what time the French Kings were both Kings of France and Emperours of Germany and therefore as all other local Laws are was tyed to the Inheritance of that Town only and could not stretch her Forces to forrain Countries or to the succession of Kingdoms no more then the Law of Gavelkind being peculiar not to all but to some part of Kent is of full strength and full force in other places of England Besides it is confirmed that there was never any such Law in France by the Testimony of the Duke of Burgundy who when as Philip surnamed the Long was created King never left to cry out against his Creation and to profess openly That the Kingdom belonged of right unto Ioan Daughter unto Hutine sometimes King of France before that Philip stoppen his mouth with the gift of the Country of Burgundy in Dower with his eldest Daughter I could stand longer upon the proof that there was never any Salick Law in France were it not that Du Haillan a French Chronicler in the first Volumn of his History easeth me of that pain and cleareth that point so plainly that he being a Frenchman and refuting a Law suggested not only to be a Law but also one of the chief Pillars and Maintainers of the ancient Dignity of the Crown of France cannot be thought to write thereof either partially or untruly But although I let pass Ed. 3. his Title as the less valuable because it was impugned and weakned by the only Allegation of that Law yet I must enlarge somewhat more Henry the fifth his Right because the same in my simple conceit and opinion was far stronger then Edward the Thirds For Henry the fifth considering that because his Predecessors did always from the time of Edward the third lay continual claim unto the Crown of France and that therefore the Kings or rather Usurpers thereof had do right nor just title thereunto because they not having bonam fidem a point requisite in Prescription by reason that they knew the right to be in Kings of England rather then in themselves could not lawfully prescribe a right unto the said Crown demanded the same by force of Arms of Charls the sixth and drave him to such extremities that he being able no longer to make resistance against his invincible Forces was glad to capitulate and agree upon conditions of Peace with him The principal Articles of which Peace were That the said Charls the sixth should during his life continue King That he should dis-inherit his Son and Heir who was afterwards Charles the seventh That the King of England should take to Wife Isabel Daughter unto the French King and in regard of that Marriage he proclaimed Regent of that Kingdom during Charles his Father in laws life because he was sometimes Lunatique and Heir apparent to the Crown after his death And lastly that the Nobility and Peers of France should not only consent thereunto but also take a solemn Oath which was accordingly performed and executed to maintain every point of those Articles and uphold and assist Henry the fifth and his lawful Heirs and Successors against Charles Son unto the French King the rather because his Father had for very good and just occasions him moving thereunto dis-inherited the said Charles and by the last Will and Testament made when he was in perfect sence and memory ordained and constituted the said Henry his sole and lawful Heir of the Crown But the Frenchmen have their Objections to all that is said the which I cannot lightly pass over because I know you are desirous to hear their Exceptions and also what may be replied in Answer to their Allegations But I may not dwell long upon every particular Point because my leisure will not serve me and it is not pertinent to my first purpose They say first That their Kingdom goeth not by Dissent and Inheritance from the Father to the Son but by succession which is grounded not upon Law but upon a Custom by vertue whereof the next of the Blood Royal be he of the farthest degree that may be of Kindred succeedeth not as a lawful Heir but as a Successor by Custom not newly invented but of long continuance even from the time of the first King Pharamond Which objection I mean briefly to Answer before I will proceed to any others Guicciardine who wrote an Universal History of all things that hapned in his time not only in Italy but also in all other places of Europe although he was a very perfect and learned Lawyer yet when he had occasion to touch any Point of Law he handled not the same Lawyer-like but passed it over lightly setting down his opinion of the Case in as few words as he could possibly because if he had done otherwise he knew that he should not observe the Laws and Bounds whereunto Histographers are tyed and bound In like manner although these Questions are meerly civil and ought to be handled by me as a Civilian yet because I purpose
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
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
long after carrying a watchful and revengeful mind and knowing that Harpagus had but one child and being once rebuked of Harpagus more boldly then wisely of drunkenness sendeth for the Infant and the Father unto whom he saith Thou toldest me of late I was drunken Now to shew thee whether I be or no I have here an Arrow in my hand which if I do shoot so rightly that I do hit thy Son at the heart thou mayest well think I am not drunk and if I miss his heart then will I not be offended at thee for so saying of me He shooteth the Arrow and striketh the child at the heart And not content with this severe revenge commandeth the Father to sup with him and compelleth him at Supper to feed on the best and cheifest parts of his only and dearest Son baked in a Pie Harpagus endureth the wrong for a while and maketh Astiages to continue his cruelty consenteth to his Marriage with his own Sister bringeth him by secret means and his own leud demeanor into the hatred of his Subjects And when he saw that it was time to begin to work his revenge fearing that if he should send a Letter to Cyrus whom he meant to use for the Instrument of his revenge by ordinary means the same might be intercepted and so both he and Cyrus endangered taketh an Hare openeth his Belly within it encloseth a Letter and giveth the Hare to a trusty Messenger to carry unto Cyrus willing him to take off the Hares skin And to the end the matter might be less suspected he apparelleth the man like a Hunter giveth him Nets in his hand and other instruments belonging unto Hunting The Letters contained That Cyrus should dispose the Persians to revenge the wrongs that Astiages had done unto him and to Cyrus The trust that Astiages reposed in Harpagus and that being assured to be made cheif Lievtenant of the Median Forces which should be sent against Cyrus he would presently revolt unto Cyrus who by that means might easily overthrow his Grand-father The Plot was thus layed Cyrus rebelled Astiages put Harpagus in trust with all his strength he flyeth unto Cyrus Astiages is delivered into the hands of his enemies and the Empire of the Medians is by this means translated unto the Persians Amulius to rule alone killed Numiter and made his Daughter Rhea one of the Virgins Vestals that no man-child might proceed from her to revenge the wrong done unto her Father or recover the Kingdom due unto her Father Rhea living thus sequestred from the company of men is gotten with child it is not known whether by mortal man or by the God Mars She bringing forth two Twins they are called Romulus and Rhemus who being brought up as some say by a Wolf or as others by a common Strumpet called Lupa as they grew in years so they increased in vertues valour and credit and in time wrought the revenge of their Grand-fathers death and drave Amulius from his Kingdom Cambyses Son to the afore-named Cyrus dreamed that a Messenger brought him word that his Brother Smerdis sitting in his royal seat touched the Heavens with his head by occasion of which dream fearing that he might be deprived of his Kingdom by his Brother more speedily then wisely he commanded Smerdis to be done to death He is no sooner dead but one Smerdis rebelled against Cambyses with whom Cambyses riding to encounter as he gat upon his horse his Sword fell out of his sheath and ran him through the Thigh of which wound he dyed Gargoris Rex Curetum begat a Son upon his own Daughter and being ashamed of so foul a fact purposed to cause the child to be murthered First he willed him to be cast to wild beasts The wild beasts contrary to their kind nourish him Then he throweth him amongst hungry Dogs and such as he had caused many dayes to be kept of purpose from meat The Dogs likewise spare him Next he exposeth him unto certain Hogs unto which there was no manner of Sustenance given in a long time The Hogs likewise do him no kind of harm Then he willeth him to be thrown into the Ocean Sea whence he is cast upon the shore and presently an Hart giveth him suck Lastly having lived a long time amongst a number of Harts until he could run as fast as they he was taken in Nets by certain Huntsmen who presented him unto the King by whom being known as well by the proportion of his body as by certain marks given him as soon as he was born he is acknowledged and accepted for his Nephew and in regard of so wondrous preservation from so many and different perils and dangers is also declared only heir of his Kingdom and called Atis. These examples although they may seem to be untrue and incredible yet because they are strange and wonderful and reported by such Authors whose writings deserve no small credit they may right well serve to put us in mind that whatsoever the eternal God hath decreed it lies not in our power to prevent or alter his determination Astyages could command his daughter to marry with a mean man he had power to will the fruit of her womb to be destroyed he might entreat or enforce Harpagus to procure the Infants death But after that he moved with compassion spared the childe and committed the same unto the custody and discretion of the Shepherd Astyages authority and Harpagus commission expired the Shepherd pitied the poor Infant and it pleased the Almighty who had resolutely determined his greatness and welfare to suffer him to live to the utter ruine and overthrow of the Grandfather Amulius as a wicked Usurper intended to deprive Rhea of her right according to his purpose slew her father and dedicated her to such a life as there was smal hope that from her should succeed any off-spring to spoil and deprive him of his Royal Scepter But God had fully resolved that out of Rheas womb should proceed the scourge of her fathers iniquity and the founder of the Romans Majesty and accordingly of her came Romulus and Rhemus who founded that worthy and famous City Cambyses dismayed with a dream and fearing that his Brother would shorten his days and usurp his Crown took the ordinary means that Princes use to take in such occasions but he had no sooner killed one Smerdis but another arose and rose against him who did put him besides his royal Diadem Briefly Gargoris thought by adjudging the Son which he begate upon his own daughter somtimes to one and somtimes to another kind of death to have hidden his own shame and to have debarred the poor infant from his right But he that righteth all wrongs and undertaketh the defence of the innocent would not have it to be so would not suffer wickedness to prevail nor permit the guiltless blood to be destroyed I may therefore infer by these examples and by the rare fortune which our
and Experience in Forraign Affairs 3 B BAgeus his Magnanimity and Resolution p. 161 162 Lords of Bearn heretofore of great power in France 37 The Duke of Bedford refuseth to meet the Duke of Burgundy 47 Bellemarine a Saracen marrieth the Daughter of Peter King of Spain and turneth Christian 140 Bernard King of Italy cruelly used by Lewis the Meek 163 Bernardin Mendoza the Spanish Ambassadour sent away not without just cause p. 211 His practises against Queen Elizabeth p. 212 213 He is compared to Richard Shaw and John Petit 189 Blemishes of divers great Captains p. 142 143 Brennus maketh war against the Romans 210 The Britans excuse the breach of their League with the Picts 99 The Duke of Britain refuseth to restore the Earl of Richmond to Edward the fourth and Richard the third 95 The Duke of Burgundy murthered by the Dolphin of France 38 Buchanan 's opinion concerning subjects taking up Arms against their Prince 202 203 C CAesar his prodigality in his youth p. 24 His four great Competitors ibid. His cunning practises to attain his greatness 25 The King of Calecut driveth the King of Cochin out of his Realm 95 Caligula 's cruelty 231 Caius Marius the Founder of Cities 5 Cambyses being jealous of his brother Smerdis murthereth him p. 89 The pattern of a cruel Governour 5 Campobasso forsakes the Duke of Burgundy in the fight against the Prince of Lorrain 253 Duke Casimire cometh into Flanders with an Army p. 155 A peace concluded between him and the French Ibid. Catholiques of England the Spaniards chief Enemies at the Invasion of eighty eight 218 Charls the Great the son of Fortune 5 Charls the fifth his policy to keep the Kingdom of Aragon p. 68 What Forces he had in his chief wars p. 121 122 His endeavour to subvert Luther and the Protestant Princes proves fruitless p. 224 225 His Civility to them afterwards p. 226 A deep Dissembler 252 253 Charls the sixth King of France his intention to invade England p. 190 The cause of his not proceeding falfly charg'd upon the Duke of Berry ibid. He is civilly treated by Henry the fift 34 Charls the seventh dis-inherited for his disobedience to his Father 36 37 Charls the eighth King of France his claim unto the Kingdom of Naples 56 Charls Prince of Tarento crown'd King of Sicily by Pope Clement 54 Charls Earl of Flanders cruelly murthered by rebels 124 Charls Duke of Burgundy slain by the treachery of Nicholas Campobasso 253 A brief Character of the chief Princes and States of Christendom 4 A Character of the Spanish Monarchy 84 85 Cinibaldo Ordelafi obtaineth the Cities of Furli and Cesena 