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
Creator in heaven in violating the latter they remember not their maker on earth for the people and Peers of the Realm are their makers next unto God Contracts ergo of subjects having their ground their foundation and their strength not from Princes Laws but from the Laws of Nature binde King and Emperour Prince and Prelate Lords Spiritual and Temporal be it that they are made between a Prince and a private man or the Prince and a City or the Prince and any other The reasons why they are of such force are these First It is not lawful to falsifie a mans faith Then The Laws of Nature binde men and perswade them to keep their contracts and to hold their promise even unto their enemies Next The Laws of honesty charge their Princes to perform their contracts there is nothing becometh them better nothing that commendeth them more nothing that men require so much at their hands Lastly Princes Contracts are as good as Laws and have the same force as Laws in the same strength and vertue against their Successors which they have against themselves nay they are of greater strength then Princes Laws for Laws may be repealed but contracts cannot be revoked The reason of the diversity Laws may alter according unto the times and the occasions unto which Laws must be accomodated by which Laws are occasioned from which Laws received their beginning but contracts are irrevocable they admit no change no alteration and if they be once perfected they can neither receive addition or substraction diminution nor enlargement they may not be wrested but taken according to the true and plain meaning of the contrahents But why they may they not be changed Why may not a Prince alter them The reasons are these Before they are made they are of Free will and when they are once perfected they are of necessity that the Emperour of the world cannot add or detract any thing from his contract without his consent to whom it is made although he were the meanest man in the world who may be benefited but not deceived by a contract that is not defrauded of that which is agreed upon in the contract although it be lawful in bargaining before the bargain be concluded to deceive one another Secondly If Princes might revoke their contracts at their pleasure there should be no good dealing with them which would be ridiculous no trust to their words which would be dishonest no benefit would be gotten by them which would be illiberal and unbeseeming the Majesty of a Prince Thirdly Princes actions must be free from scandal far from deceipt and not subject unto malice Fourthly Princes are reasonable creatures and must submit themselves unto reason lest they be reputed as B. Celestine was not a man but a beast because he revoked in the evening the grants which he made in the morning Lastly Other men may attend to profit but Princes must look to honour and have an especial regard thereof and what can be more dishonourable then to break their word to falsifie their faith to violate their contract especially if their word faith and contract be fortified and strengthned with a solemn oath with an oath that being added to a contract hath these vertues these qualities these operations It maketh their contracts lawful and of full strength and force which without an oath are not of weight before God and man For a young man under yeers who by reason of his minority cannot contract without authority consent and counsel of his Guardian shall be bound to stand to his contract if he hath sworn to observe and keep the same his oath strengthneth his contract and depriveth him of the benefit of restitution to his former and pristine estate it maketh the person infamous which breaketh such a contract it debarreth him of any action against the other contrahent it enforceth him to restore that he hath received it disableth him to take the forfeiture that is made unto him it freeth the observer of the Contract from any penalty whereinto he is fallen it benefiteth the absent as the present it forfeiteth the contract whether it be interposed either before or after the contract or at the instant of the making of her or at any other time it urgeth and bindeth the contrahents to a strict and due observance unless it may endanger their souls health and keep and observe their contracts Briefly it hath many other operations which shall be more fitly mentioned hereafter But what availeth it to have said all this if all may be refelled in a few words The King of Spain was not well informed when he made this contract when he took this oath he prejudiced himself greatly in yeilding thereunto and he weakned his authority too much in submitting himself to the observance of the Laws and all these being proved or any one of these three inconveniences falling out to be true he is not bound to the performance of this contract or of this oath But how are all or any of these three inconveniences proved How can it be that he should not be well informed when he yeilded to this contract Could he be ignorant of that which all the world knew which his Predecessors did before him which strangers unto his Laws and Country knew many years ago For Guicciardine who wrote his book before he was crowned writeth in the sixth book of his History That the Aragonian Kings have no absolute and Kingly authority in all things but are subject unto the subjects and constitutions of their Country which derogate much from the power and authority of a King And Bodin who wrote not many years being a Frenchman and having no other knowledge of the Laws of Aragon but such as he received from others used in his Book the same words of the Kings authority which are used by the King at his Coronation We that are able to do as much as you make you our Lord and King upon condition that you shall keep our Laws and Liberties and if you will not you shall not be our King Laws bind the present assoon as they are published in their presence and hearing and the absent shortly after that they come to their notice and knowledge those Laws therefore being as by all likelyhood it seemeth made and established at the Institution of the Aragonian King could not be hidden from his knowledge nor prejudicial to his Majesty and Authority Royal. For what blemish is it to a King to submit himself unto those Laws which his Predecessors were contented to acknowledge and observe The Emperour that made and authorized almost all the Civil Laws that are now extant could set it down as a Law that it should be well and worthily done of a Prince be he never so great and mighty to be pleased to subject himself to his own Laws it delighteth a good Prince it liketh his subjects it honoureth Kings and it greatly rejoyceth their Vassals The ancient Kings of
to write you an historical discourse I wil touch them lightly for that I speak of them obiter and by digression and I hold it sufficient to refute the Objections that may be made in this Cause not by Law but by the Histories of France For albeit Iohn Bodine a Frenchman and notably well seen and read in Histories discoursing in his Book de Methodo Historie at large what Rules are to be observed in judging a right of an Historographer and what credit may be given to an History setteth it down in an opinion not controlable That in matters touching France or England you ought not to credit a French or English History but rather a stranger writing thereof with more indifferency and less partiality yet as in Causes which cannot be well decided or perfectly known but by Domestical witnesses their Testimony is to be preferred before all others So in matters of State which cannot be so well known unto Forrainers as unto men born and bred within the same State better credit ought to be given unto these then unto them You shall therefore hear this first Objection refuted by their own Writers and especially by Du Haillan who in my opinion is the best Historographer that writeth of France who refuteth this Objection by reckoning up a bed-roll of Kings who did not succeed one another but were chosen one after another Pharamond saith he in his third Book was the first chosen King of France After whom Daniel surnamed Childerick was chosen Pipin likewise was chosen and after him Charles and Charlâ—main his Sons And the Frenchmen despising the Youth of Charles King Lewis his Son who was betwixt nine and ten years of age chose Odâ—n Son to Robert the Saxon for their King And afterwards being discontented with his Government they deprived him of his Kingdom and set up Charles in his place who governing them somewhat looslly was likewise deposed and cast into Prison and in his place Baâ—ul King of Burgundy was instituted and created King of France and there remaineth even at this day a certain form of Election which is made at the consecrating and crowning of the King at Beihins where the Peer of France in the name of the Clergy Nobility and People chuse the King that is present Here you see an Election begun in Pharamond continued in others and observed at this day and yet as many as have been Kings since Capet's time have succeeded to their Kingdoms and claimed the same by Inheritance rather then by custom and you shall see when we come to another of their Objections that neither this Election nor this Custom in succession hath been alwayes duly kept and observed The second Objection against this agreement is That although Contracts do bind Princes as well as Subjects yet such Contracts as are made by men not being sufficient and able to celebrate Contracts as men distracted of their wits Lunatiques and others not being in perfect sense and memory do not bind the Contrahents but are held in Law as matters of no weight force or validity and therefore Charles the Sixth who concluded his Peace with the above-mentioned conditions being both before and after the celebration of the same notoriously reputed and known to be a Lunatique this Contract did neither bind him nor his Successors To this it is easily answered That Contracts made by men disabled by Law to enter into any such compositions are of force by two wayes The one if they with due and requisite solemnities be done by such as by Law are deputed to have the Government of their goods and persons during the time of their weakness and imbecillity The other if they themselves having dilucida intervalla being as Lunatiques many times are in perfect sense and memory to celebrate any manner of Contract the same is of full force and strength and therefore Charles the sixth being as their own Histories report at the time when this Agreement was made in his right wits and memory This contract wanted not the force and vertue which Law requireth especially since the chief Nobility of the Realm were then not only present but consenting thereunto and sworn to the performance thereof The third Objection is That the Kings of France cannot alienate the Demeans Rights Titles and Interests of the Crown without the privity and consent of the three Estates which consent could not possibly be had at this Agreement because a great part of the Peers Nobles and others were then absent and bore Armes with the young Prince Charles or at the leastwâ—se followed him against the King his Father To this I briefly answer That in matters which go by plurality of voices it is not alwayes necessary that all be present but that the greater or better part of them that will and do vouchsafe their presence thereat yield their consents thereunto especially when the others who are absent have been cited and warned to be present and they either willingly or contemptuously will not appear For albeit the thing that concerneth all men must be approved of all men yet when some or all may approve or disallow the things which concerneth them and they will not be present to shew their consent or dislike their absence shall not prejudice the Contract that is celebrated and there is no wrong offered unto them by proceeding in their absence quia volenti non fit injuria In this case therefore those that were away being either voluntarily absent or trayterously minded to their King which appeared in that they followed his Son against him and animated and assisted him in his disobedience and rebellion against his Father could not in any respect prejudice the force and validity of this contract for if they were absent of purpose then there was no injury done unto them and if they were Traytors as undoubtedly they are who either bear Armes against their Prince or assist his Enemies with their counsels then they had lost the right of their consent and voice And so consequently the Contract which was celebrated by the more and better part or by all the Nobility and of the three Estates that were present and true and Loyal Subjects unto their King notwithstanding the others voluntary malicious absence was by Law warrantable especially being confirmed and fortified by the Oath of the King and his Council and Nobility The fourth Objection against this Agreement is That when it was concluded the King of England had almost Conquered all France was there with his power and strength about him and shut up the French King as it were in Prison and utterly disabled him to make any resistance against his invincible Army and conquering Forces And therefore whatsoever he did being done by fear and compulsion was of no better force then a Contract extorted by violence or made in Prison by a private man which when he is set at liberty he is not bound by Law to perform except he list To this
alwayes proveth peace betwixt Princes The one is permitted and entertained for commodities sake and for the benefit of the Subjects on both parts yea for the better maintenance of the Wars And the other is used and practised for his great advantage whose Embassadour can carry himself most wisely and most cunningly for Embassadours are as Phil. de Comines said very well but honourable Espies and therefore it is usual to let them remain and reside in Princes Courts not only after the rupture and breach of peace but also sometimes when they are at mortal Wars that they may be Mediators of peace Send therefore saith de Comines Embassadours unto thine Enemies even when thou art at most deadly feud with them For though thy charges in sending be great and thy Adversaries be wary and circumspect in foreseeing they shall do nothing to their prejudice yet if those whom thou sendest be wise they cannot chuse but learn somthing that may be very beneficial unto them and countervail their expences The reading of Histories hath taught me that Embassadours are sent from one Prince to another even in the hottest times of their Wars sometimes to demand a convenient place of parley So Caesar sent unto his enemy Ariovistus to require him to appoint some convenient place where they might meet and confer of matters concerning the profit of himself and of Ariovistus sometimes to require and offer conditions of peace So Divito was sent Embassadour unto Caesar to desire peace at his hands sometimes to spie and sound the affections of Subjects So Hannibal when he was coming into Italy sent certain Embassadours unto the French King being then subject unto the Romans to enquire of their affections and to see how they might be disposed and perswaded o suffer him to pass the Alpes quietly and to behold where he might pass them with least danger But I shall have occasion to handle this matter more largely hereafter And therefore from it again to my purpose The taking of the fore-mentioned money is the matter that is most urged and therefore must be more sufficiently answered This is the sore that gauleth the wound that grieveth the corroâ—ive that groweth To this therefore I will adde another Plaister It shall not suffice that the money intercepted was taken and esteemed not to be the King of Spains but to belong unto certain Merchants of Genoa that Allegation shall not go for sufficient and lawful payment but it shall be added yea and proved for an Embassadour was sent by her Majesty into Spain of purpose that her Highness complained unto the King of Spain of the great wrong that was done by the Duke of Alva unto her Majesty and unto her Subjects upon an unjust occasion of displeasure taken against her Grace and them for that money which if the King although it was certain it appertained unto those Merchants would needs have it it was offered unto him by the said Embassadour that it should be restored so that her Highness Subjects might enjoy their ancient Liberties and Priviledges within the Spanish Dominions and also a restitution might be made by the Duke of Alva for all that was wrongfully detained from them And the same Embassadour added further that it was never her Majesties mind to offend the Catholick king nor to provoke him to wrath and anger whose Friendship the knew might be a great help and honour unto her What might her Majesty have said more lovingly or what better satisfaction could the king of Spain demand Was he displeased because her Majesty gave no better audience unto the Duke of Alva his Secretary who was sent to admonish her Majesty not to meddle with any matter belonging to his Master Why his cross and rash dealing deserved no favour at her hands and made his Masters Subjects fare far worse then otherwise they should have done in England For her Highness hearing that the Duke had made stay of her Merchants and of their Goods to be even with him commanded that all the Merchants strangers that then lived in England and were Subjects to the King of Spain should likewise be arrested and their Goods attached and strait Commandment was given unto our Merchants that they should forbear to traffique into any place subject unto the Spanish Dominion until the Kings pleasure was fully known what should become of our Merchants Here you see that the unordinary and unkind proceeding of the Duke of Alva was occasion of greater unkindness then should have proceeded of so small a matter For if he had forborn to arrest our Merchants and to attach their Goods until his Masters pleasure had been known his Kings Embassadours had had better audience and his Subjects had been free from inconveniences and harms as they suffered by his default For after he had rashly and unadvisedly layed hands upon our Merchants and their Merchandizes her Grace could do no less then she did especially since the Lawes of her Realm have provided that her Subjects being restrained in the like manner shall have recourse unto her Highness as unto her chief Justice and there demand that the Subjects of a forraign Prince who hath offered wrong or violence unto them and their Goods be presently attached in England until our Merchants and their Goods be released and set at liberty by that Prince So the blame in this case must lye upon the Duke of Alva who when this occasion of rupture and variance was growing betwixt our Queen and his King should have wisely dissembled the same and quickly have extinguished the flames of the displeasure and discontentment that was likely to burn betwixt them For a Servant and Counsellor may offend as well in being too forward as in being too â—low in his Masters business as I shall have occasion to shew more at large hereafter the which when I shall handle will give light unto this matter and fully and throughly cleer the same Now to the proof that the King of Spain did before the intercepting of this money give her Majesty just occasion to â—eize upon the same and to detain it although it had been much more then it was for her own use and benefit It is since the taking of this money some four and twenty years agoe and therefore if it may be proved that long before that time the Spaniard hath dealt more like an enemy then a friend with her Majesty I think it will follow that she might justly have done him even then and before then far greater despight then ever she did When the late French King suffered the Duke of Alencon his Brother to take upon him the Title of the Duke of Brabant and the defence of those Countries he sent an Embassadour into Spain to excuse his Brothers going thither and to signifie unto the Spanish King that all that was there done was done without his Counsel and Privity The Spanish King was highly displeased with this Message and answered the Embassadour that he