53 Pope Clement favoured by the French against Pope Urban 54 Clement the seventh's practises against the Emperour Henry the fourth 177 Cleomenes his trechery toward Ptolomy King of Egypt 200 The Climate not the only proof of VVits 259 260 The King of Cochin harboureth the King of Calecut 's enemies 95 A Comparison between the Duke of Guise and other great Rebels of other Countries 23 26 27 Conrade the Emperour's Law the Emperours Law concerning wicked Princes 204 248 Conradin of Suavia vanquish'd and beheaded by Charls brother to the King of France 55 Constantinople taken in the time of Frederick the third 252 Contention about the Kingdom between Alphonsus of Castile and Garcias of Navar p. 135 Between Artobarzanes and Zerxes ibid. Between John Baliol and Robert Bruce of Scotland p. 136 A contention between Alonzo de Vargas and Julio Romero 116 Conversation allow'd between men of different opinions in Religion 130 132 133 Councels chosen to rectifie the mis-government of Princes 206 207 Cruel Governours the destruction of many brave Nations p. 126 And the occasion of sundry Rebellions 127 Cruelty of the French where they have the upper hand 34 35 Cyrus his Birth and Fortune p. 87 88 89 He is stiled the Father of Common People p. 5 His humanity to Astyages and to Croesus 200 D DAgobert leaveth the Kingdom of France to his youngest son Clouis p. 39. He commandeth all those of a different Religion to depart the Kingdom within a time limitted 129 Darius his policy in revenging the injury of Oretes 161 Signior Darrennes his commendation of Henry the third of France 170 Kings Deposed in several Nations 203 204 The Diet at Auspurgh a politique pretence of Charls the fifth 253 Dionysius the pattern of a Tyrant 5 Disobedience to Parents severely punished p. 40 The Disobedience of the Spanish Souldiers 116 Dissentions and troubles easily revived in France 261 262 The Dolphiny bequeathed to Philip de Valois 50 Dunorix spared by Caesar for his brother Divitiacus his sake 162 209 E EDward the third his success in France p. 10. He taketh his advantage to invade the Scots notwithstanding the League between them p. 98 He is favoured by the common people of Flanders against Philip de Valois 261 Edward the fourth's suspition of Henry Earl of Richmond p. 68 His politique proceedings to regain the Kingdom of England 221 Queen Elizabeth of England blamed for making a League with France and the United Provinces p. 3 The most considerable Enemy of the Spaniard p. 82 83 Her Vertues and Power extolled and compared wiâ—h the mightiest Princes of former ages 85. The attempts of many against her life p. 86 Her attempts against Spain and Portugal justified p. 91 93 Her assisting of Don Antonio justified p. 94 And her protection of the Low Countries p. 102 103 Her intercepting the Spanish money going into Flanders excus'd p. 105 The English Fugitives answer'd who charge her with the raising of new Subsidies and Taxes 183 Divers Emperours have admitted Haeretiques in their Realms to preserve quietness among their subjects 133 134 Embassadors justly slain upon some occasions 210 Enemies not suppressed but augumented by Caligula's cruelty 231 England 's Title to France how it came to be neglected p. 43 45 46 47 c. It s strength and security above other Nations p. 219 The last of the Romans Conquests 220 English Armies coming into France compared by du Haillan to wild Geese resorting to the Fens in winter 83 84 Englands possessions in Forraign parts 44 Ericus King of Norway demandeth the Kingdom of Scotland in right of his daughter 198 Duke Ernestus the fittest match for the King of Spain 's daughter 257 Escovedo 's murther censured p. 3 His credit greater upon the Burse of Antwerp then the King of Spain 's 112 The Duke of Espernon rendred suspected to the French King p. 157 He discovereth the practises of the Guises 165 Eude Earl of Paris made King of France instead of Charls the Son of Lewis 42 Eumenes his stratagem to preserve his life 65 The Excommunications of the Pope invalid 171 The Expences of divers Princes and States in their Wars and Buildings and other occasions 113 F FAbius Ambustus the Roman Ambassadour the occasion of the war between Brennus and the Romans 210 Fabius Maximus the
Princes are as you see many their Designs as you have heard too viz. to conserve and to increase their own and the means to effeâ—t and accomplish their Desires as you shall understand many in number and divers in nature Of the Princes their Designs and their Means I will deliver unto you my opinion in General and in Particular Generally You see and I consider that by the Competencies Pretensions Titles Quarrels and Debates of all these Princes the general Estate of Christendom is greatly weakned and the strength of the common Adversary daily increased That all their Realms and Dominions are either molested by continual Wars within the very Bowels and poor inward parts of the same or grieved with intollerable charges in sending out Men and Munition with other things necessary unto the said Wars That their Subjects are greatly impoverished by reason of these Charges and their hearts sorely oppressed with grief and anguish because of these troubles Lastly That some of these Princes fain would and cannot others can and will not redress those Enormities Now seeing all this you cry out with the time against the time with the time you accompany their just complaints with your sorrows who lament the iniquity of the time and against the time both you and they say that it is more wicked dangerous and troublesome then ever it was You think it impossible to find a Magistrate so just as Aristides An Emperor so good as Trajan A King so fortunate as Augustus A Prince so valiant as Alexander A Captain so chaste as Scipie A Councellor so faithful as Hephestion A General so expert as Hannibal A Conqueror so merciful as the Romans You see no Princes in this our corrupt Age surnamed Gods as was Demetrius amongst the Athenians The delight and love of the people as was Titus amongst the Romans The wonder of the world as was Otho the third amongst the Germans The Founder of their Cities as was Caius Marius amongst the Romans The Father of the common people as was Cyrus amongst the Persians The Son of fortune as was Charles the Great amongst the Bohemians The Buckler of the Common-wealth as was Fabius Maximus Or the Sword of the Country as was Marcus Marcellus You rather find that some Princes may be called Tyrants as was Dionysius The Scourge of God as was Attila Epicures and God Bacchus as was Antonius Lords and cruel Governors as was Cambises Covetous and Merchants as was Darius Lecherous and Effeminate as was Sardanapalus You see no Honours done unto Princes of our time as was done in times past If they be in Adversity their Subjects put not on mourning weeds as the Romans did when Manlius was in trouble If they be in Prison the Clergy giveth not their Treasure and the Commonalty the fourth part of their goods for their Liberty as the Clergy and Commonalty of England did for the Ransome of R. 1. If God calleth them to his mercy neither do the women bewail their deaths ten Moneths together as the Roman Dames did the death of Coriolanus nor the men poll their Heads their Horses and their Mules or fill the Air with cries the Rivers with tears or the Fields with continual lamentations as the Persians did for Masistias But contrary wise some of them are wrongfully driven from their Kingdoms as in Don Antonio of Portugal others continually molested with Domestical Wars as is Henry King of France some untimely done to death by their unnatural Subjects as was the late French King others unjustly persecuted by their unmerciful enemies as is the merciful Queen of England you see the Godly called ungodly as the Princes of France and England are commonly termed Heretiques and those which are far from the Catholique faith called Catholiques as the present King of Spain and a few of his Predecessors You see Subjects licensed to rebel against their Soveraigns as in France and England You see Fathers bear Arms against their children and Brethren war against the seed of their Mothers Womb as they do in France and Flanders You see Fields that were wont to be fruitful to lye now barren and unfertile Cities that were rich and populous to be poor and desolate Merchants that lived in wealth and prosperity to languish in need and penury Gentlemen that neither wanted ease or pleasure to lack all manner of rest and contentment And lastly Men Women and Children that knew not what murther and massacres meant cruelly murthered and daily massacred You see Germany pestered with divers Religions Poland infected with sundry Heresies France divided into many opinions Flanders distressed by plurality of Religions and England troubled with Genevian Puritans and obstinate Barrowists You see in all or some of these Regions Monasteries subverted Religious Houses destroyed Ecclesiastical living abused and Benefices unworthily collated You see Justice corruptly administred Laws dissolutely executed good counsel negligently followed and dissembling flattery more then diligently embraced You see new charges daily invented unaccustomed Subsidies yearly imposed extraordinary grievances hourly practised and unknown Offices unadvisedly established You see secret wars under the name of peace hidden enemies under the colour of amity privy seditions under the pretence of ancient confederacies You see Nobility to degenerate in vertue from their Ancestors Sons to vary in opinion from their Fathers Neighbours to dissent in Religion with their next Inhabitants and Judges not to agree in matters of Justice with their fellows in Office You see the Puritan ready in outward appearance to dye for his Religion the Anabaptist for his the Papist for his the Lutheran for his the Barrowist for his and other Sectaries for their several Sects and Heresies Briefly you see Offices dearly sold which were wont to be freely given Women impudently bold which were accustomed to be honestly minded Men transformed into mis-guised Atires and children brought up and misled in unknown vices and impersections Now seeing all this you fear that variety of Religions may subvert the Countries wherein it is suffered as it did in Bohemia and Hungary That new exactions may chance to cause a Rebellion in the Regions wherein they are levyed as it did in France and Flanders That Princes degenerating from their Antecessors may be driven from their Imperial Crowns as they have been in Spain and Germany That Towns not inhabited may cause penury amongst the Nobility want amongst the Merchants and extream poverty amongst the other Inhabitants as they do in France and Flanders And lastly That all and every one of these Mischiefs and Miseries may breed further inconveniencies as they have done in other Countries in which they have been either in old time or within our memory practised This sight therefore and this fear ingendreth in your heart a just and worthy dislike of the present time and a great desire and delight in the Age of your fore-Fathers You condemned
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
not be thought lawful for his Father to inflict upon him the like punishment The one of them denyed his Father in law such help as he demanded The other purposed to have poysoned his own Father The unkindness of both was not in all degrees equal yet their punishments were in all respects alike The Father of the one incurred no loss by his Son in lawes disobedience and the Father of the other lived not a minute of an hour the less notwithstanding his sons wicked purpose But Charles the 6ths case was in many respects lamentable and his Sons ingratitude for many causes worthy of greater punishment then the loss of a Kingdom for the murdered the Duke of Burgundy one of the chief Peers of France and when he was summoned by Proclamation to shew some cause before his Father and the Nobles of France why he had committed so horrible a murder did not only not appear at his Fathers Summons but also defended his cruelty in killing the Duke and his disobedience in not appearing at his Fathers Commandment by force of Armes For which unnatural Rebellion not his Father alone but the whole Council and Nobility of France gave judgement that he should be banished the Realm and reputed unworthy to succeed his Father either in the whole Kingdom or in any part or parcel thereof which done and Judgment being both begun and ended with all such solemnities as in the like cases are required must of necessity be held and reputed most just and equal since both Law and mans reason neither hath not can invent any better means to chastâ—se and correct the unnatural disobedience of rebellious children towards their Parents then by depriving them of their Patrimony descending from their Parents And if Princes should be debarred of this manner of correction they should be in far worse condition then their poorest Subjects for Princes Children having more occasions to lead them to wickedness then their Subjects Children have if they should not be restrained by dis-inheritance would undoubtedly go far beyond all others in lewdness and unhappiness because Princes and Noble-men whether they give themselves unto vertue or unto vice most commonly excell the meaner sort in both as it may evidently appear unto such by reading the lives of Princes and Peers of all Realms and Kingdoms shall find such rare Presidents of vertues and vices in them as far exceed mans reason or will hardly be credited or beleeved of any man Was there ever any private man comparable to Nero for cruelty or to Vespasian for mercy to Solomon for wisdom or to Childerick of France for folly to Trajan for goodness or to Cambyses for murder to Tarquin for pride or to Lewis of France for meekness to Caesar for liberality or to Caligula for avarice to Marcus Aurelius for moderation and temperance or to Commodus for prodigality and dissoluteness Briefly to Antonius and Titus for lenity and clemency or to Dionisius and Tiberius for rigor and severity For undoubtedly as long as the provocations to vices and the allurements to vertues are more and greater in Princes then in private men so long will the one far exceed the other in vertues or in vices Then since it is behoveful for every Common-wealth to be ruled by good Princes it must also behove good Parents to be careful to leave good children to succeed after them and not to be so affected to the eldest of their children because he is the first of their strength as to make him and no other but him their sole Heir and Successor although he alone be wicked and ill given and the rest wise discreet and vertuous so he unworthy to Govern and they most fit to Rule because he would overthrow and they uphold the whole Estate and Kingdom The Consideration hereof moved the good Emperour Marcus Aurelius who had a good and a bad Son when he was visited with a Disease that was mortal greatly to lament his own death not because he was loth and unwilling to dye knowing as he did that death was the end of all miseries and the beginning of everlasting felicity but for that he was bound by the custome generally and time out of mind received and allowed by his Predecessors contrary to his will and desire to leave the Empire of Rome which had been ruled a long time by his many years and great experience to be Governed and Ruled by the indiscreet youth and youthful indiscretion of his bad Son Commodus The Consideration hereof caused Iames King of Aragon and Sicily to perswade his eldest Son Iames who was more fit to live sequestred from the company of men in a Monastry then to sway a Monarchy to leave the world and betake himself to a Monastical life suffering his second Brother Alphonsus upon whom God had bestowed sufficient gifts and qualities capable of a Kingdom to succeed his Father in both Kingdoms The Consideration hereof induced Robert King of France to make his second Son Henry his Heir and Successor in the Kingdom because he knew that God had endowed him with a far better spirit and wit more fit to Command and Govern then his eldest Son Robert had upon whom he bestowed the Dutchy of Burgundy The Consideration hereof moved not only Lewis surnamed the Gross King of France but also all the Peers and States of the same Realm to make Lewis his second Son King because Robert his eldest Son was by him and them for want of judgment and understanding judged unfit and unworthy to bear or sway the Crown of France and therefore he and they held it sufficient to bestow upon him the Earldom of Dreux Lastly the Consideration hereof moved Dagobert King of France to intreat Sigisbert his eldest Son who not being able in his opinion to Rule and Govern so great a Kingdom as France and yet desirous to have the name of a King to be contented with the small Kingdom of Austrasia and to resign and give over his Right and Title to the Kingdom of France unto his younger Brother Clouis Considering therefore That the Gifts which are required in a Prince are many and very difficult to be attained That very few have wit and wisdom sufficient to govern a Kingdom That of these few some use their wits to attain to their purpose and when they have gotten their desire leave both to be wise and vertuous as I could declare by many Examples if it were not to digress from my purpose And lastly that the vertues of the Parents are obscured and blemished by the childrens vices and the Predecessors Conquests are oftentimes either lost or diminished by the Successors folly and pusillanimity It were a shame for the Father a detriment to the Common-wealth a wrong to the Kingdom and an injury to the vertuous child where there is a good Son to succeed a vertuous Father to bind the same Father to leave little or nothing to his good children and a whole
Kingdom to him that is neither worthy nor well able to rule the thousand part thereof And if at any time it be lamentatable yea scant tolerable to prefer wicked children before them that are vertuous and to lay a heavy charge and burthen upon their shoulders who are not able to take up much less to bear the same not for a day but for the whole term of their natural life truly it is much more to be lamented yea in no respect to be suffered that such a Son should be set over others to rule and govern them who could nor would never govern himself well to exact and require obedience of his Inferiors who was always disobedient in the highest degree of disobedience unto his Superiors to manage husband and increase the Treasure of a whole Kingdom who hath prodigally wasted and consumed his own private Patrimony Lastly to induce others by his example to live honestly justly orderly and virtuously as Princes either do or should do who never esteemed honesty cared for justice respected order or embraced vertue Iohn Bodin in his Book de Republica writeth that a disobedient child of France being sued by his Mother for using himself unreverently towards her and especially for easing his body in a mess of Broth which she had provided for her self was condemned by a competent and wise judge to make her honourable amends from which sentence the wicked Son disdaining to ask his Mother pardon and forgiveness appealed unto Paris where it was found bene appellatum and male judicatum not that the Judges there thought that the Appellant had just cause to appeal because he was enjoined to submit himself unto his Mother but for that they were of opinion that the Judges from whom he had appealed had not inflicted such punishment upon him as he deserved And therefore considering his former disobedience and also his unkind and unnatural perseverance therein indiscreetly shewed in refusing to make so slender a submission they altered the former sentence and gave judgment that he should be presently hanged which was accordingly executed This sentence was highly commended by Bodin and worthily allowed and praised by as many Frenchmen as did ever read the same in his Book And how can they dislike the Judgment given against Charles the seventh not by any inferior Judge but by a King not by a Parliament of Paris the Judges whereof may so hate an offence that for the very and sole indignity thereof they do likewise hate the offender but by a Father who had rather conceal then reveal and pardon then punish his childrens offences neither by a Father alone but by the whole Peers and Nobles of a well ruled Kingdom not lightly and without advice but deliberately and with great discretion and wisdom Briefly not in hatred of the offender but in regard of the whole Common-wealth which might perish under the hands and government of an unwise unruly and unnatural Prince in whom there could be no hope of love towards them or their Country because he had given manifest signs of want of love towards his Father whom nature and other respects bound him to love honour and reverence for Princes as well as private men and the children of the one as well as the off-spring of the other are equally and undoubtedly bound to obey Gods Laws and Commandments And if both in one manner presume to break the same both without all doubt and controversie are subject to one and the same measure of punishment But it may be said Laws are made by Princes and not for Princes and to bind their inferiour subjects and not themselves or their children who for their Fathers sake for the priviledge of their birth for the worthiness of their place and in regard of the authority and preheminence whereunto they are born may and ought to challenge and enjoy far greater immunity yea and somtimes more impunity then other Peers or private men certainly reason permitteth and humanity perswadeth to favour a Prince much more then a subject But it was both the Will and the Law of a worthy Prince That nothing commendeth the Majesty of a Prince more then to submit himself to the observance of his own Laws and there can be no better means to induce subjects to shew their obedience unto their Princes Laws then the example of their own Princes not vouchsafing to violate the least branch that is of their own Statutes and Constitutions Was not that King highly commended by his own subjects praised by his posterity and worthily extolled even in our age not meaning that the son who had by breach of the Law deserved to lose both his eyes should escape unpunished which might be offensive unto his subjects but intending to moderate and qualifie the rigour of the Law because he was his Heir which for some considerations is tolerable in Princes plucked out one of his own eyes and another of his Sons thereby satisfying if not the rigour yet the equity of the Law and thereby moving his subjects to compassion in regard of himself and to obedience to the same Law in consideration of his justice I have stood too long upon the confutation of this last objection and yet have touched but one part thereof and therefore I will run over the other part lightly because in refelling the same I shall need but to make a brief repetition of that which hath been said already for if you remember that not Bernard the Nephew but Lewis the Meek succeeded his brother Pipin eldest son to Charlemaigne and father to Bernard That Pipin and not the right Heir was king after Childerick that Hugh Capet and not Charls Duke of Lorrain enjoyed the Crown immediately after Lotharius That Dagoberts second son and not the eldest possessed the Royal Scepter after him That Henry the younger and not the elder brother ruled after king Robert their Father and that Lewis the second and not Robert the eldest child of king Lewis the Gross was called to the royal Scepter and Crown of France and also if it may please you to call to remembrance that Pharamond with divers others before-mentioned were chosen kings you shall easily see and perceive that there hath been no such custome or at the least-wise the same not so inviolable as it is suggested for the next of the Blood to succeed always in his own right and not as Heir to hid Predecessor In like manner if you please to understand that Theodorick the first king of France of that name because he was a man wholly given over to pleasure of small worth of less value and of no sufficiency capable of so great a Kingdom as France was and is was by the States of his Realm deprived of his Royal Crown and Dignity and put up in a Monastery That Lewis surnamed Do nothing because he had make France Tributary unto Normandy was also driven by the States to give over his Kingdom and to lead the residue
Holds not comparable to Paris and other such like places The nineteenth An unprofitable marriage concluded betwixt our King and Margaret daughter unto Rainer king of Sicily and Ierusalem by the means of the Earl of Suffolk corrupted as it was thought by money for the King had nothing with her but delivered for her the Dutchy of Anjoyne the City of Mouns and the County of Mayne which Countries were the very stayes of the Dutchy of Normandy The twentieth The Earl of Arminack with whose Kinswoman the King should have married by reason of the aforesaid marriage became the Kings enemy and the chief cause of the loss of the Dukedom of Aquitain The one and twentieth The Queen disdaining that the King her husband should be ruled by the Duke of Glocester never left till she had brought him to his untimely death The two and twentieth The Dukes death which divers French Noblemen hearing of revolted from our King whose Realm was as he knew divided within it self because Richard Duke of York allyed by his wife unto the chief Peers of the Realm began to contemn the King who was ruled by his wife and to lay claim privily unto the Crown whereby mens minds were not attentive unto Forreign affairs but wholly given to prevent and keep off proffered wrongs at home The three and twentieth The King himself who being more given to a purchase of an heavenly then of an Earthly Kingdom regarded not the matter but suffered the Queen to be governed by ill counsel The four and twentieth The sudden and as it were in a manner the miraculous coming of the Virgin of Orleans unto the Dolphin who wrought him very strangely to leave those follies whereunto he was vainly given and to betake himself with more courage and diligence unto the violent pursuit and following of his cause And because as of a few sparkles somtimes ariseth a great fire so of very light occasions now and then come wondrous effects I will briefly declare unto you the history of this Virgin and also the means how she being a base and mean Maiden was reputed to be sent from heaven to work such wonders as I may say in some manner with the Dolphin This Maiden was a poor Shepherds daughter and alwaies brought up to attend and keep her Fathers Sheep until a Gentleman of some accompt and worth dwelling not far off thought it expedient by reason of a bold spirit which was seen and observed to be in her somwhat exceeding the common courage of women to use her as an instrument to bring the Dolphin who lay at Borghes besotted with the love of a very fair Damsel and careless of his own estate and of the honour of his Realm from that wretchless security unto a better trade of of life and a more earnest desire of the recovery of his losses First he made the Maiden privie to divers secret qualities of the Dolphin which he being an ancient and continual Courtier had observed from him in his Infancy Then by shewing her every day his Picture as truly and lively drawn as might possibly be done he acquainted her so well with the form and shape of his face that she might easily know him although he were never so much disguised amongst a number of other Courtiers And thirdly he learned her many other things far beyond the reach and capacity of a poor simple Maiden and taught her both to foretel and to do such things as made her to be taken for a very wise woman in the Country This done he resorteth to the Court acquainteth divers Courtiers with his purpose and intention and how that he considering that many other policies and devices had failed to make the Dolphin to be more careful of the present lamentable estate of France had