Servant and to spoil the Master not to hurt the Subject and to murder the Prince to dismiss the Messenger and to detain the Sender briefly to honor him who representeth another mans person and to disgrace the party whose person is represented These are the most substantial Reasons that are made against this Sentence And to every one of these I will frame a brief Answer Par in parem non habet potestatem And therefore Princes who are most commonly equals cannot exercise any power or authority one against anoâ—her True it is that this is an ancient principle or maxime in Law but as other Rules or Maximes have their exceptions so this position is not without a limitation without an exception or interpretation Two Magistrates I grant being made and constituâ—ed by their Superior with equal power and authority have no power or jurisdiction one over another but they are created as it were with this condition that they shall use the authority which is given them by their Princes against their Inferiors and to those that are subject to their several jurisdictions But sithence this Law was made in their behalf onely who do acknowledge a Superior and that in such a time and in such a State in which there were many Magistrates but one King many Judges but one Emperor many that were equaâ—s among themselves but one that excelled them all in power and and authority I take it that the same concerneth absolute Princes no more then a privilege granted to Ticius alone belongeth unto Marius For sithence that the charge and alteration of time hath brought forth so many Kings instead of one Emperor that almost every Country hath now his several King Since the consent and general agreement of people hath given full power and authority unto their Kings to make what Laws they pleased since need and necessity requireth that new Laws be made and published almost every day and that they being once made shall not be of force out of those Realms within which they are established it cannot be but both absurd and ridiculous to beleeve and affirm that a Law made many hundâ—ed years ago by a Roman Emperor and that in Italy shall in these days bind those Princes over whom the Emperor hath no manner of power and that when aâ—tient Emperors had it long sithence abrogated and abolished For as many Shires and Provinces of England France and other Countries which had their several Kings are now reduced under the obedience of one King so contrariwise the Emperor which was wont to command many Nations is now brought to such alow ebb to so smal and slender an Estate that he can hardly challenge the absolute Rule and Government over the twentieth part of one Nation Since therefore Laws made by our Ancestors are so derived to our after-commers that it may be well said that they aâ—e as well Successors unto them in their Laws as they are their Heirs in their goods it is certain that many Laws remain still which were made many years ago but no Prince will admit or allow them any longer then they shall be found to be profitable and expedient for the Commonwealth or then they shall not diminish their royal Authority hence it cometh that some men hold opinion â—hat a King cannot make a Law which shall prejudice his Successors hence it cometh that former Laws may Lawfully be abrogated and others although they be quite contrary made in their stead so that they be found profitable for the Sâ—ate Hence lastly it cometh that the latter Statute repealeth the former and that which came last to light obtained most force Neither although there be but very few or no Princes especially in Christendome which even in these days of Weakness and infirmity of the Empire do not greatly respect and reverence the Emperor And albeit there be very few Lawyers which do not both read and admire the large volumes of the Civil Laws Compiled or rather digested into order by Iustinian the Emperor yet is there any King that useth the same Laws as Iustinian his Laws Or any Civilian that joyneth not the knowledge of the Statutes and Constitutions of his Country with the Studie of the Imperial decrees and Ordinance In England the Civil Law hath small force and lesse use In France it is in great Credit but there is a Capital punishment laid upon them who in pleading a Cause presume to alledge a Civill Text as a Law made by the Emperor but they alledged them as Laws approved by the French King For when as the King of France perceived that his Majesty should be greatly blemished and prejudiced if he should Govern his kingdom by Forreigne Laws and yet he saw that it was impossible to have or invent better Laws then the Civil Laws are he entertained the best of them being very loth that so good Laws should utterly perish and be forgotten But he commanded them to be Called his and his Successors Lawes least that it might turn to his discredit to Governe by other Princes Laws What accompt other Nations make of the Civil Laws it is easie to Conjecture by this That in Germany it self in which only Country the Emperor hath Imperial authority there are many Provinces which have banished the Civil Law Considering therefore that Laws made in Spaine binde not us in England and that the Frenchmen are not tyed to ours who shall be esteemed wise that will affirm that these Kings are Subject unto Iustinians Laws which are nothing inferior unto Iustinian his Successor in power and Authority But grant that the Emperors Laws have now as great Force and Strength as ever they had and that this Maxime Principle or Rule in Law Par in parem non habet potestatem doe bind all the Kings of the World yet it shall appear that it cannot any thing at all availe the late Scottish Queen For First as it oftentimes happeneth that men of great Authority lose the same by their own default or Negligence So princes going our of their own Countries into other kingdoms and Dominions make themselves inferior unto them in whose kingdom they remaine This is proved by Common experience For what Householder be he never so poor will suffer a rich man to rule or be his better in his own House What Master of a Ship will permit a Passenger bâ— he of never so great Wealth to Guide or Governe his ship Or what Captain can or will endure that a young Nobleman be he of never so great birth and Parentage shall lead and direct his Soldiers The sweetness which is in Commanders admitteth no Companion The Pope the Emperor or if there were any greater then they hath no share no part or Portion therein but all were it never so much belongeth wholy unto him that ruleth And there is such a feeling such pleasure in this sweetness that to extenuate the same by words is dangerous to diminish it by deeds perilous and to make others
Liberties and if you will not keep them you are not our King Here you see Laws broken a King forsworn and subjects authorized to depose such a King or rather a King de facto deposed and not only deprivable if he shall break those Laws And in Antonio Peres his Book you shall see how often and how violently those Laws were broken Now it followeth to shew you briefly whether voluntary perjury and wilful breaking of Laws be punishable with deprivation in a prince and whether subjects may lawfully resist such a Prince These questions if you look upon the rebellion of the Flemmings and the deposition of the Scottish Queen are in some measure lightly resolved but not so fully discussed but that they need a more ample and large declaration Perjury is a most grievous offence but much more grievous when it is voluntarily committed and then a man committeth perjury willingly when he doth any thing willingly against an Oath taken not by force but by free will not unadvisedly but with great consideration not to his hurt but to his advantage not to perform a thing impossible or dishonest but to binde and tye himself to a condition that is both possible and honest For when a man not being forced thereunto by just fear or irresistable necessity breaketh such an Oath there can be no colour or pretence to excuse his perjury it argueth it convinceth him of fraud and deceit and giveth an occasion to think that he regardeth not an oath The seditious Author thought the late French King worthy to be deprived for his offence and yet he hath no such proof of his perjury as may be had against the Spanish King The Civil Laws hold perjured men for infamous persons and the Cannons receive no infamous person fit to execute an office of honour and dignity A perjured man is alwaies repelled from bearing witness in any cause whatsoever because that being convicted to have forsworn himself in one cause it is not only a presumption but a sufficient proof that he will depose falsly in another And this is so true that although he hath amended his life yet he cannot be admitted for a witness be it either in a civil or criminal cause Again a Priest that hath forsworn himself for a Benefice is not only deprived of the Benefice for which he committed perjury but also of all other Benefices that he had before and the Bishop that hath deprived him cannot bestow another Benefice upon him for the collation that the Bishop maketh unto such a man of such a Benefice is void by Law And although a man may say that such a collation made by the Pope is good and valuable in Law yet it may be answered that the Pope making the like collation seems to dispense with the inability of the person and so the collation is not of force of it self but by reason of the Popes dispensation who hath full power to dispense with men in such cases Since ergo perjury is a sin so detestable and odious that it not only excludeth men from preferment and honour but also removeth them from their offices and dignities which are advanced it must needs be granted that the Spanish King who hath violated his Oath made unto his subjects at the time of his Coronation and broken the Laws which he then swore to observe keep inviolable may with more reason and justice be deprived of his Crown and Dignity then the French King who neither was nor could be justly convicted of the like perjury But many things may be said for the Spaniards purgation and especially these First That subjects cannot receive an oath of their Prince without the authority of some Judge and that a promise made before no competent bindeth not any man Next That Princes which are above Law are not bound to the observation of their contracts which have their full force and strength from Law that Princes may change and alter their own Laws at their pleasure Then That although they should be strictly bound to stand to their Contracts yet if they were induced to make a contract touching any thing wherein they were well informed or if the contract do contain things too much derogating or diminishing their jurisdiction or authority Royal or if they have made a promise that may be very prejudicial unto them then in these three cases they may lawfully break and violate their contract And lastly That an oath containing a promise not being grounded upon some other good cause giveth no good action no good bond and obligation and notwithstanding that the bond were good and the oath of force yet Princes who may dispense with others may give a sufficient dispensation to themselves and so revoke their contracts that if their own dispensations shall not be available the Pope may absolve them of their oath and from the due observance thereof or that if the Pope will not absolve them they need not care or seek for his absolution because considering their might their power and their authority there is no Law no Judge that can compel them to keep their oath or to observe their contract To all these observations I answer briefly because I mean but to give light unto others or to my self to answer them more fully hereafter The Law that requireth the authority of a Judge for the validity of a promise speaketh of a transaction and for victuals and sustenance without the Magistrates consent and authority and holdeth the transaction made for victuals for unlawful because the composition was too little and the Law in these cases is favourable and the Magistrate charged to interpose his authority when favourable persons are overmuch prejudiced especially in favourable cases and although Princes be numbâ—ed among favourable persons yet this Law stretcheth not unto Princes who do usually at their Coronation swear to observe the ancient Laws and Liberties of their Kingdoms And this oath is held lawful and lawfully taken as well because general custom hath the ful force and strength of a Law for that the States and Commons of the Country being then present do stand and are taken by general custome for sufficient Judges to give and receive that oath And although it may be said that neither all the States nor all the Commons are or can be present at the taking of such an oath yet the oath shall avail them that are absent as much as though they were present But Princes being above Law are not so bound to the Laws but they change and alter them at their pleasure True unless they be grounded upon the Laws of God and the Laws of Nature The first They may interpret the second they cannot alter or abrogate the first binde them as well as their subjects and so doth the latter The breach of the first maketh them odious unto God and the breach of the latter maketh them hateful unto men In breaking the first they offend their
France who are now grown the most absolute Kings of the world were wont to do nothing that was of any weight or consequence without the consent of their best and wisest subjects The Kings of Poland Denmark and Sweden cannot make war against their enemies which is one of the principal marks of Soveraignty without the consent and leave of the States of their Country Crommus in the year 1559. withstood the coronation of their King Frederick until that he had sworn solemnly that he would not condemn any Nobleman to death or confiscate his lands or goods but suffer him to have his tryal by the Senate That all Gentlemen should have power of life and death over their subjects without appeal or without giving the King any part or portion of the penalties or forfeitures that shall be raised and levied of Gentlemens subjects And lastly That the King should not give any office whatsoever without the counsel and consent of the Senate These are hard conditions and presumptive arguments that the King of Denmark may hardly be called a Soveraign and yet Frederick yeilded to these conditions and his Successors have ever since observed them he because he could not otherwise do and they because they thought it not convenient to deny that which he had granted knowing that if they had refused his conditions they should not be received and admitted unto his succession and yet sithence the Nobility encroached herein upon their King I take it to be lawful for his Successors to free themselves as soon as they shall be able from that bondage and scant princely servitude if they be not sworn as the Spaniard is at his Coronation to see these conditions inviolably kept and observed for if they be sworn I hold it not lawful for him to break his oath for men may not voluntarily commit perjury for any temporal commodity and it is far better to endure temporal inconveniences and discommodities then to offend a mans conscience and endanger his soul. All Histories new and old are full of the like indignities offered unto Princes by their subjects as often as the rebellious people have had any good fortune against their Soveraigns and all law and reason permitteth such Princes to redeem their liberty by any means possible so it be not done contrary to their oath or done within a convenient time For though it be true that nullum tempus occurrit Regi yet that is most commonly understood in matters of lands but jurisdiction may be prescribed and there is nothing more common and ordinary then for inferiour officers to prescribe their superiours when they be negligent and careless of their jurisdiction and when an inferiour hath fully prescribed he hath as good right and interest in his prescribed jurisdiction as any prince hath in the authority which his Predecessors have had time out of mind or from the institution of their Kingdoms Be it therefore for that the Nobility of Aragon have had the before-named priviledge from the first beginning of that Royal Monarchy or that they have used the same so long a time as serveth to induce a prescription or that a general custome hath put them in full and lawful possession thereof it is not now lawful for the Kings of Spain unto whom the Kingdom of Aragon descended with all charges and burthens thereunto belonging to revoke and disanul the same priviledges and since that he is bound to observe them because his Predecessors did so and custome bindeth him so to do it is not greatly material whether his oath were well and lawfully taken yea or no and because he hath sworn to keep them he cannot dispense with his Oath or of himself remit the conditions whereunto he yeilded at his Coronation For they that swear to do any thing which they are bound to do although they were not sworn thereunto binde themselves in double bonds to do the same the first of honesty th' other of necessity As if a merchant should swear not to falsifie any merchandizes that he uttereth he is bound to observe his promise in honesty and of necessity in honesty because no conscionable man will falsifie his word and of necessity because his oath made that necessary which was before but voluntary and so forfeited and strengthned the former bond But to come more fitly and properly to our matter what was the point for which Iohn de la Nuca suffered Antonio Peres suffered part of Aragon revolted and many as well good as bad subjects of the Spanish King were slain in Caragoca Was it not the just grief and lawful discontentment conceived for the new course and extraordinary tryal that Inquisitors would and should have used against Antonio Peres Did not this Inquisition breed a tumult in Naples and in Flanders where it brought more to their untimely deaths then there are living creatures in all Aragon Did you not know that this Inquisition was first invented for heretiques and now it is used or rather abused against all sort of offenders all kinds of offences being unjustly and maliciously drawn to the notice and cognisance of the unmerciful and rigorous Inquisitors that serve the Pope for his executioners and the Spaniards for their tormentors Did not Don Iohn de la Nuca and many others know that Ecclesiastical Judges are not to deal in temporal causes be they meerly civil or criminal against private men or for the Prince Did not all the people know or at least might they not have heard that Clergy men cannot be present at a sentence of death much less give such a sentence And briefly Do not all the world know that it belongeth to him to judge who examineth a cause and heareth the merits proofs and circumstances thereof Why then should Inquisitors judge and others examine especially when the Law prescribeth both the Examiners and the Judges and where the party accused desireth the benefit of Law and the supreme Judge is bound by solemn oath to vouchsafe and yeild him the benefit and fruition of his desire But it was the King's pleasure that Antonio Peres should die and when Temporal Magistrates would not Ecclesiastical Judges should condemn him If Antonio Peres his death might have contented and satisfied him why sought he not some friend to make an end of him in the same manner that he dispatched Escovedo for him Had it not been less known to the world less danger to the State less prejudice to his Laws He might have been secreâ—ly murthered with far less trouble then openly condemned and his injustice in poysoning him should have been known but to the murtherers whereas his iniquity in condemning him could not be but apparent unto the fight and view of all the world but his ingratitude unto Antonio Peres for the pleasure done him by taking away Escovedo his life made others unwilling and fearful to pleasure and gratifie him with the like vilany Alas poor King that could not finde one in the whole
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
THE TRVE EFFIGIES OF Sr HENRY WOTTON K T EMBASSADOVR IN ORDINARY TO THE MOST SERENE REPVBLIQVE OF VENICE AND LATE PROVOST OF EATON COLLEDG Anno Aetat is Suae 72 THE STATE OF CHRISTENDOM OR A most Exact and Curious Discovery of many Secret Passages and Hidden Mysteries of the Times Written by the Renowned Sr HENRY WOTTON Kt. Ambassadour in Ordinary to the most Serene Republique of VENICE And late Provost of EATON COLLEDG LONDON Printed for HUMPHREY MOSELEY and are to be sold at his Shop at the Prince's Arms in St Paul's Church-yard 1657. To the Judicious Reader THe Author of these Politique and Polite discourses knew the world so well and the world him that not to know Sr Henry Wotton were an ignorance beyond Barbarism in any who have been conversant in the least measure with any transactions of State A Knight he was of choice Intellectuals and noble Extraction who may be said to have King'd it abroad half his age in Embassies by representing the person of his Soveraign Prince in most of the Courts of Christendom amongst the severest and most sagacious sort of Nations for he was thrice sent Ambassadour to the Republique of Venice from the most serene Prince James the first King of Great Britain by whom the Order of Knighthood was conferred upon him Once to the States of the United Provinces Twice to Charls Emanuel Duke of Savoy Once to the United Princes of Upper Germany in the Convention at Heylbrun Lastly He was sent Extraordinary Ambassadour to the Archduke Leopold the Duke of Wittenberg Imperial Cities Strasburgh and Ulm and to the Roman Emperour himself Ferdinand the second And however it may be thought by some that after so many great and noble employments the Provost ship of Eaton was a place not considerable enough for a personage of his merit yet if we consider the sedateness of his temper and spirit he being of a speculative and quiescent disposition it seems to have been rather his own choice then any want of regard in those times to a man so highly deserving of the Commonwealth and consequently it appears that those weighty affairs he manag'd both at home and abroad with so much honour and reputation were rather the effects of his zeal to the service of his King and Country then of any aspiring or ambitious thoughts seeing he forsook the highest places of honour and profit which he merited at the hands of a great King for the more contenting enjoyments of a solitary and studious retirement Had he been never known unto the world until the publishing of his late works called Reliquiae Wottonianae there is in them contained that which may abundantly demonstrate how admirably he was accomplish'd both in the severer and politer Arts. Not to insist upon the many Elogiums deservedly fixt upon his fame by the most learned and judicious persons both Native and Forraign I shall only insert what the most vogu'd Poet of this age hath sung of his skill in Tongues He had so many Languages in store That only Fame can speak of him in more It were but needless therefore to premise any thing concerning these following discourses written by a person of such a known and celebrated worth but only this that by the high quality of his negotiations in soveraign Courts he had the greatest advantage that could be to feel the pulse of Government and make inspections into those Arcana Imperii those mysteries of State which he communicates here to the world in many choice and judicious Observations whereby the discerning Reader may be will acqnainted with the state of Europe and the interest dependencies and power of most Princes together with the occasions and motives of most of the Wars that hapned the last century whereof some came from slight quarrels for he tells you that Charls the Hardy Duke of Burgundy made a war for a Cart-load of Sheep-skins in which he breath'd his last With these Modern observations he intermingles many ancient passages both of Greeks and Romans which may much conduce to rectifie and enrich the understanding of the Reader The Contents of the Several Discourses I. THe Occasion of Sir Henry Wootton 's undertaking this Treatise p. 1. II. His Opinion both in general and particular concerning Princes their means and designs 5 III. That notwithstanding the Invasion of the Turks the Civil Wars among Christian Princes cease not 10 IV. That Princes aiding of Rebels is no new thing but hath been practised in former Ages 13 V. That it was not without just cause that the Flemmings rebelled against the king of Spain 16 VI. The several rebellions of the Frenchmen against their King and the causes thereof 19 VII The practises of Sejanus Pompey Crassus Piso and Curio with a comparison between the Duke of Guise and them and also other great Rebels 23 VIII That the Salique Law of France did not infringe the Title of former Kings of England to that Crown and the Frenchmens Objections concerning the same answered 29 IX That Kings have often dis-inherited their eldest sons and given their Kingdoms either to strangers or to their younger sons 37 X. Reasons why the Kings of England having a right to the Crown of France and having had so good success in former times in demanding of their right do not still continue to presecute their demands and the causes and means of their losing all France 42 45. XI How the Kings of Spain Came to arrive to this height of Power which they enjoy at present from so small a beginning 52 XII That the Kingdoms of Naples and Sicily have been fatal to most Nations of Europe 54 XIII By what means the Spanish King obtained Naples and Navar. 58 XIV The Spanish King 's Title to the Kingdom of Portugal 59 XV. The Authors opinion concerning the claim of the several Competitors to the Crown of Portugal 60 XVI The Spanish King's Title to the Indies 61 XVII The Spanish Kings Title to Milan 62 XVIII The Spanish Kings Title to the Dukedom of Burgundy and how he retaineth all those States which he possesseth 63 XIX VVhat inconveniences Armies have bin subject to going far from home with the causes of Hannibal's ill fortune 69 XX. The manner of the king of Spain's dealing with the Turk 71 XXI The manner of the Spanish King 's proceeding with the French 73 XXII The Spanish King 's proceeding with the Princes of Germany 79 XXIII VV hat account the Spanish king maketh of the Princes Italy 80 XXIV Queen Elizabeth proved to be the most considerable enemy of the Spaniard 82 XXV Divers examples shewing that what God hath decreed cannot be prevented by any foresight of man 87 XXVI Queen Elizabeth justified in her attempts against Spain and Portugal 91 XXVII Several examples in what manner Princes have demeaned themselves toward those that have fled to them for succour 95 XXVIII That Princes have oft broken Leagues with their confederates upon occasion given or upon some
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
Buckler of the Commonwealth 5 Ferdinand King of Spain layeth claim unto the Kingdom of Naples p. 56 57 He excuseth the breach of the League between France and Spain p. 98 His ingratitude to Gonsalvo 238 Flanders distressed by plurality of Religions 6 Flemmings that they had just cause to rebel against Spain p. 16 17 The Flemmings and French more boldly then justly accused of rebellion 2 Earls of Foix heretofore of great power in France p. 37 The Earldom of Foix given to the Earl of Candale by the King of France 38 France divided into many opinions p. 6 France hath in former times rebelled against their Kings p. 19. The principal Kingdom of Europe for antiquity good Laws c. p. 19. Not subject to the Roman Empire p. 35 36. Hath been dispos'd of by Will and Testament as well as other Nations p. 35 36 Anciently divided into four Kingdoms p. 53 Cannot be lawfully Excommunicated by the Pope p. 248 249 France and England 195 Francis the first of France entreth into a League with the Turks 139 Francis Sforza is won by promises to take part with Philip Maria Duke of Milan 242 Frederick King of Naples entertained by Lewis the French king 95 Frederick Duke of Austria unlawfully chosen to the Empire 251 The Emperours Frederick the second and the third oppose the Pope and are excommunicated p. 174 Frederick the third freed from the Castle of Vienna by George king of Bohemia 252 The French king's prodigality in spending the Revenues of the Crown excus'd p. 168 His imputed wantonness proceeded from corrupt education 169 G GAleotto Malatesta made Lord of Armino Pescaro and Fano by Lewis the Emperour 53 The Gantois rebel against Lewis the last Earl of Flanders p. 229 They take Bruges and put the Earl to flight 230 Gargoris king of Crete his several cruelties to his Grandchild Atis 89 90 Gaston Lord of Bearn maketh the Earl of Foix his sole Heir 37 Gavel-kind a Law peâ—uliar but to some parts of Kent 29 Germany pestered with sundry religions 6 A German Writer's testimony alleg'd concerning the vices of Mary Queen of Scots 190 191 Geytel de Veronio hath la Marca given him by Lewis the Emperour 53 The Golden Bull forbiddeth the choosing of above four Emperours in one House 254 Gonsalvo beateth the French out of Naples 57 Government strangely interchanged amongst several Nations 9 The Government of the Low Countries taken upon him by the Duke of Alenson 106 Great to whom given as an attribute or Sir-name 8 Guicciardine as well a Lawyer as Historian 30 Guido Earl of Flanders denied his liberty by the King of France 123 Guido Polenti made Duke of Camerino by Lewis the Emperour 53 The Duke of Guise chief head of the Leaguers in France p. 20 His proceedings and policies p. 21 His subtle practices against the French King p. 157 He is murthered in the Kings presence 158 The Guisards of France condemned of ambition and treason p. 140 141 The probability of their ruine p. 144 145 Their rash proceedings after the Duke's death p. 146 147 Their accusations of the French King refuted 151 152 H HAnnibal the pattern of an expert General p. 5. His praise p. 69 His oversights ibid. He fights the Romans with a very inferiour number 78 Harold 's injuries to William Duke of Normandy the occasion of his invading England 220 221 The Emperour Henry the third restoreth Peter King of Hungary his enemy to his Kingdom 95 Henry the second King of England his humiliation to the Pope for the death of Thomas Becket 180 Henry the third King of England sollicited by the Pope to aid him against Conrade the King of Sicily p. 55. 56 His complaint against Pope Innocent to the General Councel at Lyons 180 181 Henry the fifth King of England his Title to the Crown of France p. 29 The Frenchmens objections answered p. 30 31 32 c. His success in France 10 Henry Base Brother to Peter King of Castile aided by the Kings of France and Portugal p. 15 He driveth his Brother from the Kingdom 60 61 Henry Earl of Richmond recovereth the Kingdom of England 221 222 Henry Dandolo the Venetian Ambassadour his eyes plucked out by William King of Sicily 209 Sr Henry Cobham 's opinion concerning Henry the third King of France 189 170 Hephestion the pattern of a faithful Counsellor 5 Herculâ—s the Chastiser of Tyrants and Defender of the weak and helpless 108 Hugh Capet by what means he attained the Crown of France p. 25. His practises imitated by the Duke of Guise 150 Hugh Pudley Bishop of Durham his great riches 185 The Hugonots subversion endeavoured by the Guisards 158 165 I AJacobin Fryar murthereth King Henry the third of France 159 Jamâ—s king of Aragon and Sicily leavâ—h his kingdoms to his second Son Alphonsus 39 James Prince of Scotland detained prisoner by Henry the first king of England 209 Jealousie the overthrow of divers great Princes 238 Imbert leaves the Dolphiny to Philip de Valois 50 The great Injuries done by the House of Austria to other Princes 254 255 Interviews between Princes many times dangerous 209 Joan Queen of Sicily adopteth Lewis of Anjou 54 John king of England first an enemy afterwards reconciled to the Pope p. 178. He enjoyeth all the Benefices Bishopricks and Abbeys of his Realm p. 187 He is questioned by the French king for the death of his Nephew Arthur p. 199 And forfeits his Estates in France for not appearance 199 John Balliol 's Title to Scotland preferred before Robert Bruce by Edw. the first king of England 196 The Italian Princes hardly able to help the Spaniard 138 Pope Julius cited by the Colledge of Cardinals to appear at the Councel of Pisa 206 Justifiers of bad causes for gain or bribery 189 Justinian the Emperour his ingratitude to Narses 238 K KEmitius king of Scotland by what means he prevailed with his Nobles to fight against the Picts 50 L LAdiflaus king of Hungary dissembleth his grief for the murthering of the Earl of Cilia 161 A League with Turks more allowable then with the Guisards of France p. 140 141 Leagues may be broken upon just cause given p. 98 And are usually broken upon advantages p. 98 99 101 The League between the Pope Spain and Venetian against the Turk 137 The Leaguers in France their proceedings and policy 19 Lewis the Meek his war against Bernard king of Italy unjust p. 28 His cruel usage of him 163 Lewis Do-nothing deposed by the Nobles of France 41 Lewis Oultremer condemned for his discurtesie to Richard Duke of Normandy 97 Lewis the Emperour his humanity to Frederick his Competitor 200 Lewis the eleventh king of France payeth a yearly revenue to the king of England and his Counsellors p. 43 he chose rather to satisfie the demands of his Nobles then to hazard a war with his subject 236 Lewis king of Bohemia brought up by the Marquess of Brandenburgh in all kind of delights 169
Lewis Prince of France repuls'd from England with dishonour 217 Lewis of Anjou adopted by Joan queen of Sicily 54 Lewis Sforza Duke of Milan maketh use of an Army of Turks 139 Lewis Adolistz hath the Cities of Faenza and Imola conferr'd upon him by the Emperour 53 The Low Countries a considerable advantage to the king of Spain 123 M MAhomet how he grew to the credit and reputation of a God 50 Manlius being in trouble the Romans put on mourning weeds 5 Marcus Aurelius leaveth the Empire to his son Commodus unwillingly 39 Marcus Coriolanus reconciled to the Senate of Rome by the mediation of his wife and mother p. 1 His death bewailed ten moneths by the Roman Dames p. 5 His reconcilement to his Country proposed to the Guises for imitation 148 Marcus Marcellus the Sword of the Country 5 The Marquess of Mantua won by promises to take part with the Duke of Milan 242 The Marquess of Pescara hardly disswaded from siding with Charls the fifth The Marquess of Villona rebelleth against the king of Aragon and is aided by Alonzo of Portugal 16 Martin Scala made Lord of Verona and Vincenza by the Pope 53 Mary Queen of Scots her practises against Queen Elizabeth p. 107 Several arguments made in her behalf by her friends p. 191 Answered p. 192 193 c. Masistias death greatly bewailed by the Persians 5 Matthew king of Hungary striveth for precedency with Ladislaus of Bohemia 195 Maximinus his great strength 231 The Duke of Mayne displeased with his brother the Duke of Guise 's proceedings p. 22 He and the Marquess du Pont Competitors 146 The Country of Mayne quitted by the king of England 45 Menemus Agrippa's discreet Oration appeaseth the rage of the common people 235 Merouingians Charlemains and Capets the three races of the French kings 36 Monastical Lives voluntarily assumed by divers Princes 215 The Murthering of the Duke of Guise excused 160 161 162 c. N NAtions have their several qualities according to the Climate they inhabite 9 The Nature of the Italian and Spanish Souldiers 114 Navar conquered by the King of Spain p. 58 A member of the Kingdom of France 59 New exactions cause rebellion in the place where they are levied 6 Pope Nicholas the third useth all means to diminish the French King's power 276 247 Mr de la Noves opinion concerning the strength of the French King 77 O THe Obizes and Estentes made Dukes of Ferrara by the Pope 53 Olaus and Eustus kill the Ambassadour of Malcolm King of Scots 209 Open Enemies less dangerous to Princes then deceitful friends 106 Othagarius King of Bohemia refuseth the Empire p. 249 The Electors offer it to Rodolph Master of his Palace ibid. Othagar maketh war against him and is slain by reason of Milotas trechery 251 Otho the third the wonder of the world 5 Otho Duke of Saxony subdueth Berengarius and is made Emperour 173 Otho 's law concerning wicked Princes 204 248 The Oversight of the King of France after the murthering of the Duke of Guise 145 P THe Duke of Parma politiquely diverted from claiming his right in Portugal 68 Pope Paul the third's distaste against the Emperour Charls the fifth 100 101 The Persians poll themselves and their Beasts for the death of their King Masistias 5 The Marquess of Pescara disswaded from following Charls the fifth 243 Philip the long bestoweth upon the Duke of Burgundy the County of Burgundy 29 Pipin 's politique designs to gain the Crown of France 26 Pius quintus entreth into a League with Philip of Spain and the Venetians against the Turk 137 Poictou quitted by the King of England 45 Poland infected with sundry heresies p. 6 The kingdom of Poland after much entreaty accepted by the French king Henry the third p. 151 152 The Polanders chuse another king in his absence 154 The Pope 's power small at the beginning p. 172 By what means advanced to such a height p. 172 173 c. He flies to the king of France for aid against the Lombards p. 173 A perpetual sower of dissention between the princes of Christendom p. 177 A procurer of much bloodshed in France and England p. 178 179 Not able to yeild the Spaniard any great help 137 Portugal how it cometh of right to belong unto the kingdom of Spain p. 59. The several Competitors for that kingdom p. 60 The Author's opinion concerning this claim 60 A Prerogative belonging to Princes to sit Iudge in their own causes 213 Pride of the House of Austria by what means it might be pull'd down 255 The Prince of Conde and the King of Navar joyn with Duke Casimir 155 Princes degenerating from their Ancestors may easily be driven from their Crowns p. 6 Princes ought to submit to the observance of their own laws p. 41 They ought to revenge injuries done to private subjects p. 163 Princes of small jurisdiction as absolute as those of greater 164 The Prodigality of divers Emperours 168 Publique Declarations the usual means of promoting or justifying any designe 241 Q QUarrels with Neighbour Princes to be composed before new enterprises are undertaken 216 R REbels favoured and maintained by Princes of other Nations 13 15 Rebellions upon what small occasions they have broke out 239 Richard the first ransomed by the Clergie and Commonalty of England p. 5. He is taken prisoner by Leopold Archduke of Austria 208 Richard the third's suspicion of Henry Earl of Richmond 68 Robert King of France leaveth his Kingdom to his second Henry 39 Robert Rudolphy his practises against Queen Elizabeth at the suggestion of Spain and Rome 106 107 Rodolph of Hapspurgh bestows the Kingdom of Austria upon his son Albert p. 53 He obtaineth the Empire by cunning p. 249 Divers great Competitors at the same time p. 249 He resigneth the Exarchat of Italy to the Pope 254 Romans in enlarging their Dominions what colourable pretences they had p. 15 Courted or feared by all other Princes or States p. 64 65 Their many and mighty victories 74 75 Romulus his policy to augment the City of Rome 65 S THe Salique Law belonged only to Salem a Town in Germany where it was made p. 29 No lawful pretence to exclude Edward the third and Henry the fifth from the Crown of France 28 29 The Earl of Salisbury 's example a warning to the Guisards 148 149 Sardanapalus the pattern of a lecherous and effeminate Prince 5 The Saxons and Danes conquer England rather by subâ—ilty then force 220 Scipio the pattern of a chaste Captain 5 The Scots and Picts invade Britain in the absence of Maximinian 98 Sejanus his greatness and authority under the Emperour Tiberius 23 Servilius judgeth gentle means the best to appease the peoples rage 233 Sigibert eldest son of Dagobert contented with the small Kingdom of Austrasie 39 Sir-names given to Princes upon several occasions p. 8 The Sir-name and Title of a God given to Demetrius by the Athenians 5 Wicked or foolish Sons succeed wise
Their contracts bind them as much as Laws 19 20 R REmedies of Subjects against unjust Princes 26 S DOn Sebastian of Portugal intendeth to aid Muly Mahomet King of Morocco against his brother 28 Sforza Ursino and the Count de Terras Vedras and Emanuel Serradas unjustly executed by the Spanish King 27 The Spanish liable to be depos'd for breaking the Laws of Aragon p. 17 He entreth into a League with Muly Malucco against his own Nephew Don Sebastian of Portugal 27 The Swedish King not to make war without leave of the States 21 THE STATE OF CHRISTENDOME AFter that I had lived many years in voluntary exile and banishment and saw that the most happy and fortunate success which it pleased the Almighty to send unto my gracious Soveraign against the malicious and hostile Attempts which the Spanish Monarch both openly and covertly practised against her sacred Person and invincible State and Kingdom I began to despair of my long desired return into my native Countrey and to consider with my self with what price I might best redeem my sweet and inestimable liberty Sometimes I wished that her Majesty had as the Italian Princes have many confined and banished men abroad upon whose heads there are great Fines set to invite others to kill them in hope to receive those Fines in recompense of their murther But my wishes vanished as smoak in the wind and as long as I dwelt in those cogitations me-thought I did nothing else but build Castles in the Ayr then I applied my wits to think upon some other means of better hope and more probability and supposed that to murther some notable Traytor or professed enemy to my Prince and Countrey might be a ready way to purchase my desire But the great difficulty to escape unpunished the continual terror that such an offence might breed unto my conscience and the perpetual infamy that followeth the bloody Executioners of trayterous Murderers for I held it trayterous to kill my friend and acquaintance made both my heart and my hand to abhor any such action Martius Coriolanus seemed unto me a most happy man who when in revenge of a few mistaken injuries he had wrought his Countrey great despight and annoyance suffered himself with much difficulty to be intreated by his Wiâ—e his Mother and the Senate of Rome to return home and to become so great a Friend as he had been a Foe unto his country That day should have been more joyful unto me then the day of my birth and nativity wherein I might have seen a Letter from any of my friends with assurance of my pardon to call me home But I find my self so much inferiour to Coriolanus in good fortune as I come behind him in manly valour and other laudible qualities Whilest I lived in this perplexity I hapned by chance to meet with an honest and kind English Gentleman who was lately come out of Italy and meant to sojourn a few moneths in France and then to return into England He knew both me and my friends very well And although his License forbad him to converse with any Fugitives yet hearing by common and credible report that I was not so malicious as the rest of my Countrey-men but lived only for my conscience abroad he adventured now and then to use my company and with me and in my hearing to use greater liberty of speech then with any other of our Nation Whereupon I presumed that as I was trusted so I might trust him again and as he did conceal nothing from me so I might adventure to reveal to him the secret projects of my inward cogitations I therefore acquainted him with my eaâ—nest desire to return and with the great difficulty which I found to procure my return and he perceiving that my words agreed with my wishes and that my tongue uttered nothing but what my heart thought promised me faithfully to effect my desire if I would be content to grant his request I presuming that he would demand nothing but that which should be both honest and lawful gave him my faithful promise to satisfie his demand He accepted my offer and uttered his mind in this manner In my travel I have heard many things which I knew not when I came out of England and no more then I would and yet much more then I can be well able to answer when I come home if you will be as willing as I know you are able to frame me a good and sufficient answer to all that I have heard all the friends which I have in England shall fail me but that I will purchase your return home with credit and countenance And because your promise bindeth you to vouchsafe me this favour I will as briefly as I can possible shew you to what points I shall need and most desire your answer I heard Princes generally reprehend the Flomings perhaps more boldly then justly accused of rebellion the French men I know not how truly burthened with the same crime and our Sovereign in my poor opinion wrongfully blamed for aiding both the French and Flemish Nations I heard some men to maintain this strange opinion that the Turk had long before this day been utterly subverted or sorely weakned had not her Majesty holpen those two Nations which hindred both the French and Spanish Kings from imploying their united forces to the utter subversion of the Turk I heard some men charge us with vain-glory as men that had learned of the vain-glorious Souldier in Terence to brag of our valour and exploits in France where they could hardly believe that we ever obtained the tenth part of that which we boast to have atcheived And others who were better acquainted with our Histories and more affected with our conquests do wonder and marvell greatly howwe could lose in a very few years all that our Predecessors got with much effusion of blood and with great difficulty I heard the Spaniard our mortal and professed Enemy highly commended for that his Predecessors could of a mean Earl make themselves mighty Monarchs and because that he with his wisdom doth maintain and keep all that they got I heard his might magnified his Policy admired his Government extolled his Wisdom commended his Wealth feared and all his Actions justified I heard contrarywise our Portugal Voyage condemned the Cause thereof disliked the Success dispraised the Entertainment given unto Don Antonio disallowed and her Majesty accused to have given the Spaniard many and divers occasions of discontentment The death of the late Queen of Scots The intercepting of certain monies sent into the Low Countries The proceeding against Catholicks the expulsion of the Popes authority out of England the sending away of the Spanish Embassadour in some disgrace and our League and Amity with the United Provinces are the principal causes that displeased the Spaniard I heard it imputed unto her Majesty as a fault that her Grace continued in league with the late French King who was charged to