with much labour travel and study invented a very ready way to stir him up to diligence and care of his Realm and Country and to enforce or perswade him to forsake those pleasures which had not only seduced and mis-led him but also the most and better part of his Nobility by whose negligence France was already fallen into bondage servitude and thraldome This matter saith he must be brought to pass not by humane policy but by perswading the Dolphin as I have found a means how to do it that God hath sent a Virgin as it were from heaven to be his Guide and Leader against his enemies whom as long as he should follow he should undoubtedly be accompanied with good and fortunate success Having won divers friends of his to allow of his device and to consent to the putting of the same in execution he and they spread a rumour in the Dolphin's Court of many strange things which they said had been already done by this Virgin which report came in time to the Dolphin's ears who being as Princes and others commonly are very desirous to know the truth of this report sent for this Gentleman because it was told him that he dwelt very nigh unto her and asked him what wonders she had wrought He verified the common report and added further That she must needs have some secret vertues more then other men or women could commonly have for that she had told him divers secrets of his own which he never told unto any man Which seeming somwhat strange unto the Dolphin he to make up the matter assured him that if she were called from her Fathers poor cottage to the Court he would not think any thing untrue that was reported of her for I dare undertake said he that she shall tell you your own secrets and know you and reverence you as King although she never saw you in her life and albeit you disguise your self in the habit of the meanest Courtier within your Court And further I have heard say that she can and will direct you a course how you shall within a very short time drive the Englishmen your enemies out of France The Dolphin somwhat astonished with the strangeness of this tale and very desirous to see the Maiden caused her presently to be sent for disguised himself in a mean apparel and willed one of his chief Noblemen to be honoured apparelled and accompanied as King upon whom he amongst the rest attended in proper person The Maiden being brought to Court in a strange attire made for the nonce and apparelleld like a Souldier and instructed in some points of Chivalry by the Gentleman before she came thither and especially in the fashions of the Court and other circumstances of the same so demeaned her self that it may be said of her Non minuit sed auget praesentia famam She findeth out the Dolphin presently in the midst of the thickest thâ—ong yeildeth him reverence due and usually shewed unto a King Who ravished with the strangeness thereof for that it was certainly known that she was never in the Court nor had at any time seen him talketh with her findeth her wise in her answers and able to
tell â—im mâ—st part of his secrets and to be short she being seconded by the Gentleman and others whom he and the pity they had of the poor estate of the Country had made willing and ready to joyn with her in such petitions and motions as she had made unto the Dolphin setled such an opinion of wisdom and holiness in him that he presently took her for a guide sent from heaven to direct him in all his doings and by her perswasions left his Love and followed this maiden to the wars who being always accompanied with good Captains and counselled by them what directions she should give to the Dolphin to the end she might win credit with him at the first sped very well in many things which she attempted and especially in raising our siege at Orleans where I have seen her picture in brass mounted upon a very large brazen horse and there is yearly as I have said before a solemn Feast and procession kept in remembrance of her that she drave the Englishmen from thence The Dolphin being thus animated by her and encouraged by the good success which followed her for a while proceeded so manfully that he never left until he had recovered all the Kingdom of France So he by her sped not ill but she for him had no good end for being in the end taken by the Englishmen and arraigned at Roan upon divers articles of witchcraft was found guilty and there burnt for a witch A strange metamorphosis and not so strange as ridiculoâ—s But if you consider how many things Scipo perswaded a few Roman Souldiers to do which were almost impossible to be done by a few only by telling them that he had often and secret conference with a Goddess who counselled him to put those things in execution and promised him good success in those enterprises you may easily think that his policy might work the effect which it wrought It is written of Mahomet the God of the Turks that he grew to the credit and reputation of a God by as mean a device as this for he carryed a shew of holiness was better learned then their Teachers were had the gift of Eloquence secretly had insinuated himself into the favour of the people and to perswade them that he had secret conference with God and that whatsoever he Preached unto them was put into his mouth by the Holy Ghost he had used a tame Dove to come and stand upon â—is shoulder ever when he Preached unto them and to join his Beak and Head unto his Ear as though it did whisper something into his Ear Whereby he won such credit that not only his Laws were thought to proceed from the inspiration of the Holy Ghost but he ever sithence hath been honoured for a God It is written again of Kemitius King of Scotland that when he had oftentimes endeavoured by divers ways to induce his Nobility to think well of his intended Wars against the Picts and could not by any manner of perswasions prevail with them he invented a policy never used or heard of before he called his Council and Nobility together to consult of matters of weight and held them in consultation until night then he provided a great and costly Supper which of set purpose he caused to continue until the night was very far spent insomuch that they being overcharged with meat and drink fell all asleep then he commanded that into every one of their Chambers there should go a man apparelled in a long Gown made of fish skins with the scales still remaining upon them who carryed in one hand a staff of rotten wood because that it as the scales of the fish do in the dark maketh a kinde of glittering able to astonish those who never saw the like and in the other hand a great Oxes horn out of which the man speaking should give a sound and voice far differing from the voice of a man These men so apparel'd entring into the Counsellors chambers spake in a great and grave voice and said That they were Messengers sent thither from Heaven to tell the Scottish Nobility that they ought to hearken to the advice and Counsel that Kemitius their King gave them and to aid and assist him to recover his Kingdom out of the hands and possession of the Picts When they had thus said every one of them as he was taught hid his staff under his Gown and gathering the fishes scales together in such manner that it seemed unto the beholders that as the glittering so they suddenly vanished away In the morning the Nobility met together and every one of them telleth the King what he had seen and heard that night he wondred thereat as though he had not known thereof telleth them he had the like vision but thought not good to acquaint them therewith lest that they glorying too much in the special favour which God shewed unto them should by revealing the same before it was time unto over many greatly offend his heavenly Majesty but that he meant to shew unto them what he had heard and seen when the Wars were happily undertaken and ended The Nobility confirmed in the opinion of the Miracle by the Kings report yeilded presently unto his Counsel and with all possible speed made great preparation for the Wars against the Picts But now from these by-tales again to my purpose which I might dilate and beautify with examples confirming every one of these 24. Causes to be sufficient to lose a Kingdom but your own reason and experience is able to assure you thereof and therefore I will proceed no further in this Point Saving that I have thought good to clear one thing which perhaps may seem doubtful unto you for I think it wil seem strange unto you why I call him by the name of Dolphin whom the French Chronicles call Charls the seventh you know that our Kings eldest Son during the life of his Father ever sithence that Wales was first conquered by England was called the Prince of Wales And so the eldest Sons of the Kings of France have bin called Dolphins of France since that Imbert and Humbert dyed without Heir and gave Dolphiny unto Philip deValois King of France with condition that the eldest Son of the Kings should be called Dolphins which name was given unto Charls the seventh during his Fathers life when he was dutiful and retained after that he grew to disobedience and rebellion yea continued by our Writers and Chroniclers after his decease for me thought it not convenient to call him King of France because our King was then entituled by that name but we vouchsafed him still the name of Dolphin even as the Spaniards having deprived the present and rightful King of Portugal of his Kingdom calling him still by the name of Don Antonio as he was called before the Kingdom fell unto him by descent and the Leaguers call the now King of France not by the name of
down in Don Antonio's Apologie unto which I refer you Although there be at the least twenty points therein of no small moment which in my opinion are not sufficiently cleared nor substantially handled yet therein you shall easily perceive how king Philip in getting the same kingdom imitated as I said before his father I must likewise refer you to the history of Hernan Logeres touching the discovery and conquest of the Indies for it were too long for me to tell you what small forces went thither out of Spain first and how the Leaders of those slender Armies taking advantage of the divisions which they found betwixt the kings of those Countries did easily overthrow some with the help of the other There you shall see how a number of naked men fly like sheep before a few armed souldiers there you shall read that even amongst those barbarous people and princes there wanted neither deceit nor policy there you shall find that the Spaniards being far from their Country and not many amongst an infinite number of mortal enemies strived and contended amongst themselves for superiority which argueth an unsatiable desire of rule and government and their natural proneness to mutiny although they challenge an especial praise above all other Nations for their obedience to their Superiours there you shall see the fruits of division the effects of tyrannie the force of terror and fear and the vertue of good and expert souldiers fighting against rude and ignorant multitudes there you shall observe in some of these unchristian Princes more loyalty friendship constancy and perseverance in their honest and lawful enterprises then hath lately been found in many Christian Princes there briefly you shall find enough to satisfie you how the Spaniards came to the possession of the Indies if withal it may please you to understand that Pope Alexander the sixth being a Spaniard and chosen Arbitrator betwixt the Kings of Spain and Portugal at what time they were at variance for and touching the division of the Indies the said Pope shewed himself too too partial unto the Spaniard and gave him much more then the Portugal thought that in reason and conscience should have been allotted unto him Now from the Indies and the aforementioned Kingdoms unto the Earldoms and Dukedoms And first to the Dutchy of Millan a State which hath suffered many alterations of which I may not speak without digressing too much from my purpose and because I hasten unto many other points whereof I intend by Gods grace to discourse at large I may not be over-long in this point The Dutchy of Milan was anciently a member of the Empire and none was held lawful Lord or Duke thereof which had not received his investure and approbation from the Emperour It would be both long and tedious to relate unto you the many competencies for this Dukedom the sundry Pretendants thereunto and the mighty Partakers of these competitors whereof leaving ancient quarrels aside and not troubling you with the Titles of the Viscounts with the pretentions of the Sforzas nor with the claims of the Predecessors of Francis the first king of France and of Charles the fifth Emperour I will only tell you that the former challenged the same Dukedom in right of the Lady Valentine wife unto the Duke of Orleance and the later pretend right thereunto because the contract of Marriage betwixt Valentine and the said Duke was not confirmed by the Authority of the Emperour because the Emperour had never granted unto the before-named Duke the Investure of the said Dukedom These reasons indeed are sufficient in Law to deprive a Vassal of his Seigniory if by voluntary negligence or wilful obstinacy he refuse to do homage or to demand the Investure of his hold and Tenure of the Lord and Sovereign But there are many occasions which may excuse this demand upon which I shall not need to stand because they are not pertinent to this purpose which is only to shew you whether the Spanish King came rightly or unrightly unto the Dukedom of Millan The which difficulty may be cleared in this manner Let the Spaniard shew that his Fathers Allegation was lawful then shall it follow that his War for the same with the French King was also most lawful And so consequently his getting the same by force of Arms likewise lawful Let him shew that it was gotten with the Forces and Expences of the Empire then it shall follow that it belonged unto the Empire Let him shew that his Father having purchased his Dukedom in right of the Empire and