principal use and commendation hath been and is to set Princes at unity which be at variance indeavoureth not to reconcile but to animate them in their Quarrels who have taken unjust or not very just occasions to war one against another And that by this common negligence the common enemy is not repulsed but encouraged to increase his over-large Confines and Territories To this I will Answer before I come unto other Points This negligence as I have said before is no newthing nor these troubles in France and Flanders a strange President nor the Causes moving or continuing the same are such as never hapned in any other Age They therefore who blame our time for this respect should remember that the Turk is grown unto his greatness by the dissention of Christian Princes only And that they may the better perceive herein I report a manifest truth I will prove as much as I have said by many examples It is not unknown unto them that be conversant in Histories That the Turks first beginning was very base and obscure That his power was weak and feeble and his Dominion small and of less moment which he hath enlarged by taking advantage of the discord and variance of Christian Princes who when they have been in Arms against him for and in the defence of the common Cause have overthrown the common Cause by sudden jars and debates which arose both untimely and unfortunately amongst themselves About the year 1106. Baldwin being Successor unto his Brother Godfrey of Bulloin Duke of Lorrain in the Kingdom of Ierusalem the Christians besieged Carra in Mesopotamia and having with continual Seige and sundry Batteries driven the same unto great extremities they that were in the City determined to yeild themselves unto the mercy of the Christians amongst whom suddenly there arose a strife and contention whose the City should be and so they deferred the entring thereof until that controversie was decided in which interim there came such great succor of the Turks and Moors that they overcame the Christians and cut all their throats In like manner the Christians laying Siege unto Damasco and having equalled the Walls thereof with the ground through discord and dissention growing suddenly amongst them they departed without taking the same and thought it better to leave it unto the Infidels then for one Christian to see it in the possession of another And not long after the Turk by the departure of Conrade the Third Emperor of the Romans and of Lewis the French King who returned to their homes by reason of civil Wars begin in Germany by Gulfin a Rebel of the Empire the Christians lost the whole Country of Edissa and whatsoever else they held in Mesopotamia Furthermore Baldwyne the seventh King of Ierusalem being dead and leaving behind him one only Infant while Guydo Lusignian and Raymond Earl of Trypoli Brethren in Law unto the King contended who should succeed him Saladyne King of Damasco hearing of their contentions secretly sent word unto the Earl Raymond that if he would circumcise himself he would help and assist him with all his Forces against Guido and make him King of Ierusalem unto which his offer although the Earl gave not open ear at that time yet by outward shews he declared his good liking and delight therein and became Saladines great friend and confederate who seeing the Earls inclination favour and readiness assembled presently a great Army of Moors and Turks and set upon the City Tyberiades belonging unto the Earl Raymond for so it was secretly agreed betwixt them thereby to make his Brother in Law Guydo Lusignian to come to succor him and then either to kill him or to take him by the Earls treachery as they indeed took him in a certain Battel wherein all the Christians were slain and Saladine took Ierusalem and all Palestina in the Moneth of October in the year 1187. And Raymond in hope that Saladine would perform his promise circumcised himself but he failed of his purpose For the Turk was so far from keeping of his word that be drave Raymond from all that he had in possession whereupon he dyed suddenly as some say and others write that he fell into such a desperation that he hanged himself So likewise by the discord of the Inhabitants of the City of Acon the Moors and Turks slew above 30000. Christians And the Tartarians came into Hungary and Polonia and destroyed both the one and the other Armenia The Emperor Frederick Surnamed Barbarossa and Philip King of France together with Richard the first King of England lamenting the late loss of Ierusalem resolved to combine themselves and with their untied Forces to recover the same And being come unto Suega and having obtained divers great and important Victories by reason of discord and dissention betwixt the two Kings the French King not only returned into France but also made War upon King Richard in his absence for the Dukedome of Normandy which King Richard understanding although he was then in a readiness to win Ierusalem and did great hurt daily unto the Infidels insomuch that Saladine purposed to yeild Ierusalem up into his hands returned home into his Country leaving the most honourable Enterprise which he had begun And the Turks who were sorely decayed and weakned in strenght through the benefit of his sudden departure not only recovered that which they had once determined to give over unto the Christians as already lost but also drove them from those places which before his departure they quietly possessed It is likewise Recorded of Frederick the Second that he being excommunicated by Gregory the ninth and having no other means to purchase his Absolution determined to go unto Asia and to recover Ierusalem at his own proper Charges Where the Almighty so favoured him that Ierusalem was delivered unto him by composition and he was Crowned King thereof upon Easter day in the year of our Lord 1229. and because he was also King of Sicily the Kings thereof at this day bear the name of Kings of Ierusalem But whilst this Emperor was busied in the Wars and Affairs of the Holy Land the Pope maligning him for the Kingdom of Sicily procured him secret enemies in Italy mighty Adversaries in Germany and such Rebels in every place where there was any thing appertaining unto him that the good Emperor was constrained to return and to imploy his whole power and strength for the recovery and conservation of his own After whose departure the Christians by the Popes Counsel breaking the Truce which the Emperor had taken with the Turk for their advantage and dividing themselves into Factions by the imitation and example of Italy which was divided into Guelfians and Gibbilines made civil Wars one against another And when the other part was assaulted by the Turks and Infidels they did not only not help one another but of set purpose the one part assisted the very Moors against the other by whom they were both
life and welfare of his Subjects but when the Prince casteth off humanity and the Subjects forget their duty when he mindeth nothing less then the publique wealth and they suffer things whereunto they have not been accustomed when he breaketh Laws and they desire to live under their ancient Laws when he imposeth new Tributes and they think themselves sufficiently charged and grieved with their old when he oppreseth and suppresseth such of the Nobility as favour the common people their ancient Lawes Priviledges and Liberties and they take the wrongs that are done unto their Favourers and Patrons to be done unto themselves and their Posterity Then changeth love into hatred and obedience into contempt then hatred breedeth disdain and disdain ingendereth disloyalty after which follow secret conspiracies unlawful assemblies undutiful consultations open mutinies treacherous practises and manifest rebellions The chief reasons whereof are because the common people are without reason ready to follow evil counsel easie to be displeased prone to conceive dislike not willing to remember the common benefit which they received by a Prince when they see their private Estates impoverished by him or his Officers forgetful of many good turns if they be but once wronged more desirous to revenge an injury then to remember a benefit quickly weary of a Prince be he never so good if he be not pleased to satisfie all their unreasonable demands easily suspecting those who are placed in authority over them commonly affecting time that is past better then the present briefly all liking what the most like all inclining where the greatest part favoureth all furthering what the most attempt and all soon miscarried if the most be once misled This natural disposition of the common people is proved by common experience observed by wise Polititians and confirmed by many examples not of one Realm but of many Nations not of one age but of many seasons not of barbarous people but of civil Realms not of Kingdoms alone but of other manner of Governments briefly not of Subjects living only under Tyrants but also under the best Princes that ever were for there is no Kingdom comparable unto France for antiquity or for greatness for strength or for continual race of good and vertuous Kings for absolute government of Rulers or for dutiful obedience of Subjects for good laws or for just and wise Magistrates and yet France that hath this commendation and these benefits hath many other times besides this and for other occasions besides the causes that now moveth France to rebel revolted from her liege Lords and Soveraigns for proof whereof let us examine and consider the causes and motives of this present Rebellion begun in the late Kings time and continued in this Kings days They that write thereof at large and seem to understand the causes of this revolt more particularly then others affirm that this Rebellion began upon these occasions The Authors and chief Heads thereof saw Justice corruptly administred Offices appertaining unto Justice dearly sold Benefices and Ecclesiastical dignities and livings unworthily collated new Impositions dayly invented and levied the Kings Treasures and Revenues prodigally consumed old Officers unjustly displaced and men of base quality unworthily advanced they saw the late King carried away with vanities governed by a woman entred in League and Amity with their Enemies and fully resolved to follow his pleasure and to leave the administration and government of the whole Kingdom unto their mortal Enemies They saw him careless in the maintainance of their Religion unlikely to have any issue to succeed him not willing to establish any succession of the Crown after him and obstinately minded not to enter into League with them that intended and purposed to uphold and maintain their Catholick Religion Lastly they saw that as long as he lived the King of Navar and his followers could hardly be suppressed and that as soon as he dyed the said King was likely to be his Successor which hapning they considered the desperate estate of their Religion the sure and certain advancement of the Protestants and of their cause and quarrel the utter subversion of all their intents and purposes And lastly the final and lamentable end of the greatness of themselves and of their Families Wherefore to withstand all those mischiefs and inconveniencies and to prevent some of them and to redress and reform others they called a general Assembly of the three Estates implored the help of forreign Princes levied as great Armies as they could possibly gather together propounded means of Reformation to the King and when they found him not willing to yeild to their advise and counsel they combined themselves against the Protestants his pretended and their open enemies seized upon greatest part of the Kings Treasure took possession of his best Holds and Towns of strength removed such Officers as disliked them and in all Affairs that concerned the advancement of their Cause imployed men fit for their humours made for their purpose brought up in their Factions practised in their Quarrels affectioned in their Cause and wholly devoted to their wills and pleasures And because they found themselves unable to encounter with the late King and his Confederates unless they were also assisted by some forrain Princes they sought all ways and means possible to insinuate themselves into the Grace and Favour of strange and mighty Potentates to recommend their Cause and Quarrel unto their protection and to joyn their Domestical power with their forrain Enemies They consider therefore that the Popes Holiness by the heat and vehemency of the hatred which he beareth unto Protestants The King of Spain by the greatness of his Ambition and the Duke of Lorrain by the ancient envy and enmity which hath been and which is betwixt him and the House of Bourbon might easily be perswaded and induced to favour their party and further their Attempts and Enterprises The Duke of Guyse as chief Head and Patron of these Actions sendeth Messengers unto every one of these Princes beseeching them as they had heretofore secretly favoured him and his complices so they would now that matters were grown to ripeness and secret Conspiracies to open resistance vouchsafe him and his Confederates their help and assistance to the utmost of their power In which Suit he findeth happy success and with promise of assured and sufficient aid is animated to proceed with courage and not to omit any manner of cunning and policy to win unto himself as many friends as he might possibly He therefore considering that for the better accomplishment of his designs it was needful and expedient for him to continue at the Court and there to draw unto himself as many partakers as by any means possibly he might obtain repaireth thither with all diligence And knowing that he should undoubtedly fail of his purpose unless he might effectually compass three things of special consequence he laboureth to the utmost of his power to bring them
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
Point I likewise Answer briefly That the Law that provideth for the remedy of such as by Imprisonment or by violence and just fear and such as the Law â—aith cadet in fortem virum have yeilded to any inconveniency extendeth not in my simple conceit her force unto the Contracts of Princes which are celebrated and concluded after long Wars betwixt them For if Conquerors might not impose what conditions of Peace they please upon the conquered there would never be any end of Wars And as private men being in troubles may even in cases which admit no giving or taking on any side as for Ecclesiastical livings betwixt Ecclesiastical persons redeem their troubles by giving or taking whatsoever shall be agreed upon and with the best conditions they may so in Wars Princes who have lost the field and so weakned their Forces that they are able to make no longer resistance may lawfully alienate the more part of the Revenues of their Crown to purchase their liberty and their Subjects quiet who if their Princes might not capitulate with his and their Adversary in such manner as the Conqueror shall demand should be deprived of their lives liberties and Livings of all which three every King is sworn to have a special care and regard and to seek all means possible to preserve them all And in consideration hereof it is usual amongst Princes rather to lye in durance a long time then to yeild to the unreasonable demands of their enemies whilst they are in the heat of their choller and indignation because when their wrath is somewhat asswaged and either time or intercession of other Princes who commonly in such cases interpose their helping hands and be Mediators of Peace mitigated and moderated their anger they are willing to yeild to reasonable conditions For confirmation hereof I could alleadg many examples but I will deal with a Frenchman at his own weapon Guicciardine in his before mentioned History discoursing at large of the hard measure that was offered unto Francis the first King of France after he was taken Prisoner at Pavia in Italy by the Army of the Emperour Charls the fifth saith That there were never but two Kings of France taken prisoners in the field to wit King Iohn and the said Francis King Iohn was so kindly used in England where he lay above 2 years priâ—oner that after he was delivered thence he would needs go thither again to see his good Host for so he termed the King of England whereas Francis the first albeit he greatly desired to be transported out of Italy into Spain being in great hope and confidence that the Emperor who had seen the change and variety of time and also the inconstancy of fortune would have some Princely compassion upon him found all things contrary to his conceived hope and expectation for he was committed to hard prison kept with a continual and strong guard not attended upon as a Prince of his might and greatness ought to have been hardly suffered to speak with his Sister who was sent out of France on purpose to comfort him and never brought unto the Emperours sight and presence until that through grief and melancholy he fell into so dangerous a sickness as made the Phisitians almost despair of his recovery the Emperour not for love as Guicciaraine affirmeth but for fear to lose by his death all that he hoped to get for his Ransome went to visit and comfort him The reason of this hard usage was to inforce him by long durance and want of liberty to redeem his troubles upon hard conditions And although he had oftentimes answered the Emperour that he had rather dye in Prison then yeild to his unreasonable demands which could not be well performed without the great prejudice yea almost the utter subversion of his Kingdom and had accordingly written unto his Nobility and Council in France that they should make no more account of his life or liberty because the demands of his Ransome were too too unreasonable yet he was forced at length to subscribe and consent unto such hard conditions and Articles as were agreed upon by Charles the fifth and his Council Which indeed were so hard that although his Sons lay in Spain as Hostages for their performance yet after he was delivered he would not see them accomplished but fell a fresh to Wars with the Emperor and in the end by the intercession of other Princes made a more reasonable end But King Iohn as both the French Chronicles and ours do report was set at liberty with more equal conditions and yet the same were not performed And the Frenchmen in all Treaties of peace with us have either gone so far beyond us with their wits that they have oftentimes greatly deceived us or have so fraudulently violated all or the more part of the Articles of their Agreement that our victories being many against them never yeilded unto us any great commodity or advantage The consideration whereof moved one of their Writers to say that we never won any thing of them by the dint of Sword but they recovered the same again by the sharpness of their wits And another Historian of theirs mocketh us in his writings and saith That when we come to treat with them of Peace we sit down proudly and with great words extoling our exploits valour and good success against them in the beginning of our parts we do demand no less then the whole Kingdom of France but in the end of them we fall from Mountains unto Molehills Now sithence we by their own confession have been so courteous and reasonable that we have yeilded them far better favour and better conditions of peace then they hoped for and they contrarywise have dealt so craftily and so deceitfully with us both in the time of King Iohn and others before the Reign of Charles the Sixth that we cannot be blamed for dealing more hardly with them in the said contract and for using the surest way we could devise for our security and assurance of that which was promised unto us And certainly as the Treaties and Conclusions of peace made with King Iohn and King Francis were in the opinion of the best and learnedst Lawyers of Europe held lawful although they were not in all points performed so the Contract made betwixt Charles the Sixth and his Son-in Law Henry fifth of England was undoubtedly agreeable to Law and Equity for otherwise Princes should be in worse condition then Subjects who are bound to perform every point of a reasonable contract or agreement which they make But it was hard to demand and take a whole Kingdom True if conquests were not lawful we should have dealt so favourably with Charles the Sixth as our Predecessor did with King Iohn it might be we would have done so if King Iohn and his Successors had not before oftentimes deceived us Princes do not usually take advantage of their enemies when they have the upper hand over them