at the costs and with the help of the Souldiers and Captains thereof had full Authority to alienate the same and to bestow it upon him his lawful Son and that he so did then shall it follow that he is true owner thereof But I fear me it will be very hard and difficult for him to shew all these particulars and therefore I dare not deliver it for any sound opinion that he hath right thereunto unless he shall plead the Renunciation and Resignation made thereof by the said Francis at what time the Treaty of Peace was concluded betwixt his Father and he the said Francis at Cambray At which time the said Francis for himself and his heirs renounced demised released and resigned into the hands and possessiâ—n of the sâ—id Charloâ— and of his Heirs all Rights Titles and Interests which he or they had or might have unto the Dukedom of Millan From which Dukedom I will now come to the Dutchy of Burgundy and to all the Earldoms and other members implicatively contained therein and lawfully invested in the Duke thereof For Charls last Duke of Burgâ—ndy who was unfortunately slain by the Switzers was Earl of Flanders and of Holland Duke of Brabant and Lord of all the united Provinces by reason whereof and of those laudible qualities which he possessed he thought himself inferiour to no Prince living in his time and never had been overthrown as he was had he not dwelt too much in his opinion had he not presumed too much of his own strength had he not thought too basely of his enemies and had he not made so slâ—ght account as he did of the French Kings subtle and secret practises against him which indeed were so politique so wise and so secret that a French Historiographer writeth That the French King still sitting in his Chair at home and suffering the Duke to follow his own humours and suborning and procuring him daily new Adversaries did him far more much harm then they who did openly and directly bear Arms against him This Duke being slain as is above-said in an unfortunate time for the house of Burgundy and for a very small occasion for the Wars wherein he was slain were but for a Cart loaden with sheep-skins left issue but one Daughter whom Maximilian the Emperour married and had by her issue Philip Arch-Duke of Austria who begat Charls the Emperour and
had in his life time many wars with divers Princes but none more notable famous and worthy of perpetual memory thâ—n his wars in France Italy and Germany For the wars which he had against the Turk are not properly to be termed his because his Forces alone were not imployed therein but the aid and help of the best and most part of Christendom His Forces in Germany were not above 9000 Horsemen and 50000 Footmen as Lewis Guicciardine testifieth in his Commentaries And although he used in these wars all his wit and policy to increase his own power and to weaken and diminish the strength of the Protestants performing the one by drawing into League with himself and unto his aid the Pope and other Princes of his own Religion And effecting the other as Sleidan writeth by great cunning and policy used in distracting many Princes concurring in opinion touching matters of Religion with the Protestants from their side and Faction yet the Protestants Army consisting of 10000 Horsemen and 90000 Footmen was far greater then his in number and had undoubtedly gotten the day against him when they joyned battel together had not divers of their Confederates left and abandoned them before the battel was fought Or had not the Duke of Saxony committed a gross error in joyning battel with him His Armies brought into France were many but none greater then at Laundresy and Marcelles In the first he was aided by our King And in the second by most of the Princes of Italy and other his confederates Insomuch that the King of France who had been first overthrown by him in Italy was constrained to implore the help of the Turk against him For when he came to Marselles he had as Dr. Illescas reporteth in the life of Paulus tertius in his Army about 25000 Almains 8000 Spaniards and ten or twelve thousand Italians the Almains gaâ—hered within the Dominion of the Empire the Spaniards within his own Realm of Spain and the Italians not onely in the Kingdom of Naples and the Dukedom of Milan but also in the Dutchy of Savoy and in other parts of Italy At Laundresey reckoning therein the Forces which he had out of England his whole Army came not to above 50000 as the said Guicciardine affirmeth These were the greatest Strengths that ever he gathered together and these are not so great but that our Queen without the help of any other Allie or Confederate hath oftentimes brought far greater Forces into the Field as both our Histories and the French and Scotish Chronicles do witness And Mr. de la Noüe his opinion before mentioned sheweth that the French King of himself is very well able to raise a far greater Army then any of these were against any of his Enemies I shall not therefore need as I might conveniently do in this place confer the Forces of England or of France with the strength of this Emperor who had never gotten the happy victory which he obtained against Franciâ— the first King of France had not the Italian Captains whom the French King put in trust deceived him by taking pay for many more Souldiers then they had in their bands a fault too much used in our Modern Wars had not the Switzers when there was most need of them departed to their own homes had not the French King given himself too carelesly to pleasures which caused his Forces to decrease and diminish daily or had not the said King very unadvisedly attempted in the cold Winter to besiege Pavia For the Marquess of Pescara understanding that the King of France being counselled thereunto by Captain Bonnevet was gone to besiege Pavia said unto his Souldiers We that were no better then men already conquered are now become Conquerors for our Enemy being therein ill advised leaveth us in Lody and goeth to fight with the Almains at Pavia where the French-men will not onely lose that Fury with which many times they work wonders but also will spend their chiefest Forces in a long and tedious siege of a Town not easie to be taken and in fighting with a very valiant and most obstinate Nation and in the mean while we shall receive fresh supplies out of Germany and without all doubt if the War continue long as it is likely to do we cannot but hope for a most happy and victorious end thereof Now if this Emperor in these Wars the worst of which was far more just then the best which the King of Spain hath lately undertaken could with the help and furtherance of all his Allies and Confederates make no greater Forces then are before mentioned nor with his Forces should ever have had so good success as he had if his Adversaries had been so wise and wary as they might have been Why shall his son King Philip be thought able to bring more men into the Field then were in those Armies or worthy of so good fortune as his Father had since his strength is in no respect comparable unto his and his Actions and his Enterprises have not the like colour and shew of Wisdom or of Justice as the Emperor had That the Father excelled the Son in strength all men will confess saving those wich carry a partial and prejudicate opinion of the present greatness of Spain for albeit the son hath lately added the kingdom of Portugal unto those Realms and Dominions which his Father possessed and left unto him although the Empire hath continued for these many years and is likely to â—emain still in the House of Austria and his very neer kinsmen in regard of whose Affinity and kindred he may boldly rest in as great hope and assured confidence of the Aid and Assistance of the Empire as he might if himself were Emperor Yet having so governed in Flanders that by reason of the long and continual Civil Wars those Countries cannot yeeld him such Aid of Men and â—oney as they did unto his Father who in all hâ—s Wars as Lewis Guicciardinâ— in the second Book of his Commentaries affirmeth had greater help both of Men and money from them alone thâ—n from all the rest of his Dominions he hath greatly impaired his strength and made it far inferiour unto his Fathers or unto that same which he himself was like to make before or at the first beginning of his Civil Wars For to omit that he can now hardly make such strength as the Duke of Alva or Don Iohn de Austria have had in their Armies in Flanders whereof the first had at one time 6000 horse and 30000 foot and the other as many footmen and 4000 horsemen more The decrease and diminution of his strength doth manifestly appear in this that the Low-Countries are now reduced unto that poverty and to such a penury of men that he cannot possibly fetch any reasonable great number thence to imploy them in forreign services but he is fain to bring in Strangers to defend his Towns against the united Provinces Iacobus Meyerus in the
Popes actions I have acquainted you with many Devices great Subtilties and fine policies but the finest deceits are yet behind For is it possible to have a better means to overthrow and ruinate a Princes Enemies then to make them perish without laying hands upon them without effusion of blood without spending of money without imploying his own Force and Authority There is no Victory but is honourable and yet of all Victories that is most commendable which is purchased with least effusion of blood or spending of money The Pope therefore aiding himself with this kinde of policy whenas some Prince or other being mightier then he will not bow under his yoak against whom he dareth not make open Wars he seeketh by all means possible to bring him into hatred with some other Prince he slandereth him spreadeth evil rumors and reports of him taketh away his good name scandalizeth his person and imploreth the Aid and Assistance of all Christian Princes against him he giveth his Kingdom to him that can or will invade the same he declareth him to be an Hereticke he depriveth him of his Scepter he taketh all his Titles from him he commandeth his Subjects not to obey him he suborneth his own Children to rise up in Arms against him he procureth his Subjects to seek his overthrow he causeth another to be crowned in his place and he excommunicateth both him and his Kingdom And if neither the Forces of his Enemies nor the rebellion of his Subjects the confederacy of many Princes against him nor the pollicies whereof we have spoken be able to supplant and suppress him then he procureth some one or other to kill him or to deliver him by some Treason into the hands of his Enemies Truly these are strange policies cruel devices and such kind of revenge as a man shall hardly find to have been practised by secular Princes and therefore that my words may carry the more credit since they tend to the discredit of the holy Father of Rome I will prove by the Testimony of authentical Histories all that I have said Boniface the eighth sollicited the King of England to wâ—rr against Philip the faire King of France And Pope Benedict who cared not whâ—t it cost King Philip so that his Popedome might bee honoured by the Holy Warrs which the said King had promised to make against the Turk defamed him through all the world calling him disloyall false and forsworn Prince Pope Hildibr and sowed great dissentions and immortal warres betwixt the Princes of Germany and the Emperor Henry the 4. and commanded the Electors to chuse another Emperor in his place and when that would not prevaile he suborned the Son to beare armes against the Father and to deprive him of the Empire Alexander the third procured the Millanois and other Cities of Italy to rebell against Frederick the Emperor and Alexander the sixt took the name and Title of most Christian King from Charles the eighth of France and gave it unto the King of Castile It is written that Innocent the fourth held a Councell at Lions in France and with the helpe of the Frenchmen thrust Fredericke the second from the Empire and caused Henry Landsgrave of Thuring to bee chosen in his place And we find in diverse true Histories that Pope Pascall Gregory the 7. Victor the 3. and Vrban the 2. had great variance and contention with the Emperor Conrad and Henry his son for the Collations and Installations of Bishops And when they could not otherwise huâ—t them they excommunicated both the Father and the Son But I have to tell you a more strange History a more wicked Action and such a one as beseemed not a Christian much less the Pope who calleth himself the Father of all Christians And that is an History of Alexander the 3. who was so furious indiscreet and frantick in prosecuting the hatâ—ed which he bore unto the Emperor Frederick Barbarossa that besides other malitious and wicked meanes by which he sought to have him killed whiles the good Emperor was busied in warring against the Turk for the good and benefit of all Christendom he sent word unto the Turk that he should look for no peace at the Christians hands so long as the Emperor lived and that therefore it behooved him to look for some meanes to surprise and kill him and to the end the Emperor should not escape the Turks hands unto whom hee was not known hee sent him his picture whereby the Turk found a way within a small time after to tâ—ke him Prisoner And although the Emperor feigned himself to be the Emperors Chamberlain yet that could not helpe him For the Sultan conferred him with the Picture which the Pope had sent him and thereby knew him And when the Emperor was sett at Liberty not without great charges to himself and greater detriment to the whole State of Christendom he assembled the Princes of Germany together and there shewed them the Popâ—s letters and likewise the Picture which he had sent to the Sultan There wanted no good will in Gregory the 7. that the Emperor Henry the 4. was not killed in hearing Mass by a great Stone which hee had caused to bee â—ung so cuningly and artificially right over the place where the Emperor should heare Mass that while he was upon his knees and at his devotion it should have fallen down upon his head but it pleased God to preserve the Innocent Emperor and to suffer the Store to fall upon the chief Workemans head whiles hee was making tryall of his skill and cunning What shall I speak of his unsatiable desire of Revenge who so much forgat God and the reverence which his best Predecessors bore unto the Sacrament of the Altar that he caused the same to be poysoned and a good Emperor to be poysoned therewith But what do I trouble you with Forreign examples with old and ancient Histories since we have some of later time some â—igher unto us some domesticall Testimonies which do sufficiently witness the Fury Enmity Hatred Cruelty and Tyranny of Popes Can any man desire a better proof of the Popes Avarice then the History of King Iohn This King as our Chronicles testifie was somewhat too severe to his Clergy and over-hard to the Nobility of his Realme insomuch that boâ—h rebelled against hâ—m and had their recourse for their better Ayd unto the Popes Holiness who presently excommunicated him and commanded all Christian Princes and especially the King of France to invade his Country The French King obeyeth this commandement and sendeth his Son Lewis with a great Army into England where he is received with great honor and aided by the rebellious Barons with all the helpe and power that they could make for him The King perceiving that he was too weak to encouunter with his own Subjects and with the Forreign supplies that were sent â—hâ—m and thinking that it was best for him to seek for helpe at his hands by whom he was hurt
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
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
the Laws of Humanity or Hospitality are or can justly be said to be broken if such a Prince be severely punished for since he first violateth these Laws himself he giveth thereby just occasion unto him whose death he seeketh by unlawfull means to use the benefit of Law for the shortning of so unthankfull a Guests life especially if before his attempt and conspiracy his detainor always used him gently and curteously But it was never seen say the Scotish Queens friends that a Prince flying from the violence of her Subjects or passing by another Princes Realm as the Scotish Queen did to go into another Country was detained prisoner It is a thing never heard of never practised in any Age or by any Prince were he never so barbarous never so void of Humanity This is a vehement Objection but not so vehement as ridiculous For as a private man cannot come upon his neighbours ground without his leave so Princes may not set their feet on their neighbours Territories without asking them leave and license and the Prince that shall presume to come into another Princes Country without his leave is thought too indiscreet and unwise although the occasion of his coming be never so just and lawfull It is written of Baldwine the Emperor of Constantinople that when he being driven from his Imperial Seat came into England to demand aid of our King the cause of his coming was very just and equitable but when landed at Dover word was sent him by our King that he had done unadvisedly and otherwise then it became a king of his Magnificence and Majesty to adventure to come into our Realm without making them privy before hand to his coming and because he vouchsafed not to ask leave it was held for a manifest sign of great pride and contempt Was there ever Prince that took a more just and necessary and commendable voyage then Richard the first king of England did unto the Holy land Was there ever any journey of which followed better success then of that his voyage Had ever Prince more just occasion to hope to pass by another Princes Country without danger or detriment then he had And yet as he returned although he was disguised in apparel to the end he might not be known and pass safely he was intercepted by Leopald Duke of Austria and held a long time in prison by him and afterwards dilivered unto the Emperor And albeit that the Pope and other Princes considering that he was unlawfully detained became Mediators and Intercessors for his liberty yet he could not be delivered before he had endured twenty two moneths imprisonment and had paid better then one hundred and fifty thousand pounds for his Ransom Both our Chronicles and the Scotish Histories report that Iames son unto Robert King of Scotland when his Uncle being Governor of the Kingdom had murthered his Elder brother and purposed to have made him away also was sent by his father into France or into England with letters of recomenmdation unto both Kings wherein the poor and distressed Father besought both Kings to have compassion of his wofull and unhappy estate and to receive and entertain his Son with all kindeness The young Prince after that he had been but a small while upon the Seas not brooking them very well commanded the Master of the ship to land him in England He is presently brought unto the presence of King Henry the first to whom he shewed his Fathers letters The King having perused them called his Councel together they deliberate what were best to do with the Prince some think it good to send him into France others whose opinion was followed perswade the king to detain him as prisoner I might alledge a number of Examples like unto these two but they may suffice to refute this frivolous Objection And the late Queen of Scots might have learned of either these Princes how to have carried her self in the time of her Captivity King Richard was a valiant a mighty and a notable wise Prince His case was lamented of all the Princes of Christendom His Subjects were both willing and able to have constrained his Detainers to deliver him His journey was undertaken for the benefit of all Christendom and therefore it behoved all Princes to be offended with his imprisonment Briefly neither the Duke nor the Emperor had just occasion to detain him and yet during the long and tedious time of his durance he neither sought any unlawfull means to escape out of prison nor practised any treacherous wayes to be revenged of his Detainers The Scotish Prince doubtless was to be pittied The cause of his flight was just and honest and the detaining of him prisoner waâ— rather hatefull then honourable and yet this poor Prince carried himself not onely honestly and faithfully as long as he was prisoner in England but also when our king caused him to attend upon him into France where he might have easily escaped from his keepers or quickly haâ—e procured some violent means to purchase his liberty he continued stâ—ll a faithfull prisoner And was so far at all times from seeking revenge for his hard and long imprisonment that he alwayes thought that he was well and courteously used and in requital of that courtesie when as Henry the sixth Son unto the same Henry who kept him Prisoner was driven out his kingdom he not onely haâ—boured him but also helped to restore him to his kingdom The good carriages of these two Princes condemneth the Scottish Queen and the general custom of Princes as not onely to crave leave when they come into other Princes Dominions but also to provide for their safety and security as long as they shall be there confuteth this foolish this fond this ridiculous and childish Objection It is written of a King of Navarre that when he had occasion to come into England in the four and fortieth year of Edward the Third his reign not to conspire against us but to intreat a League with us and to fight for us he not onely demanded leave but also durst not adventure to come before that the King had sent unto his Realm certain Bishops Earls and Barons to remain as Hostages and Sureties that he should be well used so long as he continued in England And surely Princes have great reason to require such Assurance since many Kings and Princes have been in great danger to be killed yea and some have been killed when they met of purpose to talk of Common Affairs So was Iulius Caesar in danger to have been in conference with Ariovisâ—us so was William Duke of Normandy killed in conference with Arnold Earl of Flanders so was the Duke of Burgundy muâ—thered at a meeting with the Dolphin of France And these examples have made Princes more provident and wise then they were wont to be for that they will hardly be perswaded or intreated to any such Enterviews or if they must needs meet they cause places to be made of
we hardly change our opinons and yet when we have changed we stand stiff and obstinate in our new and late received conceits and are very hardly removed from them Insomuch that whatsoever the Childe receiveth from his Father or whatsoever the Grandfather teacheth the Grandchildren that seemeth to be irremoveable and subject to no kinde of alteration A man may therefore boldly say yea swear that the Spaniard let him try all the means he can possible shall never inforce a general change in Religion For since his Father whose power although he should surpass yet he shall never match him in good fortune could not constrain the Protestants in the very infancy of Religion to return unto his profession is it credible that the Son should ever be able to compel far and remote Nations mighty and great Princes manly and warlike people which of late years have forsaken Popery to reassume their old opinions But if any man think him great sufficient and mighty enough to effect his disire let that man consider how many how noble and how learned men the cruel War of Charls the Fifth against the Protestants in Germany the most barbarous cruelty of Francis the First against them in France the bloody five years persecution of Queen Mary in England the Spanish Kings terrible and horrible Inquisition in Spain Italy and Flanders lastly the most execrable and hateful Massacre of Paris hath sent headlong and before their times unto another World And when he hath considered all these let him likewise remember that the more these Tyrants murthered the more the Protestants as though others sprang out of their blood encreased daily If all these shall not content and satisfie him let him call to mind how many years the Wars continued in France and Flanders for Religion with far greater obstinacy then with good success and happiness Lastly Let that man weigh with himself how unlikely a thing it is for the Spaniard to prevail against so many Nations who in almost Thirty years continuance hath not been able to replant his own Religion in a few Provinces of one Nation Besides the rare success and the wondrous events that have alwayes followed the Proâ—estants make me beleeve that their Cause is a good Cause and whosoever so beleeveth must likewise beleeve that were their number smaller their Forces weakerâ— their exprience far more slender then it is yet God that can win with a few as well as with many with the weak as well as with the strong will not onely protect them but also confound their Adversaries How many examples find we in prophane Histories which record that small sroops have oftentimes subdued great Armies and that mighty Kings have been put to flight by weak Princes How can we then but think that the Protestants who are Gods Souldiers who fight in his Cause and are defended by his Forces are able to beard the proud Spainard yea to brave and foil all his Confederates It is no small comfort to have God on our â—ide It is a geat Consolation to sight in a good cause And who can desire better advantage then to contend with and Adversary that beginneth to decline that is ready of himself to fall And is not the Pope and his Kingdom in this case Have not many Nations as I said said long since shaken off the intolerable burthen of his grievous yoke and bondage And do not all States when they begin once to decline sooner fall from the half way towards the end and to their utter destruction then from the beginning of their first declination unto the middest of their downfull Shall not those then that seek to defend Popery do even as a Physitian doth when he laboureth to preserve a very weak and old man from the danger of death Hath not St. Paul said that Antichrist shall perish as soon as he beginneth to be known And if God by the mouth of St. Paul hath pronounced this Judgement this Sentence against him who either can or will be able to prevent or hinder the execution thereof He is now no more able to encounter with Henries Othons and Fredericks great and mighty Emperors He hath no more Kings of France to fight in his quarrels No more Kings of England to be Defenders of his Faith No more Switzers to be Protectors of his Church all these have forsaken him and by Example of these many other Princes have learned not to set a Fig by him Thus the First point is cleared now it remaineth to clear the second and to make it appear that the Spanâ—ard although he could yet he should not constrain his Subjects by force of Armes to change their Religion This point although it hath been already touched in some manner yet it was not so sufficiently handled but that it needeth a more ample Declaration For the better understanding therefore of this Question you shall understand that the Common people which are Princes Subjects never did and particular men although they change their lives yet they leave most commonly behinde them their posterity and their Children which succeed them not onely in their Lands and Inheritances but also in their quarrels and affections Insomuch that there dieth scant any man so bad so wicked so unbeloved but that he leaveth behinde him either children kinsmen or friends who will not onely be sorry for his death but also revenge the same if he chance to be violently or wrongfully put to death This appeareth by the Wars of France and Flanders This appeared most evidently by the Bloody and long Civil contentions that were betwixt Lewis the last Earl of Flanders for after his death the Earldom fell to the House of Burgondy as it did after the death of the County Charles unto the house of Austria and the Citizens of Gaunt who after that they had unadvisedly born arms against their said Earl and began to repent themselves of their folly most humbly intreated the Dutchesse of Brabant the Bishop of Leige and other Noble men to be Mediators of a friendly peace betwixt them and their Earl The Dutchesse and the rest became humble Suitors for the poor Gantois the Earl was obstinate and would not yeeld to their Request unless the Inhabitants of Gaunt would be content to meet him at a place appointed bare-headed and bare-footed with halters about their necks and there ask him pardon and forgiveness which being done he would then pardon them if he thought good The rich Citizens hearing these hard conditions and considering that when they had made this humble submission it was doubtfull and uncertain whether they should be pardoned or no of humble Suitors became most desperate Rebels and as Men careless of their lives resolved rather to die then to yeeld to so unreasonable conditions and with this resolution before they were constrained to leave their Town not above Five Thousand of them issued out of the City and as roaving Wolves seeking for their prey went in a great