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
of his life in a house of Religion And that the Peers of France not regarding the young years of Charls the son of Lewis their King deprived him of his right and made Eude Earl of Paris king of France You may think it as lawful for Charls the 6. to deprive his Son Charles of his Inheritance for the horrible murther committed as it hath been said on the person of the Duke of Burgundy a Prince of the blood royall a Peer of France and a Counsellour unto the King his Father and for the great manifest and undutiful disobedience which he shewed unto his Father as it was for the States of the same Realm to deprive Theodorick for his Insufficiency Lewis for his Pusillanimity and Charles for his youth So you see the last Objection refuted by their own Examples And as you see the cause why it is said that the Kings of France cannot dis-inherit their children so I will let you understand the reason why they have invented a new shift or device thereby to deprive those of their due who made claim to such debts as the Kings of France owed them There was a time and so it is still when a King of France dyed greatly indebted to the Switzers which debt they challenging of his immediate Successor and Heir who dyed in their debt It was answered that although true it was that Contracts do bind the Contrahents and their heirs as well private men a Princes yet the Kings of France not succeeding as Heirs but as Successors by custom are not within the meaning and sense of that Law which speaketh of Contracts and their Contrahents and their Heirs only By which cavil the poor Switzers were deceived of their due debt as we English-men have been debarred of our Claims Titles and Rights sometimes by the Law Salique which was as I have said no Law of France and sometimes by such exceptions devices and subtleties as I have lately specified The fourth point whereat they wonder is why the Kings of England having good right unto the Crown of France and better success when they demanded their Right by Fire and Sword do not still prosecute their demand and did quickly lose whatsoever they or their Predecessors got in many years This point consisteth of two several points the one why we forbear to challenge our right the other by what occasion we lost all that some of our Kings had conquered especially Henry the fifth who subdued the greatest part of France and although he dyed very young yet he left his Son Henry the Sixth being an Infant of few years so mighty at home so be-friended abroad so accompanied with good Souldiers so well assisted with good Counsellours so followed by cunning and expert captains and so directed by wise and discreet Generals that when he was but ten years of Age he was crowned at Paris King of France by the Dukes of Bedford and Burgundy and in the presence of the chief Peers and Nobility of France This first point is easily answered because ever since the first time we laid claim to the Crown of France those Princes of ours who were Martial men and inclined to Wars demanded their Right by open Wars as both ours and their Chronicles do testifie But it pleased God sometimes to send us as he doth unto other Kingdomes such Princes as were rather given to pleasure and unto peace rather then unto Wars and Martial exploits in whose time the Frenchmen were wise enough to take advantage of their quiet and peaceable natures and when our Kings and Subjects following as Subjects commonly do the humours and qualities of their Princes gave themselves unto pleasures and pastimes the French followed the Wars and either by open Invasions or by subtile devices recoverd part of their losses Besides it hath sometimes fortuned that when we had valiant Princes and such as hath both good will and sufficient power to recover their Right our Realm hath either been divided within it self and by domestical dissention hindred to prosecute Forraign Wars Or that our Kings coming by their kingdoms by force of Armes have had more mind and occasion to stable and assure the same unto themselves and their Heirs then to make Wars abroad Again during the contentions betwixt the houses of Lancaster and of York sometimes the one part and sometimes the other sought favour and friendship and alliance of the Kings of France and they who prevailed in their attempts and purposes by their aid furtherance and sufferance thought it an especial point of wit and policy to seek and continue their Amity yea and sometimes to buy the same with very hard conditions lest that having them for their Enemies they should either invade their Realms or assist their Competitors who most commonly fled unto them for help relief and succour For as many of our Kings as have been driven out of their Royal Seats and Dignities by their domestical Adversaries have been either entertained or restored to their Crowns by the Kings of France and Scotland the Dukes of Burgundy or the Princes of Henault as were Edward the fourth Henry the second the sixth and the seventh Besides some of the kings of France as namely Lewis the twelfth and Francis the first doubting that our Kings would annoy them at home whilest they were busied in Forraign Wars corrupted our Kings Council with bribes and with yearly rewards and pensions made them so bound and beholding unto them that they did not only bewray their Masters secrets but also diverted their purposes and if at any time they were purposed to molest France or to joyn with the Enemies of France they changed the Kings minds and perswaded them not only not to hinder but also to help and further the French Kings in all their Enterprises and against all their Enemies And they were not only contented to â—ee our cheif Counsellors as Francis the first â—id Cardinal Wolsey who bare such sway with Henry the eighth changed his determination so often made him friend and enemy to whom he would and favoured the Emperour Charles the fifth and sometimes the French king his common Adversary in such manner that it was commonly said that Cardinal Wolsey ruled the French King the King of England and the Emperour but also they purchased our Kings favour and furtherance with yearly Fees and Pensions For it is written that Lewis the eleventh to retain and entertain the King of England for his friend payed him yearly in London 50000 Crowns and bestowed yearly 16000 other Crowns upon his chief Counsellors the Lord Chancellor and the Master of the Rolls and when our King had any occasion to send any Embassadour unto him he received them so honourably entertained them so friendly rewarded them so liberally and dispatched them with so fair words although their Embassage was never so unpleasant and displeasing unto him that they departed alwayes very well contented And albeit that some
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
she might happily be enabled to maintain either all or part of the Expences of those Wars with his Treasure And having learned of men of great experience what Forces would suffice to effect her desire and purpose thought it superfluous and needless to send thither greater strength then they not unadvisedly required And albeit neither her Majesty nor the Lords of her privy Council were ignorant that the Indians were far stronger then when they were first conquered And therefore that such a Navy as was first sent thither could not work the like effect there yet both her Grace and they thought it not meet to employ any more of her own or of her Merchants Ships in that service lest that the Spanish Fleet which was expected in England many years before it came coming upon her Realm in the absence of Sir Francis Drake and his Consorts should not have found the same sufficiently provided to make such resistance as was needful For as it sheweth courage in a Prince to give the first on-set upon his enemies within his own Dominions so it argueth want of discretion and wisdom to assault his adversaries with such force and power as if the enemy in absence thereof invade his Realm there should not be found at home an Army sufficient to withstand his Invasion Now as touching her Majesties Attempt made against Portugal and Spain The manner thereof is not unknown unto the world the cause is notorious and the success is not hidden nor secret For Mr Anthony Wingfields and Mr Dr Doylies Books the one in English the other in Latine set down the order motive and the event of that Attempt so truly so fully and so plainly as I shall not need to say any thing thereof especially having already touched his Right at large for whose cause and at whose instance the Voyage was undertaken But because the said Books make but a plain and true Narration of the Journey and of the cause and success thereof leaving the Justification of the same cause unhandled and you desire to see the same confirmed and strengthned by some examples declaring the equity thereof I will in this Point somwhat satisfie your desire and pleasure Presupposing therefore Don Antonion his Title to the Kingdom of Portugal to be just and right as his own Apology can and doth testifie I think it will not be denyed but that what help soever was or shall be hereafter yeilded unto him for the recovery thereof was and will be both warrantable by Law and justifiable by many and infinite Histories The Law be it of Nature or of Nations warranteth any man whatsoever Vim vi repellere to repel force by force which is not tyed to this bare sence and meaning only That it shall be lawful for him to defend himself only against him that assaulteth his person or endangereth his life but it reacheth further and giveth him leave to use any moderate violence yea sometimes to kill him if he cannot otherwise retain his own that goeth about by main force to put him out of possession of his lands and inheritance or to take away his goods from him The same proceedeth further with us in England and in France and provideth that if a man be assaulted and others stand by and help him not they are held for partakers of the violence that is offered unto him and if a man be robbed upon the high-way and Hue and Cry be not made presently after the Theeves the Town Village or Hamlet which presently pursueth not the Malefactor shall answer whatsoever is taken from the party that is robbed The reasons of this Law are many First it is expedient for the Common-wealth to conserve the lives and goods of the Subjects thereof then there should neither be Meum nor Tuum if this Law did not take place Next the first and especial cause of assembling Societies together and of making and fortifying Villages Towns and Cities was a desire and care which men had to live together in safety as well of their Goods as of their persons Lastly nature detesteth unlawful violence desireth the conservation of her Creatures tendreth their welfare and hateth the Procurers of her harm and detriment and therefore provided Princes that should minister Justice unto all men indifferently defend the innocent valiantly maintain their Subjects in peace continually and duly inflict condigne punishment upon the breakers and perturbers of peace and tranquility Now because Justice loseth her name and majesty unless a proportionable Equity be observed in the administration and exercise thereof as private mens security is regarded and tendred in Justice so the Law must likewise have the indempnity safety and commodity of Superiors Magistrates and Princes in recommendation otherwise they should be in far worse case then their own Subjects are For the wrongs that are done unto them are righted by their Magistrates and therefore it standeth with good reason that some provision be made and some care had for the reformation of such injuries as are offered to the Kings and Princes If a Subject be thrust out of possession of his proper Inheritance the Law provideth that he shall be presently restored thereunto And if a king be wrongfully driven out of his kingdom shall not he be allowed to seek a restitution thereof He shall but how Forsooth at his hands who hath deprived him but what if the Usurper will not yeild to his petition he is then to implore the help of other Princes and they on his behalf are to pray and admonish the Usurper to make restitution of all that he detaineth wrongfully whereunto iâ— he shall not hearken after due admonition given unto him they may junctis viribus invade his Realm and by main force inforce him to restore whatsoever he with-holdeth unjustly For this charge lay upon the Emperours as long as they were of sufficient force and authority to command and controll the Kings of this world But now that the Imperial Majesty is somewhat abated and Kings have freed and emancipated themselves from the Emperours power and jurisdiction it remaineth as part of the charge of Kings to see that no violence be offered unto their Colleagues and especially unto their Confederates Therefore it is usual amongst Princes to enter into Alliance together with express conditions to take the Enemies each one of the other for their own Enemies and not only to defend their own Estates against all men whatsoever but also to offend him whatsoever he be that shall attempt any thing to their prejudice and there is nothing more common then to see Princes oppressed to fly for aid unto the Oppressors Adversaries and to receive help and succour from them They therefore are highly commended which receive and harbour a distressed Prince and they contrarywise worthy of perpetual shame and infamy which either refuse to receive such an one or after his receipt offer him any manner of wrong or violence because as to adde affliction unto the
Recaredus King of the Goths and of Spain was the first King that expelled the Arrian Heresie out of his kingdom and expresly commanded all his Subjects to receive and profess Christian Religion Whereby it appeareth that Spain lived from the time of St. Iames and St. Pauls being there until Recaredus his Raign which is better then four hundred years in manifest and manifold Heresies a crime which cannot be proved to have been in England or in many other Nations after they had once submitted themselves to the Doctrine of Christ and his Disciples Lastly if Spain will still continue to brag and say that their King Ferdinand was entituled by Alexander the sixth by the name of the Catholique King they may leave to boast thereof when they shall hear that Henry the eighth our King not much after the same time was surnamed by Leo the tenth Pope of Rome Defender of the Catholique faith and that the Switzers for their service done unto the same Pope Leo the tenth received of him the Title of Helpers and Protectors of the Ecclesiastical Liberty a Title in no respect inferiour unto that of Spain And lastly that Clouis King of France above nine hundred years before their Ferdinando the fifth was honoured with the Title of The most Christian King A Title as for Antiquity so for worthiness better then the other because the French Kings for the worthiness and multitude of their deserts towards the See of Rome are called Primâ—geniti Ecclesiae the eldest Sons of the Church of Rome Now from their faith towards God to their fidelity towards their Princes a matter sufficiently handled and therefore needless and not requiring any other confutation then the advantage that may be taken of Vasoeus his own words for if they have been faithful unto forrainers and strange Princes and have submited their necks unto many several Nations it argueth inconstancy fellow-mate to levity which is either a Mother or a guid unto disloyalty because light heads are quickly displeased and discontented minds give easie entertainment unto rebellious and treasonable cogitations To conclude then this Point with their learning let me oppose a Spaniard unto a Flemming a man better acquainted with the vertues and vices of his own Country then a stranger a man who giveth his Testimony of Vasoeus and of the cause of his writing of the Spanish History Iohn Vasoeus a Elemming seeing the negligence of the Spaniards and how careless they were to commit to perpetual memory the worthy exploits and actions of their own Nation began of late years to set forth a small Chronicle Why then the Spaniards are negligent they are careless of their own commendation so thought Vasoeus or else he had not written their History so saith Sebastianus Foxius the man whom I bring to confute Vasoeus the man who by attributing as you have heard more unto himself then any modest man unless it were a bragging Spaniard would do giveth me occasion to think that he will not derogate or detract any thing from the praises due unto his own Country This man therefore in his before mentioned Book speaketh thus of the learning of Spain Our Country men saith he both in old time and in this Age having continually lived in forrain or domestical Wars never gave their minds greatly unto study for the rewards of learning in our Country are very few and they proper unto a few paltry Pettyfoggers and our wits being high and lofty could never brook the pains that learning requireth but either we disdaining all kind of study give our selves presently to the purchase of Honours and Riches or else following our studies for a small while quickly give them over as though we had attained to the full and absolute perfeâ—tion of learning so that very few or none are found amongst us who may compare for learning with the Italians or have shewed the ripeness and sharp maturity of their wits in any kind of any kind of study You have heard two contrary opinions touching the Spaniards learning I leave it to your discretion to follow and beleeve which of them you please and withal to consider by the way what manner of Ecclesiastical Discipline and Government we should have if the Spanish ignorant and unlearned Clergy might as they have a long time both desired and endeavoured prescribe Laws and Orders unto all the Churches of Christendom The favourable Assertions in the behalf of Spain being thus briefly refelled it remaineth now to make a conjectural estimate of the Spanish present Forces by an Historical Declaration of the power thereof in times past and because it were over tedious to trouble you with the recital of such forces as Spain hath imployed many hundred years ago in her own defence or in disturbance of her forrain enemies abroad I will restrain my self unto such a time as is within the memory of man and especially unto the Raigne of Charls the fifth For as I take it Spain was never for this many hundred years so strong as when the said Charles was both King thereof and Emperor And albeit Piero Mexias in the life of Gratianus the Emperor attributeth so much unto Spaniards as that he more boldly then truly affirmeth that the Emperor flourished more under Spaniards then under any other Nation whatsoever and alledgeth for proof of his Assertion the flourishing Estate thereof under the before named Charles the fifth Yet I think that the Empire being added unto Spain rather beautified Spain then that Spain being conjoyned with the Empire did any thing at all illustrate the majesty of the Empire because as little Stars give no light or beauty unto the Moon but receive both from the Moon so a lesser dignity being joyned to a greater addeth no reputation thereunto but is greatly honoured and beautified by the conjunction thereof neither redoundeth it much in my simple opinion unto the honour of Spain or of the Empire that Charles the fifth was Emperor Spain is not greatly honoured thereby because Charles the fifth was a Flemming and no Spaniard and Spain came unto him as I have said by marriage with the heire of the Kingdoms of Arragon and Castile and the Empire was rather disgraced then honoured by the said Charles because he being born in Gaunt was not onely a vassal and natural-born subject unto the King of France but also unto the See of Rome for all the Dominions Lands and Seigniories which he had in possession saving those which he held of France and the Empire But Charles the fifth such an Emperor as he was and undoubtedly he was a very mighty wise and politick Prince never brought into the Field against any of his Enemies whatsoever so great forces and so mighty an Army as might worthily be called invincible by which name the proud and bragging Spaniards baptized their late Army against England This Emperor being as you may conjecture and perceive by that which hath been already said both Ambitious and Warlick