enough to rule his own Kingdom reâ—uâ—â—d their offer and they in disdam of him presently made choice of this Rodulph who had been the Master of his Palace and had learned divers Feats of Chivalry under him in regard of which experience the Electors as some men write yeelded him their consent But others report that after that for his ingratitude and evil demeanor he was put out of Othagarius his service he followed the Arch-bishop of Ments and attended so diligently upon him in the Journey which he made unto Rome that when he returned thence he made him Emperor although he was then of a very mean living as Albertus Argentinensis Iohannes Vitudaranus Rotridano Molespini Giovani Villani and Aeneas Sylvius who was afterwards Pope Pius the Second with many others do testifie And it is written that the same Arch bishop bragging many times with his friends in secret conference what a great deed he had done to make so mean a man Emperor would say unto them merrily that he carried an Emperor behinde him in his riding Hood when he travelled by the way You have heard how he came to the Empire now let me tell you how he demeaned himself therein The first thing he did wisely considering his own weakness he insinuated himself into the favour of the German Princes and whether it were to please them who were somewhat offended with Othagar King of Bohemia because they thought he disdained to be Emperor or to shew himself grateful where he had received great favour and courtesie he presently summoned his Master Othagar to come to do him homage for his Kingdom Othagar contemning both the Message and the Messenger and taking him for a proud servant who bâ—ing unworthily advanced would begin to shew his pride against his Master refused to appear at his summons Rodulph presently in regard of this contempt invaded the Dukedom of Austria and forfeited the same unto the Empire Othagar being highly offended with the confiscation denounceth Wars against the Emperor By the intercession of friends they met at a place appointed And there Rodolâ—ph dissembling cunningly his pride and insolency goeth first to salute Othagar calleth him his Lord and Master thanking him for vouchsafing to end their contention by a friendly composition rather then by bloody Wars maketh a marriage between his Daughter and Venceslaus the Son and Heir of Othagar and then with a fair shew of assured and faithful friendship prayeth him to vouchsafe if not openly because perhaps he would be ashamed to do it yet secretly and within his Royal Tent to do him Homage for his Kingdom and Principalities The King won with fair words yeeldeth to his demands offereth up unto him five several Banners whereof the Emperor restoreth unto him onâ—â—y two and detaineth the other three one for Austria another for Corinthia and the third for Syria and pacifieth the King who was greatly offended therewith by promising faithfully to restore them unto his Son Venceslaus as soon as the Marriage betwixt him and his Daughter shall be solemnized To this deceit and cunning he addeth a worse despight and contumely For having intreated to do him Homage secretly and within a Tent he caused a deceitful Tent to be made the which should fall open as soon as the cords thereof were unloosed In this Tent Othagar falleth down on his knees and suddenly whilst he is doing Homage the Tent falleth open the Germans laugh at his humility the Bohemians are grieved with his submission and he himself is highly displeased with the Emperors deceit And his grief is increased because his Wife scorned and mocked him at his return To be short he prepareth all the Forces that he could possibly make and reneweth War against the Emperor The Emperor that whilst he had been his servant remembred that Othagar had given great occasion of discontentment unto the great Captain of Moizona called Milota him he putteth in mind of an old injury and so prevailed what with bribes and what with perswasions that in the very conflict he forsaketh his Master and leaveth him to be murthered of two Brethren whose third Brother Othogar had caused to be executed for some offence worthy of death The king being thus slain he rewardeth both the Traitor and the murtherers and following his victory burneth a number of Monasteries and Religious houses that Othogar had builded A rare and strange Pesident For it is abominable in a servant to betray his Master more abominable to cause him to be murthered and of all abominable things the most abominable to reward the Traitors and recompence the murtherers But to burn Religious houses in despight of the Founder and to spoil Gods Temple in hatred of a man is an act the like whereof hath never been found but in such as neither care for God nor regard his service Neither did Rodolphs wickedness end in these hainous Actions but he wrongfully warred upon Bemera unjustly invaded Bohemia unlawfully seised upon Austria and most cruelly burnt above threescore very fair and beaut full Castles in Turingia Rodolph having reigned as Emperor nineteen years and in all this time never vouchsafed to set one foot towards Italy to be crowned there of the Pope which negligence in those dayes was held for a most hainous offence departed the World and leaveth his son Albert Duke of Austria who in disdain of the French king within 6 years after is made Emperor and imitateth his Father in his bloody cruelty For he beginneth his Empire with killing Adolph his Predecessor continueth the same with the wrongfull molestation and usurpation of Mayeme dishonoureth his Reign with a violent and forcible seisure into his hands and to his sons use of the kingdom of Bohemia and endeth the same not by a natural but by a violent and unnatural death For it pleased God that his own Nephew and other Earls of the House of Austria should by taking him revenge the wicked and detestable murther which he committed on the sacred person of Adolph the Emperor Frederick Duke of Austria was the third Emperor of this House if he may be called an Emperor who being unlawfully chosen wrongfully usurped the Empire For the Bishop of Trevers and Ments and the Marquess of Brandenburgh together with Iohn king of Bohemia chose Lewis of Bamera Emperor and Frederick had the voices and suffrages of the Bishop of Colen of the County Palatine and of the Duke of Saxony whose Elect on was of no force because when the six principal Electors cannot agree but three of them are for one and three of them are for another the king of Bohemia as Umpier determineth the matter and he casteth his voice upon the said Lewis and made him lawfull Emperor But Frederick according to the ambitious and violent nature of his proud Family pursued his pretensive right by bloody wars and drew the Pope the kings of France and of Hungary the County Palatine Stratsbourgh and other Imperial Cities to stand stout and obstinate in
and during the minority of his son he had caused Ferdinando his brother to be elected King of the Romans yet he used all the cunning he could possibly to perswade him to relinquish and resign that Title unto his Son Philip now and then King of Spain and also he sent for Maximilian his Son in Law and Nephew King of Bohemia to pray him to be content to condescend and yeeld unto his Fathers resignation and the Queen of Hâ—ngary and Gravilla the Emperors Chancellor made many Voyages into Hungary to intreat Ferdinando to yeeld unto this motion unto which neither the King of Hungary nor Maximilian his Son would vouchsafe their consents These three points being thus cleared it resteth to speak somewhat of Charls the Fifths Successors as Ferdinando Maximilion and Rodolph but their actions are fresh in memory And if the Law of the Emperors Creation called the Golden Bull which expresly forbiddeth to chuse above four in one house to succeed one after another in the Empire were as it should be in full force and strength none of them should be accounted or held lawful Emperors Now if the breach of this sacred and inviolable decree I mean the golden Bull which hath been infringed by making not four but seven or eight at the least of the House of Austria Emperors together shall nothing at all incense and instigate the Princes of Christendom against this ambitious and aspiring generation It shall be needful to revive the loathsom memory of many great and grievous indignities and ingratitudes unkindly and unjustly shewn by the late Emperors of the house of Austria unto divers great and mighty Princes of Germany and unto the Empire it self It must therefore be shewed unto them that Rodolph the first Emperor of this Race to assure unto himself and his Heirs the Dukedom of Austria and the States of Stiria and Suevia which were united unto the Empire for fault of Heirs Males resigned the Exerchat of Italy unto the Pope and freed as many Cities of Italy from the homage and obedience which they owed unto the Emperors as would buy their freedom and liberty of him for ready money Albeit his Son when he was Emperor fought many Battels and got many Towns with the Forces and Expences of the Empire but reserved all the profit arising by those Battels to his proper use and to have better and more easie entrance into Bilencia he usurped the State of the Marquess of Menia And Albert the Second enriched himself greatly although he ruled not long by troubles and divisions Is it not the House of Austria that hath wrongfully deprived many Princes and divers Electors of the Empire of their States and Dignities Is it not this house that hath unjustly compelled the greatest Princes of Germany to flie for succour and to seek the protection of the French King Is it not this House that hath unlawfully confiscated the States and Digninities of Iohn Fredrick Duke of Sexony Is it not this House that hath most cruelly razed the Walls and destroyed the Forts of the most noble and vertuous Prince the Lantsgrave of Hess Is it not this House that hath violently sacked destroyed and utterly overthrown the great and goodly Dukedom of Wittenberge Is it not this House that contrary to all humanity hath confiscated the greatest part of the Duke of Cleur his goods and made him too deer for a Wise that brought him Dowry Is it not this House that to make the Princes of Germany their Servants and Slaves have contrary to the Laws of the Empire erected a new Councel in the City of Spires Briefly Is it not this House that useth them most unkindly of whom they have received most Curtesie Have they ever had greater aid greater helps of any Princes of the Empire then of the Duke of Saxony Who sought for Frederick Duke of Austria against Lewis Duke of Bavaria more willingly and valiantly then Rodolph Duke of Saxony Ernest Duke of Saxony was the only cause and means that Maximilian was chosâ—n Emperor And Iohn Duke of Saxony went unto the Assault of Aba in Hungary and never departed thence until he made Maximilian Lord and Master of the whole Countâ—y Frederick of Saxony refused the Empire when it was offered unto him and procured it to be given unto Charles the Fift And yet the same Charls omitted no Art no cuning no way nor means that he could possibly devise to â—subvert and â—vinate the House of Saxony He set up Maurice and Agust his Brother against Iohn Frederick And Maximiliam stirred up the Sons of Iohn Frederick one against another Rodolph Count Palatine bore armes in the behalf of Frederick of Austria against his own brother Lewis Duke of Bamera and Frederick Count Palatine who was Recompenced for this pleasure by Frederick the Third who procured all the States and Princes of the Empire to be his mortall Enemies Briefly who favoured and furthered the Election of the last Maximilian so much as Frederick Count Palatine And yet not long after he gave so hard a sentence against him at Auspurghe that all the Princes of the Empire reversed the same in his Presence Now to speak of the Spanish Kings abuses towards the Princes of Germany and others were infinite labour and either that which I have already said is sufficient to cause him to be generally hated or the late Apologies of the Prince of Aurange of the State of the Low Countries of the now King of France of Don Antonio and of others will supply whatsoever I either for modestie or for brâ—vitiesake forbear to discover Then to conclude this point If France might be moved to set on Foot for the Kingdome of Navarre the Dukedom of Burgondy and all or part of the Lowcountries If the Pope might be intreaâ—ed to bestow the Kingdom of Naples and Sicily upon som Prince of worth and estimation If the Venetians and other Princes of Italy would be content to divide and share the Dukedom of Milan betwixt them If the States and Princes of the Empire would be pleased to reconcile the Kingdomes of Bohemia and Hungary with the Dukedom of Austria unto the Empire If the Duke of Parma or Don Antonio might be seated in Portugall And lastly England Holland and other States and Pâ—inâ—es that are mighty upon the Seas would either stop the Spaniards passage into the Indies or intercept his Treasure when it cometh from thence the proud and insolent House of Austria should quickly be reduced unto their old and pristine Estate and the Princes of Christendome when they should have no Adversary to fear but the common Enemy of Christians should undoubtedly live in great security peace and Amity For then are Kingdomes most safe when their Neighbours Forces and their own strength are not greatly unequall And then should our English Island be the strongest and happiest Kingdom in Christendom But in taking this course it behooveth to be somwhat Circumspect least that the overthrow and downfall of