are Christians and Catholicks he may have far better assurance and confidence then of Turks and Infidells Truly I have heard the befoâ—e mentioned French king greatly blamed for entring into League with the Tuâ—k and his honour and reputation hath been and still is so much blemished thereby that a very wise and grave Author of our time to cover his fault with some honest pretence hath been enforced to distinguish how and in what manner a Christian Prince may be at league with the Turk The causes for which a Christian Prince may as he saith enter into League and Amity with this common Enemy of Christians are either to obtain Peace or Truce or to end a contenâ—ioâ— and quâ—rrel for any Dominion or Seigniory to have reparation and amends for wrong done unto him or to entreat leave for his Subjects to trade traffick iâ—to his Countries and not to yeeld him any aid against his Enemies And the same Author addeth that the said Francis being continually assaulted by the Emperor Charles the 5th and by the king of England within his own Realm and not being able to make his party good against them and other enemâ—es who at their instigation and request did put him ofttimes in great manifest danger to lose his whole estate was counselled by his wisest Friends for his better defence to joyn in amity with Sultan Solimon who was better able then he to interrupt and cross the violent course which Charles thâ— 5th took to make himself Lord and Monarch of all the world Necessity therefore enforced Francis the first to enter into this League without the which he had been in great pâ—rill and hazard of losing his whole Kingdom For conservation whereof I read in Histories that a Predecessor of the Spanish King called Peter confederâ—ted himself with the King of Bellemarine a Sariziâ— married his Daughter and renounced his Faith and profession of a Christian. Considering therefore that necessity hath no law that Commoditie and sweetness of Rule and Governmenâ— maketh many good Christians to forget themselves and their Duties that extreame malice conceived and borne against an Enemy hath constrained many Princes to seek to be in League with their very Adversaries and that a noble and valiant heart detesteâ—h nothing more then to yeild unto his Enemies and laboureth by all meanes possible to avoid that dishonor No man can can justly condemne Francis the first or the Duke of Milan Now touching the Queen of England her Majesty having alwais the feare of God before her eyes and walking in his waies as much as any Prince of Christendome hath alwaies thought no better of the Turk then he deserveth as well because she hath nothing to do with him as for that by reason of the great distance that is betwixâ— her and him she hath less occasion to stand in fear of his forces then any oâ—her Prince of Europe True it is that in regard of the late Traffick which some few of her Merchants have into Turky to their great benefit and advantage her Majestiâ— hath suffered them to have their Agent there who carrieth not the nâ—me of Ambassador as the Emperors the French Kings the Spanish Kings the Venetians and other Christian Princes Ambassadors do and yet his Credit is such that either with favours or with presents wâ—ereof the Turke is very desirous and coveteous he might have broken the League of peace and Truce which is betwixt Spain and hâ—m to the Spanish Kings great hurt detriment But heâ— Majestie had â—ather that the Hâ—stories of our timâ— should mention her vertues then declare her policies and thinketh it far better that as all men of our Age commend her Beautiâ— her bountiâ— and her goodness so her after-Commers should have occasion to pâ—aise and exâ—oll her constancy and Religious affection towards God and the Common wealth of Christendome But to returne to the Spanish league with the Peeres of France I think no good Christian can think bâ—tter of them then of a Turk and I am of opinion that the League and Amâ—ty of Turkish Infidels is more to be esteâ—med then the friendship of these Leaguers more profitable and advantageous unto him that shall stand in need thereof and more assured and firmâ— unto any one that have occasion to rely thereupon For since that these Rebels have deserved to lose their Lands and possessions have incurred the odious and detestable Crime of Treâ—son and have worthily merited the name of Traytors and Conspirators there can be no other League or Amitie with them then is with Theeves and Felons the societie and conversation with whome hath been in all Ages and in all places accounted as most odious and execrable yea by how much a Traitor is more odious and wicked then a Thief by so much his Infamy shame and dishonour is greater who asâ—ociateth himself with a Conspirator be iâ— that he conspireth against his Prince or against his Country or against both Such as a mans Companions are such shall he be held to be in all mens opinions and he that converseth daily with wicked men shall hardly be reputed an honest man The great and large Priviledges which belong unto Princes appointed by God to rule and governe his people make me forbeare to say so much as I might say in this place and yet I may not spare to reprehend and condemne the bad Consciences of those Consciousles Councellors who have perswaded the King of Spain to forget and forgo his honour his Reputation his blood and his Parentage to joyne himself with those who may increase the number but not the Forces of his Allies I have oftentimes heard say that the end honoureth all the rest of a mans life that the elder a man is the wiser he should be that the Actions of al men that are placed in high degree and dignity are subject to the view the sight the censure and judgement of all men that a man may easily fall from the top of honor and glorie unto the bottom of shame and infamiâ— and briefly that all men with open mouth speake boldly and freely that of Princes when they are dead which they durst not muter whilest they lived I could with therefore that either the vertues of the late French King or the affinitie conjunction and parentage that was betwixt these two Crownes or the conformitie of their religion or the remembrance of the greatness and power of France might have been able to have diverted and withdrawn the mightie Monarch of Spain from the Amitie of those Traitors and Felons of France to live in peace League and Amitie with his deare and beloved Brother of France But the detestable vice of Ambition which misleadeth the greatest and wisest Princes of the world with a vaine hope of good success and prosperous fortune in all their enterprises hath turned his love into hatred and covered the spots and blemishes of true dishonor with a Cloak of false honor and repuâ—ation And
his short abode in Poland Thus I have freed him from suspition either of Heresie or of any favor shewed unto Hâ—reticks whilst he was abroad Now lâ—t me examine his liâ—e at home and see whether untill his dying day he might be justly â—axed or touched with the crime of Heresie He came to Lyons about the 9 of September in the year 1574 where the Queâ—n his Mother the Duke of Alencon his Brother the King of Navarre Charles Cardinal of Guise and others met with him The 10 of September a short space of recrâ—aâ—ion and solace after so long a Journey he falleth to consult with all those before namâ—d what meanes were best to be used to renew Waâ—rs against those whom they termed Hugonetts he beseigâ—th Pusania upon the Roane and taketh the same the 5 of October assaulteth Mombrim laieth seige to Lioron and never left in the dead of Winter to Warr against the Protestants untill he took a little Truce during the solemnitie of his Coronâ—tion Not long after his Coronation there came Ambâ—ssadors unto him from the Switzers to intreat libertie of Conscience for the Protestants of France They are heard with small favor and their Petition rejected with so great indignation that the Queeâ— Mother was fain to pacâ—fie her son in hâ—s great rage and fury The Protestants require ayde out of Germany Duke Casimer cometh into France The Prince of Conde groweth strong the king of Navarre flieth from the French Court unto him the Catholicks want money the Pâ—pe sendeth them 400000 Florins The Duke of Guise is sent to meet with Casimir either to repell him with force or to deceive him with policy and becauâ—e they feared the king of Navarre diverse waies and meanes are practised â—o make him suspected unto the Prince of Conde immediatly after the Duke of Guise followeth Mounsieur the kings Brother with greater troupâ—s but both he and the Duke finding themselves not able to encounter with the Pâ—ince of Conde and the Duke of Casimir Mounsieur receiveth the Duke with great Friâ—ndship in Burgony and talketh very familiarly with him To be short the king and Queen and Casimir meete a Peace is concluded all offences are forgiven and liberty of conscience is granted to be used in all places saving Paris The Duke Casimir depâ—rteth and hee is no sooner gone but the Catholicks cry out against this peace the Citizens of Paris tread the Articles thereof under their feet A generall Assembly is called at Blâ—ys The king of Navarre the Prince of Conde and the Mashal Damule come not to this Assembly The Articles of the beforenamed Peace are abrogated and a full resolution is taken to subvert the Protâ—stants or to enfoâ—ce them to receive the Counsell of Trent The Decrees of this Assembly are sent to the Prince of Conde and they are required to subscribe unto them which they refuse to do The king is discoâ—tented and sweareth not to leave untill he hath uâ—terly overthrown the Protestants Hee writeth unto Duke Casimir and unto the Lansgrave of Hesse requiring them not to give any more succour unto the Prince of Conde The one answereth the king gently and prayeth him to keep the late concluded Peace and the other threateneth that if the same be not observed to return into France with far greater strength then he brought thither the year before New troubles begin but are quickly ended by reason of Mounsiâ—urs going into Flanders and taking upon him the defence and Patronage of that Country This is the kings behaviour and carriage before the holy League the which beginneth in the year 1585. Of this League three especial causes are pretended The Troubles of France the kings sterility and the right of succession which belongeth unto the king of Navarr By the confederates in this League these things are required That the Catholick Religion and the Nobility that professed the same may be restored unto their ancient dignity That a Parliament might be called that Tributes may be gathered for the king and the kingdom that extraordinary exactions may be mitigated that evâ—ry third year a Parliament may be held And lastly that an Army of 16000. footmen and 3000 horse may be gathered and maintained with the kings treasure against the Hugonets and the same Army to be lead by the kings own person or by the Duke of Guise as his Lieutenant General They set foâ—th an Apology containing their Griefs and these Petitions and end the same with a promise to lay down their weapons if the king will be content to subscribe to these Articles and to overthrow the Protestants The king of Navarr finding himself to be the mark whereat these Leaguers shot published his Apology proveth himself to be no Heretick Apostate Persecutor or Rebel sheweth that the Duke of Guise is the onely Perturber of the peace and quiet of France and that he cannot feel the wound thereof because he is a stranger and lastly for the ending of all troubles without more effusion of blood challengeth the combat The late King published likewise his Answer to every Article and promiseth that all these things shall be done answerable to Gods Word and the prescript rule of Justice praying the Leaguers that since both he and the Queen are yet young enough to have children and that children are the Gift of God they will not rashly think him to be without all hope of children Here I might trouble you with the rehearsal of many examples of many Rebels like unto these who when their demands have been so reasonably answered as these were desisted from wars or had but an evil issue But I must restrain my self and labour to be short otherwise I shall be both too long and tedious What could a king nay the most absolute king of the world the mightiest king of Europe do more then this king did Or what would they require more at this kings hands then he performed He entered not into this League would not be one of their confederates Hinc nostri fundi Calamitas But he seemeth to allow the proscription and disinheritance of Navarr he banisheth all Protestants out of the Realm he answereth the king of Denmark who becometh a sutor for them that he neither can nor will have Peace with them he writeth to the Prince of Germany who likewise intreated his favour for the Protestants That he knoweth well enough what to do without their counsel and marvelleth that they have so great leisure as to meddle with other mens matters and especially with such things wherewith they have nothing to do This is not enough He provideth an Army against the Protestants he sendeth to encounter with the Forces of Germany that were coming into France to succour them The Duke of Guise overthroweth them and the kings brother-in-Brother-in-Law the Duke of Ioyesa is overthrown by the king of Navarr with the loss of his own life and of 12000. of his Souldiers The Duke of Guise made proud and insolent with this victory
the execution praiseth her Sons wisdom thanketh God that it hath pleased him to put that counsel into the Kings head and to give him grace to execute the same and now saith she my Son playeth the king indeed The Parisians are presently certified of the Dukes death there is weeping and gnashing of Teeth the Crochilers have lost their Countenance the Facâ—ious their Father the Seditious People their ambitious Patron and the Malitious Sorbonists their Religious Protector What followeth Sudden accidents must have suddain consultations new devises hasty resolutions hastie executions and the new year must begin wiâ—h new Treasons They chuse the Duke of Aumale for their Head they draw the kings picture in the durt through the streets they rob and ransack his Exchequer his Palace his Store-houses and for their last resolution they conclude that he must be no longer their king According to this conclusion after that their City was hardly beset and they had almost endured as hard a siege as the Citizens of Ierusalem they send out a desperate Jacobin Fryer as their Iudith to behead Holofernes to execute their doom and devillish sentence upon the Lords anointed and their lawfull king The Fryer goeth to the kings Camp which was at St. Clovis feigneth to have Letters of great weight to deliver unto the king he is brought to his presence kindly received for the king alwayes loved those Fryers too well and lovingly willed to declare the cause of his coming he delivereth his Letters the king readeth them seriously and the Jaobin more like a Iudas then a follower of St. Iames seeing the kings doublet loose about him aiming at a place where he might be sure to dispatch him whilest he was busied in reading the Letters thrusteth a poysoned knife into his Bowels of which wound he died within a few hours after You have heard his Tragedy his Reign and his End and what can you finde that savoureth of Heresie Was it Heretical to persecute those whom they call Hereticks before he Reigned and as long as he reigned Was it Schismatical to proscribe banish and massacre them Was it Apostatical to proclaim and make Wars against them whensoever and wheresoever the Guisards required him Was it irreligious and hypocritical for him in a Lent time when men use to be penitent for their Sins to whip themselves while the blood followeth by his own Example to induce the Cardinal of Lorrain and others his chiefest Counsellors and Courtiers to do the like Was he a despiser of God who with consent of the Popes Holiness to shew his zeal and to leave an Eternal Monument thereof did erect a new order of Knighthood of the Holy Ghost and took an Oath to live and die in defence of the Catholick Faith Was it impious and an Act not beseeming a Christian Prince to go in person and accompanied with most of the Peers of his Realm in Procession bare-headed and bare-footed If none of these things be Heresie Apostacy and contempt of God and Religion then undoubtedâ—y the late French King having done all these things was no Heretick no Apostate no Schismitick no despiser of God but a Zealous a Religious a Catholick and a most Christian Prince But the Duke of Guise his death is the matter that is most urged is the sore that most grieveth is the objection that needeth a present and large confutation He was murthered without any desert without any rightfull administration of Justice without any manner of proof that he had committed a Crime worthy of death God said unto Cain where is thy brother Abel He said unto the woman accused or Adultery Where are thy Accusers He said unto his Disciples In the mouth of two or three consisteth a Truth He said unto the Judges of the Earth Be ye wise and discreet in your judgements And why said he all these Forsooth to shew that in every Capital Cause there ought to be an Accuser divers witnesses and a Judge to give Sentence according unto Law and unto his Conscience Truly the Laws of France and the Lawes of all Nations require that a man being held guilty of any Crime be it never so odious never so horrible be called unto Judgement and be convinced by his own confession or some other pregnant and forcible proof before he can be condemned But if the crime whereof he is accused be so manifest that all the world knoweth it that he cannot deny it and hath nothing to say for his defence it is lawfull to condemn him yea to execute him without hearing his Cause especially if by giving him notice of his Arreignment you give him time and opportunity to escape without punishment The Word of God saith Thou shalt do no murther But the Laws of Nature the Laws of Nations yea the Laws of Princes say That it is better to kill then to be killed The Apostles have taught that the testimony of two or three witnesses is sufficient in any Cause but the Civil Laws require sometimes seven other times five and commonly they are contented with two and by Canonical constitutions according to the degrees of dignities of Ecclesiastical persons the testimony of seventy two of sixty four of twenty seven and of seven is oftentimes requisite and necessary God hath commanded every man to do according to his conscience but the Lawes of Princes command all Judges to give judgement according to the proofs and allegations that are made before them I may therefore boldly say that not onely the Pope unto whom the Canonists onely attribute this power and authority but also every lawfull secular Prince unto whom God hath commanded that every soul should be obedient may upon good occasion and consideration of some circumstances qualify and interpret the Lawes of God He that striketh with the sword shall perish with the sword sayeth the holy Scripture and there is no express commandment given not to suffer Malefactors to live But Humane Policy hath thought it convenient and equitable that children because they know not what they do that mad men because they are deprived of the use of Reason and Understanding that any man killeth one another by mischance because he offendeth through ignorance and not of malice And lastly that an honest man if he chance to kill a Thief by night or by day in defending his own person or goods because it is lawfull to repel force by force shall not be condemned to death although his crime in it self in strictness of Law be Capital There is nothing more certain then the commandment of God not to swear and yet it is lawfull to swear yea it is an offence not to swear if a man be commanded by a Magistrate to swear and if a truth cannot be known but by an Oath and the oath that a man hath taken must be inviolable It cannot be broken and there is no mans more odious no crime more detestable then the sin of perjury and yet a Judge that hath