the same he and his subjects lived afterwards in great peace and tranquility Had Antonio Peres imitated this Bavilion the Spanish Kings honour had not been blemished as now it is Escovedo's children had not troubled him as they did Peres himself and his posterity had not endured the calamities which he and they suffer and Aragon had not tasted the miseries and inconveniences which fell upon Aragon In handling of the negative I may not altogether excuse Antonio Peres for I know and so must he that his reputation should have suffered less indignity his conscience less troubled and he should undoubtedly have less to answer for hereafter if he had imitated Bavilion but because it is hard in these days to find any Prince like unto the Duke of Britany few Counsellors or Ministers dare adventure to follow the footsteps of Bavilion For they remember that Hydaspes or Harpagus as before being commanded by Astyages to kill Cyrus saved the harmless innocent but his son smarted for his fathers offence and the father could not chuse but smart and sorrow in his sons death They remember that Cambyses his servant spared Croesus when they were commanded to kill him but he lived and his wife was the cause of their death and this remembrance maketh them fear the Princes displeasure and this displeasure putteth them in fear of their lives and this fear causeth them willing to obey and execute their hasty and furious commandments the rather because they see that although Princes somtimes chance to return to favour those persons whom they willed to be destroyed yet they always hate those ministers that would not destroy them at their commandment And Peres knew or might learn that a Princes Judges may command an ordinary or an inferiour Judge to execute his sentence and he upon whom he layeth this command is bound to execute the same although he knoweth that his sentence be unjust and if the ordinary or inferiour Judge shall refuse to obey his commandment the Delegate may inforce him thereunto by excommunication and ecclesiastical censure And this is so true that the Popes Legate who is an ordinary and one of the highest dignities that may be cannot impeach or hinder a sentence given by the Popes Delegate and the Delegate may if it please him both command and compel the Popes Legate to execute his sentence because that in the cause that is so committed unto him he is greater then the Popes Legate And if a Popes Legate may be constrained to obey a Judge Delegate how much more may an inferiour Judge or a common or a mean Ordinary be enforced to yeild him dutiful obedience The reason why this obedience is required because he unto whom the execution of sentence is only committed hath no authority to examine the equity or injustice thereof he must think that all is just that such a judge doth he must look upon the commission and commandment given unto him without making any further enquiry into the matter and he must presume that whatsoever might be said against that sentence hath been already said and duly considered Now if this obedience must be shewed unto a Judge delegate and for no other reason but for that he representeth the Princes person how much more ought a Kings commandment not to be disobeyed although he should will and command any man to hang one of his Subjects without acquainting him with the cause or examining the same cause before his commandment for the pleasure of a Prince is held for a sufficient cause and he hath no superiour who may presume to examine his will or his actions And this is so true that no manner of proof may be admitted against this general and infallible conclusion Again a Judges authority maketh that just which was otherwise unjust for although whatsoever is done by a false Guardian be not lawful especially if it be done to his prejudice that is under years yet if the Civil Magistrate shall ratifie such a Guardians action it shall be of full force Shall not a King from whom such authority is derived have the like power the like prerogative Again every superiours authority and commandment must be obeyed and he that obeyeth not must dye the death and may be lawfully called and chastised as a Rebel Now to apply all that hath been said unto Ant. Peres his case the resolution of the second question may be briefly this if he knew either because the King had acquainted him therewithal or that in conscience he was assured that the King would not command any unjust thing that Escovedo had deserved death he might boldly see him executed Or if it were doubtful unto him whether Escovedo had given the King just occasion to command his death he needed not fear to perform his commandment But if his secret conscience could tell him that the King had not just cause of death against Escovedo then undoubtedly it had been Peres his part not to have obeyed For as the Judge who is bound to judge secundum allegata probata if any thing be falsly proved before him and he not know that it is so shall do better to give over his office then to pronounce sentence against his own Conscience So Antonio Peres although it had been dangerous for him to refuse to obey and execute his Princes command yet if he knew that the same was repugnant to the Word of God which permitteth no man to be slain without just desert he should have done better to obey God then his King For although a King be called God's Minister and his judgements seem to proceed from God's own mouth yet when he doth wrong and breaks God's commandments he is not then God's minister but the divel 's and then he is no Judge no King because he leaveth God and fulfilleth not that charge which the Almighty hath laid upon him and he that obeyeth not his King in such commandments obeyeth God yea the subject against whom the King taketh such unlawful course may defend himself against his violence and oppression Betwixt God therefore and Antonio Peres his Conscience be it whether he proceeded against Escovedo in malice or in justice and if his conscience shall accuse him undoubtedly he shall one day finde that the fear of the Princes displeasure will be no sufficient warrant or lawful excuse and that it had been better for him to have said unto his King God commandeth me one thing and you another he biddeth me not to kill and you command me to murther he threatneth me if I obey not him and you menace me if I disobey you but you threaten me with imprisonment he with hell you with short pain and he with everlasting torment you with death and he with damnation and therefore good King give me leave to lean to him and leave you Now followeth the third question a matter the proof whereof must rest upon the Spanish King's Conscience
Realm to poison a private man and yet of late is waxen so rich and plentiful a Kingdom of murtherers as procurers as Maâ—uel Aridrada Xpofero de Moco Rodorigo Marquess Stephano Ibacco and the Count Fuentes as many executioners as Dr Lopas Ferrara Truoca Williams and York and more perswaders as Stanley Holt Frogmorton Ower Gefford Northington Paget Tipping Garret and Naddel all of one mind but of sundry Nations of one desire but of divers conditions of one conspiracy but of contrary vocations to poison a stranger a woman a Virgin a Princess one person having in one body four sundry qualities worthy of justice of pity favour and honour for who doth not justice to a stranger as God's word commandeth pitieth not a woman as man's Law willeth favoureth not a virgin as humanity requireth honoureth not a Princess as God's word man's law and humanity prescribe This only action of barbarous inhumanity requireth a whole and large volumn but I must strive to be short and if you call to mind what hath been said already you shall find matter enough to enlarge and aggravate this inhumanity and therefore briefly to the rest of the objections An oath promissory not being grounded upon a just and good cause bindeth not a man to any performance but can there be a better consideration then the gift of a Kingdom Or a greater forfeiture then the loss of a Crown and Royal Diadem The gift is contained in these words We make you our King and the forfeiture is expressed in these words You shall not be our King unless you keep our Laws The condition is usual and ordinary for the Emperour as soon as he is chosen taketh the like oath when he sweareth to conserve and maintain the liberties jurisdictions rights honours dignities and priviledges of the Electors of the sacred Empire as well Ecclesiastical as Temporal and it seemeth that as the seven Electors in recompence of their good will and curtesie shewed to the Emperour of the world received this bounty of him so the Nobility of Aragon in regard of the favour which they shewed unto their King in making choice of him for their King received the like benefit at his hands and therefore have good occasion to be no less grieved if he chance to break this oath then the Nobility of England should have cause to be sorry if after a number of good and gracious Princes who have alwaies duly kept and observed the ancient Laws and Liberties of our Realm and especially in the trial and arraignment of Noblemen the Almighty should plague them with such a Prince as would not suffer them to be tryed and arraigned according to the old and laudable custome of this noble Kingdom by an honourable Jury of twelve Peers but by a beggarly crew of so many base companions The promise then is good and better for the oath but the oath may be broken and a dispensation will salve the sore of the breach He that offendeth in hope of a pardon is not thought worthy to be pardoned and although it be a greater commendation in a Prince to be prone to shew mercy ready to forgive and willing to pardon offences committed against himself or his Laws yet it is scant tolerable to forgive notorious sins and trespasses against God I find that Princes may dispence with Bastardy restore infamous persons to their good name and fame make their own children legitimate not as their Fathers but as their Princes not as their children but as their subjects free and emancipate bondmen briefly pardon and forgive all crimes committed against their Temporal Laws But the Cannons of which the Spanish King will seem to have more regard then any other Prince of that Religion permit not his Catholique Majesty to dispense with an oath that is a priviledge and prerogative which the Pope hath reserved to the fulness and plenitude of his own part and would not take it in good part that his white son should challenge or assume unto himself any such authority and he as a dutiful and loving childe will be loth to offend so good and loving a father But the father in regard of his long and loyal obedience will absolve him of his oath If his Fatherly love should make him forget himself so much as to dispense at one time not with one but many crimes the son and the father should without all doubt highly offend their heavenly father and voluntarily break the sacred constitutions of their reverend predecessors For the Pope cannot dispence with wilful murther such as was the violent death of Escovedo nor with any thing done against the Laws of Nature such as the breach of this contract should be nor with an oath such as this oath is without calling and citing all the parties that should be interssed and damnified by the violation and breach of this oath But grant that the Pope will dispense with this Oath what would or could all avail when the contract should still remain in full strength and vertue and the Aragonian Nobility might notwithstanding this dispensation urge their King to the performance thereof Truly this absolution should benefit him no more then it should avail a creditor to sue his debtor for one hundred pounds unto whom he owed so much upon account for such a creditor when he hath with long suit and great charge recovered his debt is presently to restore the same back again upon his accompt So the Spanish King when he hath with great difficulty and perhaps with some expences made himself beholding to the Pope for his dispensation must notwithstanding the benefit thereof perform the conditions that was of sufficient strength without the oath and was confirm'd with an oath for no other purpose but that it should be the great burthen unto his Conscience if he should violate his contract But how may the Aragonian Noblemen enforce him to perform and keep his contract By forfeiting his Kingdom by taking away his rents and by putting the Laws whereunto he was sworn into execution But he is too mighty and they too weak to compel him thereunto by main force What remedy shall you then find against him The course is ordinary For every Bishop hath power to compel any man that is sworn to keep and observe his oath which hath alwaies paratum executionem and is so true that the trial of a contract confirmed with an oath depending before a Temporal Magistrate a Bishop or Ecclesiastical Judge may be reason of that oath avocate the same cause unto his hearing and determination And this is the reason why many Doctors are of opinion and especially Baldus that an oath hath the vertue and operation to draw a matter from one Court to another But what Prelate in Spain dareth be so bold as to call his King into his Ecclesiastical Court If the Prelate will not presume to stand in defence of the Laws there is another ordinary way A subject of the Emperour may without