taken an oath to keep the Statutes of his Country without breaking the same or without departing from the true sense and literal meaning of them may violate them if the iniquity of the time will not give him leave and leasure to confer with his superiour or to ask his opinion or if there be manifest dangers like to follow of the delay which he shall use Besides if a Judge be commanded yea sworn not to do any thing against the Lâ—wes of God or nature or of his Country yet if he be urged by some great occâ—sion or if necessitie enforce him thereunto or if some notable danger scandall or inconvenience is like to follow of the strict observance of those Laweâ— he may lawfully violate them And shall a Judge have Authority to break Lawes and shal not an absolute Prince have the like liberty A Provost Marshal taking a Theif in the fact of committing a robberie may hang him up presently with out any forme of Judgement and shall not a King cause a notorious Traytor to be murthered without a solemn Sentence The Governor of a City taking an Homicide an Adulterer a ravâ—shâ—r of Women upon the Fact may chastise and punish them according to the Rigor of the Law wâ—thout any forme of Law and a King taking a Traytor beâ—ng abouâ— to deprive him of his life of his Crown apd Scepter shall he not do him to death without asking the opinion of his Judges without imploring the helpe of his Magistrates and without imparting his Treason unto his Counsellors or unto the Friends and Allies of the Traytors especially when as he may escape whilst these things shall be doing when bee is so strong so backed with friends so guarded with Souldiers that if he be not executed upon a suddain the respiâ—e and leisure which shall be given him shall gâ—ve him time and meanes not only to escape the punishment which he hath deserved but also to put in great hazard the life of his Prince and the weale of his Country to be short when either the Prince or the Traytor must die presently It is written of Iehu the Judge and King of Israell that he fearing the great multitude of Baals Priests and doubting that if he should put them to death by the way of Justice there would follow some great Inconvenience or scandal to himself he feigned that hee himself wouâ—d do sacrifice unto God Baal and by that pretence and colour he caused them all to come together and when they were all assembled hee willed them all to be murthered Who hath heard the Historie of Ladislaus king of Bohemia commendeth him not for his wisdome and discretion in dissembling the grief which he took to see the Earle of Cilia his faithfull and assured Friend and Vncle killed almost in his presence so â—uningly that he not only seemed not to be grieved with his death but also to think that he was lawfully killed because hee presumed to come Armed into the Court where all others were unarmed The Bohemians seeing how lovingly hee entertained Ladislaus Humiades the Author of this Murther how kindly he used his Mother how wisely hee suffered Ladislaus and his Brother Matthias to bring him into Beuda and how resolutely when he had him where hee was stronger then hee he commanded him to be done to death for the murther committed on his Vncles person took it for a manifest Argument that he would prove as indâ—ed hee did a very wise just and valiant Prince siâ—ce in his youth he was so subtile and so resolute and gave them so notable an Example and President of his Justice Who hath read the policy which Darius king of Persia used in revenging the injury of Oretes who was grown to be so mightie so proud and so well backed with friends that hee neither could nor durst do him to death by the ordinary Course of Justice and prayseth him not for inventing a way to induce 30 of his Gentlemen to undertake his death And who commendeth not the Magâ—animitie and resolution of Bageus who when it fell out to his lott to be the first of the 30 that had vowed to hazaâ—d their live foe their king went no less hastily then cuningly about his enterprise and within a very short while murthered Oretes who had beaâ—ded and braved his King many years Briefly who readeth and alloweth not the History of David who when a man câ—me to him from Saul his Camp and told him that he had kilâ—ed Saul commanded his Sâ—rvant to kill him presently and said unto him Thy blood bee upon thine owâ— head for thine own mouth hath spoken against thee And yet every man knoweth that Saul killed himself and that this poor simple man thought to have had a reward of David for bringing him the first news of Sauls death These premissâ—s therefore being duly considered it must follow that the late king had great reason aâ—d just cause to command the Duke of Guise to be killed But his friends say nay They have caused it to be imprinted that he was one of the Peers of France one of the greatest of that Realme one of the best beloved Subjects of Europe and one that was allied unto great Kings and Princes And that therefore the King causing him to be murthered as he was migâ—t well think and justly feare that in doing him to death he should highly offend his best friends and give just occasion unto as many as suffered any loss or detriment by his death to revenge the same As therefore Iulius Caesar winked at the Treason committed by Dunorix and called him not into question for the same for feare to offend his Brother Divitiacus who was an assured and faithful Friend unto the people of Rome and a man of great credit and Authority in his Country even so the King should have spared the Duke of Guise and not have used such câ—ueltie towards him as he did for feare to displease and discontent his dearest and best friends and as Henry the 4 King of England deprived the Dukes of Anmarle of Exceter and Surrey of the Lands and possessions which Richard the second gave them and yet spared their lives so the king had done well if he had taken away the lands and livings and not the life of the Duke of Guise Truly if hâ—s kingdom should have received no greater loss or dammage by the Duke of Guise his life then the commonwealth of Rome received by Dunorix the king should not have greatly done amiss to have suffered him to live But since that the Duke did alwaies aspire unto the Crown and since he desired sought and laboured by all meanes possible to usurpe the same the King played as his Mother said the right part of a King whâ—â—â— as he resolved and exâ—cuted his death with all convenient speed For the same Caesar which had pitâ—y and compassion on Dunorix because his life could not greatly hinder or cross his dâ—signes and purposes first banished
and afterwards secretly caused his near kinsman Lucius Caesar to be murthered because he had both the mind and the meanes to withstand and prevent his intentions and Henry the 4 should have had good occasion to repent him of the clemency and mercy which he shewed unto the before named Dukes if the Eâ—rle of Rutland had not been constrained by his own folly to reveale unto the King their Treason and Conspiracy against him for which afterwards they were worthily executed Pitty therefore is commendable and best beseeming the Majesty of a Prince when as the same may be used without any danger unto his person or his State or his kingdom but when as he seeth manifestly that never a Province never a City never an house of his kingdom can or will long continue in good estate in dutifull obedience in naturall affection towards him and his Crown unles he do somâ—â—imes use to play the King to revenge wrongs and to punish Treasons hee must needs change his naâ—ure make a verâ—ue oâ— necesâ—iâ—ie and accommodate himself unto their manners and their merits with whom he hath occasion to deale France nâ—vâ—r had any King that was more gentle kinde and curteous then that Lewis who for his Curtesie and Clemency was â—irnamed The Meek And yet the same Lewis as you have already heard forgot that name and the qualities and conditions incident thereunto when it was in question whether he or his Nephew Bernard should rule and Reigne For then knowing that a Prince cannot live in any good assurance of his Estate and kingdom so long as another pretendeth Right and Title thereunto and having wrongfully been kept from the possession thereof he pluckt out his Eyes kept him in perpetuall prison and in thâ— end caused his head to be cut from his shoulders Who can then blame the late Kâ—ng of France if he chose rather to rule then to be ruled to kill then to be killed to murder the Duke of Guise then to endanger his whole Estate and Kingdom The Prince that 〈◊〉 not an Iniury that is done unto his Commonaltie or to a private person is in danger somtimes to lose his life or his kingdom â—as were the Romans and Philip King of Macedania he because he punished not Aâ—tilas at the request of Pau sanias and they because they sent not the French men those which in the battaile betwixt them and the Citizens of Chynsie forgeting the dutie of Ambassadors were found in the foremâ—st ranke of their Enemies fighting against the French men And is it necessary that a King shall punish or revenge a wrong done unto his Country or unto â— private man and shall it not be lawfull for him to take vengeance of the wrongs and Indignities which are done unto himself May he command a Juâ—g to proceed Defacto without taking full knowledg of the cause and every circumstance of the Subjects cause and shall it not be lawfull for him to use the like power and authoritie in his owne case The least and meanest Judg may he not sometimes give judgment hearing no other proof but very violent presumptions and shâ—ll it not be lawfull for the King from whom he same Judg receiveth such power and authoritie to do the like We say and confess that Theâ—e is manifest when the Theif is taken in the Fact and shall it not be lawfull for a Prince to take that Treason for notorious which the Traytâ—r hath Committed If a man finde a stolle â— thing about a Theef he is in danger of death and if a man finde a Traytor armed and all things else in a readiness to performe and execute his treacherous Attempts shall he not be reputed a Traytor The Law sayeth that whatsoever a King doth it seemeth to be done with great reason If he commeâ—deth any thing every one is bound to beleeve that he hath good occasion to commend the same His Actions are manifest but his thoughts are hidden and secret it is our dutie to tolerate the one and not to murmur against the other nor to enquire or demand the Causes Motives and Reasons of his Commandements his pleasure must be unto us as a Law and his Will hath the full force and strength of reason and when the cause of that punishment which it pleaseth him to inflict is notorious and manifest his Commandment although it be done in hast and without great advisement yet it carryeth no less force and moment then doth a sentence that was dulie examined wisely perused diligently considered and solemnly pronounced Why then shall the death of the Duke of Guise be thought unlawfull since the King commanded the same not for hatred to the Duke but for securitie of himself for love of the weal publique not without 〈◊〉 Justice but according to Law and Equitie because a Princes pleasure is held for Law not without example but with approbation and imitation of many who having had the like occasion have used the like punishment briefly not to revenge his particular quarrels and Jnjuryes but to preserve his Right and his Crowne upon which the wealth the life and the wellfare of all his good and loyall Subjâ—cts do depend He was Allied unto many great Princes which are displeased with his death and will not leave it unrevenged But if these Princes were the Kings friends before the Dukes death they will not take the same in evill part and if they were his Enemies he needs not to care for them or to feare their displeasure more then the universal ruine and destruction of his Subjects He was one of the Peers of France But honor may not be a Priviledg unâ—o any man to emboldeâ— him to offend the Laws but the more honor a Subject receiveth from his King the more he is bound to love and fâ—are him But grant that the King did evill in causing him to be murtherâ—d shall the Subjects be grieved therewith shall they seek Revenge thereof shall they bear Arms therefore against their Prince and their Country May the son arme himself to kill and murther his Mother And is he not held for an ungracious and wicked child which will be revenged of his Father although he have done him great wroâ—g And is not a King the Father of his Subjects and is not every Country the Mother of the naturall Inhabitants thereof Or may they war against their Prince wihout seeking the lamentable overthrow Ruine and destruction of their Country Are all alterations dangerous in every well governed State and can that alteration be without danger which transferreth the Crowne from the right heire unto an Usurper from the lawfull King to an ambitious Subjâ—ct But it is onely said and no way proved that the Duke of Guise had any such intâ—nâ—ion as to deprive his Sovereigne and to crown himself it may be suspected but it is not notorious This must appeare more manifestly then it doth or else all that is said will be to no purpose To manifest this therefore
For the Servant commandeth the Master the Subject his Sovereign the Inferior his Superior the Vassal his Lord and the elegible the Elector Whereat so many marvel that it was never more necessary or expedient then it is now to declare how this came to pass you shall therefore understand that there was a time when as the Emperor had power and preheminence over all the Princes of Christendom as well spirituall as temporal and as long as this power and prerogative continued so long the name of the Emperor was honored of all men his Empire was large and ample his Dominions great and excessive and his credit and authority was marvellous and incredible About or not long after this time not God but the Devil raised up a man who seeking the preferment of this world and the advancement of his See endeavoured by all means possible to attain his purpose What doth he What course taketh he What means useth he What habit putshe on He thinketh it not good to use any violence his Forces are too weak his Treasury too smal his Arms are not great and he wanteth a Lyons skin he therefore playeth the Fox accommodateth himself unto the humors of Princes counterfeiteth an extraordinary kind of Holiness and more then a common and usual kind of Zeal Sanctiâ—y and Devotion and entreateth the Emperor to make him Head of all the Churches of the World because as Rome was his Seat that commandeth the World in Secular causes so the Bishop that had his Sea at Rome was worthy to govern and rule all other Bishops in spiritual Affairs The Emperor that then was had killed his Predecessor had usurped his Empire and had need of one to tolerate and excuse his murder and to countenance and allow his Usurpation and therefore taking the Pope to be the fittest man that then lived to further his purpose yeeldeth to his demand But the other Bishops which before that time never acknowledged any Superiour refused to receive and acknowledge him for their Head who was wont to be their Equal and Companion The Bishops contradiction could not make him give over his Suit he praieth entreateth beseecheth and never leaveth to be importunate untill Phocas the Emperor granteth his Request He might have contented himself with this Grant with this favour But as covetous men the more they have the more they desire so this ambitious and proud Prelate studieth presently how to get new Dignities how to purchase new Honors wherein he findeth not only Fortune but the time favourable and friendly unto him For whenas the Empire began to decay having lost France England and Germany the Huns conquered Italy the Vandals became Lords of the greatest part of Africa and the dissolution and loss of the Empire began to be so great that the Emperors were fain to give over all the West Countries and to seaâ— themselves in the East It happened not long after that there fell out a great contention betwixt the Pope and the Emperor touching Images the one commanded them to be pulled down and the other to be raised up and he excommunicated the Emperor for withstanding his commandment And about this time or not very long after the Lumbards began to make great Wars in Italy whose Forces the Pope who was then very weak not being able to resist was forced to flie for Aid to the King of France by whom being defended from the force and violence of his Enemies were it to be revenged of the Emperor of the East or to recompence the good turn and pleasure which the Frenchmen had done him in debasing the pride of the Lumbards or to make the way to encrease his own power and magnificence more ready and easie considering the weakness of the Eastern Emperor whose power began daily to decrease and diminish through the continual and cruel Wars which were between him and the Turk he presumed to declare the King of France which was then Charls the Great for rightful Emperor And so he which at the beginning was poor aud needy feared not to deprive him of the Emperial Diadem unto whom God commanded all humane creatures should be obedient and to chuse the Roman Emperor whose election belonged in former times to the people or the Soldiers of Rome But what were the fruits what the effects of this choyce Forsooth a division of the Empire the which of one was made two a dangerous contention and long Wars the beginning and end whereof was most lamentable For the Empire having continued a long time in the Race of Charls the Great the Princes and Peâ—rs of Italy began to grieve and grudg thereat Insomuch that entring into League and Confederacy together they chose Berengarius Emperor and aided and animated him to make Wars against the lawful Emperor who was then Lewis the Third This Lewis being hated of his own Subjects for his great Pride and Tyranny Othon Duke of Saxony went into Italy with a great Army and there subdued Berengarius and received of the Pope the Emperial Crown for his guerdon and recompence Lewis the right and lawful Emperor being then alive The Pope that then was being Gregory the Fifth and this Othon whom he had made Emperor were both Germans and naturally hated all French men And therefore began to devise with themselves how they might take away all possibility for ever from the French-men to recover the Empire The Pope shewing himself herein wiser then the Emperor inventeth these means He thought it convenient for the better countenance of the Emperor that he should be assisted and alwayes accompanied with certain grave and wise Personages as well for learning as for honour and therefore he ordained that seven Princes of Germany should have full power and authority to chuse the Emperor whereunto the Emperor consented most willingly as well in regard of the hatred which he bore unto France as for that there were like to rise quarrels and debates betwixt the Germans themselves touching the Election What doth the Pope when he hath gained this high point Seeketh he not for something more Thought he that it was sufficient honour for his Pontifical Seat that three of the seven Electors of the Emperor were Bishops and all of them sworn to be obedient unto him in all things Approved he alwayes their Election Beareth he any respect or honour unto them that were chosen by the same Elector He meaneth no such thing For he setteth them at naught seeketh to discredit them and is not ashamed to command them to swear that they shall alwayes defend keep and maintain the goods of the Church and the Popes and also their Dignities their Priviledges their Laws and their Decrees by vertue of which Oath he restraineth their Wills abridgeth their Power and enforceth them to be at his devotion True it is that the Emperors Frederick the third and second and Henry the fourth not vouchsafing to brook their Bravadoes their Threats and their Outrages opposed themselves against
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
for considering we finde many Texts in the Holy Scripture whereby we are commanded to obey Princes to be subject unto them to honour them to pray for them since they are called Fathers and we Children they Shepherds and we their Flocks they Heads and we their Feet it is an hard Resolution and in my opinion an heavy sentence that Children should disobey their Parents a Flock to Rebel against their Shepherd or the Feet to presume to command and direct the Head This question notwithstanding that it is dangerous and difficult is largly discussed by George Buchanan in his Book de Iure Regni apud Scotes and also by him who was ashamed to put his name unto the Book that was lately written against the French king In these two authors you shall finde every point of this third Objection sufficiently debated You shall finde the Text alledged out of St. Paul in the behalf of Princes and other places of the Scripture learnedly answered You shall finde many examples of profane and Ecclesiastical Histories of Princes that have been done to death Briefly you shall finde more to move others perhaps then there is to move me to subscribe to their opinion For Buchanan argueth in such manner as I may rather commend his subtilty then his conscience And he that writeth against the French king sheweth himself too partial too malicious too injurious to Princes And Buchanan giveth too great Authority unto Subjects and the other too much power unto the Pope It cannot be denied that Princes received their first Authority from the consent of the people It is likewise certain that this Authority was given them to be used to the benefit of the people And no man will deny that Countries can subsist and stand without kings But shall every man that receiveth a benefit of another be alwayes subject unto him that once pleasured him Shall either a rude multitude or a few contentious Rebels judge when a King useth his Authority to the benefit of the people And because Countries have flourished and may still flourish without a king shall therefore every Country reject their king when they dislike their king It â—eemeth that Buchanan is of this opinion because he approveth the death of king Iames the third and alloweth the approbation that was made thereof by some of the people and Nobility of Scotland who were the principal Actors in the Rebellion against the same king and the chief Authors of his death The causes which moved those Rebels to bear Arms against their King were but two The one that he had made certain base money and called it not in again at their pleasure The other that he had advanced certain base Personages unto high places of great credit and dignity if these two faults might be amended the Rebels offered to submit themselves to their King The King yeelded not unto these motions Why The History giveth a good reason for the King They made these demands being in Arms. It seemeth that they would not entreat but inforce their King and the King thought it convenient to chastise their insolency and boldness who presumed to War against him at home when he and his Kingdom stood in manifest danger of foreign Enemies There was amongst them namely the Duke of Albania who affected the kingdom who to further his Traiterous purposes had joyned with the King of England against his native Country and animated his lewd confederates to continue in their obstinate and unlawful demands They considered not that extream necessity and want compelled their King to use that money and when they had taken these base persons from the King for which they seemed to rebel and had hanged them contrary to all Law and Equity they laid not down their Weapons but followed the poor King and so followed him that at length they flew him And why My Author giveth this reason Because they knew that they had so highly offended him that they feared that if they should have spared him as some better minded then the rest purposed to have done he would have been revenged of them This murther the States of Scotland saith Buchanan allowed and ordained that no man should be called in question or troubled for the same But what States are these Those saith my Author that had born Arms against him and for whose sake he was murthered And they had good cause to decree that no man should be accused of his death But what will some man of Buchanans opinion say unto me Shall Princes do what they list and no man censure them Are they not subject unto the Laws May they not be called to an accompt Shall the people from whence they derive their Authority have no manner of authority over them And hath it not been always held very dangerous in a State to have any man so mighty that no man may or dare controle him Truly I allow not that liberty unto Princes that their pleasure shall stand always for a Law I limit their Wills unto Reason I tie their commandments unto the Word of God I fasten their Decrees unto the Laws of Nature unto Equity and unto the Weal of the people And if these things be not regarded I take their Laws to be unlawful their Commandmenâ—s unjust their Decrees â—â—ique I know that good Princes are so far from nor subjecting themselves unto their Laws that they suffer themselves and their causes to be tried daily by their Laws And if any of them by negligence or wilfulness by folly or ignorance by malice or forgetfulness begin to contemn their Laws I think it convenient that they should be modestly rebuked but not utterly rejected be in a mannerly sort checked but not violently condemned be gently admonished but not straight ways furiously and turbulently punished Is there no way but down with them depose them kill them Must we cry against the Lords annointed with the Jews as they did against Christ Crucifige Crucifige and not rather learn by the Jews that the common people is no competent Judge to determine matters of great weight and consequence I am not such a stranger in the course of Histories but that I know that some Princes have been deposed for their insufficiency as in France Theodorick and Chilperick others for their negligence as again in France Lewis sirnamed Do nothing some for poysoning the next Heir of the Crown as Martina Empress of Constantinople others for perjury and not keeping promise with their Enemies as Iustinian the Son of Constantine the Fourth some for not tendring the Weal and publick Welfare of their Subjects as Richard King of England others for murthering them which reprehended their vices as Boleslaus King of Polonia some for usurping things not belonging unto their Crown as Sumberlanus King of Bohemia others for their extream rigor and cruelty as Sigismond King of Hungary some for their childrens Adultery as Tarquine King of Rome others for Tyranny as Archilaus Son to Herod some for unreasonable
exactions as Slaomire King of Abredites and others for corruption as Adolph the Emperor But if all these Depositions were examined and tried by the Touchstone of Law I think the most part of them will be found scant lawful For all these crimes in private men are not capital and therefore why should they be so severely punished in Princes How many judges take Bribes and are not deposed How many Magistrates are negligent and are not punished How many Officers execute not their Offices and are not removed How many rich men offend in Adultery and are not censured briefly How many Noble men commit Adultery and Murther and are not condemned In Poland the Gentleman that killeth a Yeoman payeth but a certain Fine in money in France he that killeth another manfully and in the field is seldom executed In Italy many are vilely murthered and the Murtherers are not always punished And in all Countries grievous Crimes are either tolerated or pardoned sometimes because the Malefactors are descended of notable parents whom Princes are loth to offend and discontent You have heard how Dunorix was spared although he were a Traytor for Diviaticus his Brothers sake and our Chronicles report that Henry the Third having taken in the Barons Wars many Schollars of Oxford in Northampton who did him more harm then all the rest of his Enemies would have hanged them all had not his Council perswaded him to save them because in executing them he might displease their friends who were Gentlemen and Noblemen of great Houses Shall mean personages vile murtherers private men escape unpunished and must the Law be executed with all severity upon Princes They are in higher places their actions are beheld of all men and most men are lead by their example True but David was not punished as soon as he had killed Uriah Solomon was not deposed although he kept many Concubines Herod was not streightways deprived for murthering of Iohn Baptist and it was long before Saul was removed by David But how then May Princes offend as often as they will and never be punished No Must their Subjects endure all their Cruelties and Tyrannies No May they be troublesom unto their Neighbours untrue unto their Confederates Enemies unto the common peace and never to be reprehended No What course is then to be taken to bridle their Appetites and restrain their Insolency Truly I finde two notable Laws for the punishment of such Princes the one made by Conrad the Emperor and the other by Otho the Third Conrad his Law commanded all Princes to embrace Peace to maintain Law and Equity and not to disturb the quiet and peaceable Estate of the Empire and that whosoever transgressed in any of these three points should suffer death Othon his Law was much to the same effect but he added That the Prince offending in any of these three points should besides the loss of life lose all his States and Dominions and be held for a common enemy and that all the Princes of Christendom should rise in arms against him as a perturber of Christian peace and tranquillity But in these days Princes neither are nor will be nor can be ready to help every one that complaineth and why should Subjects seek for releif abroad that may be releived and succoured at home The course is ordinary the remedy easie if men will not deceive themselves in taking their course Every Country hath its Parliament every Kingdom the Assembly of their Estates there may their Griefs be heard their Wrongs red ressed and their Princes repressed And in this course the common people loseth not a jot of their Authority for they which attribute most unto the people take not every confused rude and tumultuous multitude for the people but a choice company of the wisest Nobility and of the most grave honest discreet and wise men amongst the Commonalty It must not be such base and busie companions as was Iack Straw in England Nicholas Rency in Rome Iaques Artevilla in Flanders George Zechius in Bohemia Anthony Bavadella in Spain and William Siler in Switzerland that must presume to controll mighty Kings or to alter well governed States For such petty Companions are better able to mislead a number of simple people with their venemous tongues then to consider with discretion that many things are done in every Kingdom which Princes know not of and that divers abuses are committed which the Officers that commit them keep as long as they can possible from their Princes knowledge which abuses should be quickly redressed if the king might be made acquainted with them These Companions consider not that there is an High Court of Parliament unto which Princes either can be contented or be constrained to submit themselves and wherein Subjects may speak unto their King freely so they speak reverently any thing that may benefit their Country I said reverently because methinks it is not tolerable that any Subject be he never so great and mighty should use unreverent speeches unto his King secretly much less in an open Parliament as did Richard Earl Marshal of England unto King Henry the third who when the King called him in choler and perhaps not without occasion Traytor gave him the lye in the Parliament House and told him to his face he cared not for him because he was well assured that as long as he lived in obedience unto the Laws of the the Realm he could not hurt him And when the king answered he could intercept his victuals and suffer no man to bring him any manner of Provision he replyed that if he sent any to intercept his victuals he would send them home shorter by the heads then they came Such an audacious and unreverent speech coming to the ears of such busie Companions as Iack Straw and Iack Cade were in England would make them take the Speaker for a Demy God for a Patron of his Country for a Protector of their Liberty and being carried from them unto others may draw them like a company of mad-men to adventure life and limbs for such a desperate Cataline and without ever considering whereabout they go to undertake for his sake the utter subversion of Town and Country But it may be said that I am like the Physitian that prescribeth a remedy unto his Patient but telleth him not how he shall come by it so I talk much of a Parliament but I conceal how difficult it will be to have a Parliament especially when a Prince without whose consent and commandment the same cannot be called knoweth or mistrusteth that any thing shall be debated and determined therein to his prejudice I cannot but acknowledge this difficulty and therefore if the wrongs that are offered be not too great it is better to suffer them with patience thâ—n to seek to reform them by violence But if the outrages grow once to be so extream that they are no longer to be endured I hold the same for a most unfortunate unhappy and
servile State wherein the Nobility is either too timerous or so besotted with the love unto a bad King that they will not be moved upon the just complaints of the poor and distressed Commonalty to enforce him to call a Parliament and in this kind of violence I require discretion and judgement in the Confederates lest they mar a good Cause with evil handling thereof as did Iulius Caesar who when he had deserved a triumph took so violent a course in demanding the same that his sure was rejected to his endless dishonour and his Countries great detriment Let the Subjects be therefore humble Petitioners unto the Princes to reform such abuses as are notoriously known to be abuses Let them yeeld such measure unto their kings as they would desire for themselves let them when neither their humble suits may prevail nor their gentle connivence or toleration mitigate the wrath or moderate the affections of their Soveraigns humbly beseech the Peers of the Realm to be their Patrons and Protectors of their Innocency Then will he that ruleth Princes and hath their hearts in his hand that can prevent their imaginations and cross their intentions raise up some better disposed then others better minded then the common sort of men are better able then the Commonalty is to judge of wrongs to redress injuries and to repress evil-disposed Princes All Authority is divided into Ecclesiastical and Temporal of the one the Pope of the other the Emperor challengeth superiority and yet both these Heads notwithstanding their preheminence their power and prerogatives have been reduced to Reason when they have swerved from all Reason by those who by Reason were led to challenge Power and Authority over them For both the Colledge of Cardinals and the States of the Empire have claimed and according to their claims have used a certain Right both over the Pope and over the Emperor when the one or the other of them hath been found negligent in their duties and therefore have presumed that the power of the one and the other hath been devolved unto them Even when an inferiour Prelate is negligent the Bishop may assume into his hands all his Jurisdiction and Authority or when the Bishop is careless in performance of his duty either the Dean and Chapter or the Arch-bishop may lawfully rebuke his negligence and reform whatsoever he vouchsafed not to amend so although the Pope challengeth to be by many degrees higher then all the Princes of Christendom yet divers Cardinals in the time of Pope Iulius the second considering that the Church had need of Reformation as well in the Head as others Member thereof implored the aid of the Emperor and of the King of France and with assurance of their help and assistance caused certain peremptory citations to be set up in Modena Bolognia and other Cities of Italy by which they cited the said Pope to appear at a general Councel to be heâ—d at Pisa and to answer to such Articles as should be layed in against him touching his Simony negligence and other abuses not specified in the said Citations In regard of which faults and of his Negligence they affirmed that the Pope was not sufficient and fit to govern the Universal Church of Christendom and that the Power and Authority to call and summon a general Councel was lawfully devolved unto them So although our Kings as I have said are the greatest and most absolute Kings of the world next unto the Kings of France yet the Barons after the battel of Lewis in the time of Henry the third ordained that two Earls and a Bishop elected by the Commonalty should chose to them nine other persons whereof three should alwayes remain about the King and by the whole twelve both the Court and the Realm should be governed So in the fourth year of the Reign of Edward the second the Prelates Earls and Barons made Ordinances for the State and Government of the Realm which because the King would neither confirm not allow were confirmed by sentence of Excommunication against all them that should go to break the same So the Scotchmen in the time of Iohn their King being moved thereunto by his negligence chose twelve Peers and four Bishops four Earls and four Barons by whose advice and counsel the King should Govern the Realm So to be short although as Bodin reporteth when a certain Advocate pleading a cause in France said that the Kings of France had received their Power and Authority from the Common-people the Kings Atturney stepped up and requested the Court that those things might be razed out of his Plea shewing that the Kings thereof never received any Power or Authority from the common people and required that both that Advocate and all others might be commanded as he and they were never to use the like words in their pleas yet before and since that time divers Kings of France have been censured by the three Estates of their Realm as it may appear by the examples of those Kings which were as I have said deposed in France Thus it appeareth that if Princes offend they may be chastened according to the nature and quality of their offences and it cannot justly or truly be said that that is against a Law or without Law which is done by an high Court of Parliament from whence all or most Laws have their beginning their foundation their strength Neither can this manner of correction embolden Subjects to conspire against the life of their Soveraign For either the Majesty of their Prince or the remembrance of their duâ—y towards him or the fear of punishment or the danger that followeth Rebellions or the hope of Reformation by imploying the aid of the Peers and Nobility will alwayes restrain their insolency and keep them within the bounds and limits of true obedience But when Subjects are disposed to be rid of their Kings they may say the Favourers of the Scotish Queen implore the aid of Forreign Princes to suppress them Whereunto I answer that if their cause be just and good I grant it to be lawfull so to do But if it shall proceed of Malice and not of Justice of their desire and not of their Princes desert of a rash and foolish dislike and not of manifest Tyranny or evil Government there will be no Prince so ill advised as to hear them much less to succour them for he that should hearâ—en to such light complaints and in regard of them molest another King would undoubtedly by Gods good and just punishment in time be troubled with the like Subjects himself Now whereas it is said that a Prince coming upon what occasion soever into another Princes Country cannot be put to death without the breach of Humanity and Hospitality Hereunto I answer briefly that if such a Prince shall so much forget himself as although he be detained for never so unjust a cause to attempt and conspire by himself or others his death that detaineth him truly neither
And when you see this then you may boldly say that things are at the worst that violent courses cannot long endure that a time of a change and alteration is not far off and lastly since those things which Philosophers and wise men have noted to be the Forerunners of the Subversion of States are hapned and fallen upon our State that it will quickly change and perish All things therefore being well considered and that especially remembred which was said when I handled the first oversight of the Spanish King I may boldly inferr that Conquests are chargeable before they bee gotten easie to be lost after they be attained and wholly depending upon the Government of such Officers as are placed over them who if they be good Servants many times make themselves Masters and if they be bad put in great hazard all that is committed to their charge And since there are not many that endeavor to be such as they should bee there can be no great good looked for at their hands so long as they continue such as they appeare to be Besides the great ingratitude of Iustinian the Emperor to Marcelles of Ferdinando of Spain to Gonsalvo breedeth a Jealousy and feare in the hearts and heads of as many as are imployed in the like services that their Kings and Princes will reward them with the like recompences And this Jealousie maketh them to seek meanes how to be able to match or rather overcharge their Soveraigne in Power and Authority Was not this Jealousie the sole and onely cause that Tiberius had like to have been deprived of his State by Sejanus Commodus by Pervicius Theodosius the second by Eutropius Iustinian by Bellizarie Xerxes by Artaban and the Merovingians and Carolovingians by the great Masters of their Pallaces Is not the feare of the like danger the cause that Princes change their Liuetenants and Deputies often least that growing in too great Credit and love with the people their Credit may breed in them Ambition their Ambition a disloyalty and their disloyalty a plain Rebellion and their Rebellion a lamentable overthrow of their Kingdomes Is not this yearly or continuall changing of Officers the cause that they knowing that their Authority is of no long continuance study more to enrich themselves then to benefit the people to oppress and overcharge the Subjects then to comfort and relieve them And is not their study the cause that the people are discontented and ofâ—entimes enforced to Rebell Moreover how can it be but all or most part of those Inconveniencies of which I have spoken must needs fall upon the King of Spain whether he live long or die shortly since many motives and causes of Rebellion in Subjects and discontentment in Noblemen concur together in him For hee is old and will leave a very young Infant or no old Prince to succeed him in all his States who perhaps will Governe by Deputies and Liuetenants as his Father did before him in those Dominions which are far distant from Spain and will participate some small portion of Government with his Sister that hath been a long time nourished and nousled up in the sweetness of commanding Of his Governors some will be ambitious and desire to rule Others of baser minds but yet greedy of Recompencâ—es and Rewards for services done to him and his Father He will be jealous of some and give too much credit unto otheâ—s His Courtiers will engage and indebt themselves in setting themselves foâ—th in Triumphs and pâ—stiumes that they will devise to shew him His Captains will â—rave to be always imployed in wars and to levy those Soldiers in those Countries which will not be well conâ—ented with those Leâ—ies Bâ—iefly then will some Potentates and Frinces considering the years and weakness of this young Prince lay claim unto some of his States and every man will snatch what so ever shall be fittâ—â—t for his purpose nighest to his State and most open to his Invasion The Soldiers of Rome rebelled against Othâ— because hâ— was old Certain Cities of France against the Romans because they were greatly in debt The People of Thraciâ— against Rome because there were Soldiers lâ—vied in their Country against their wills Orgatorix Prince of the Switzers because he was desirous to be a King Morgovias and Cavedagins against Cordiâ—a their Aunt because she was a woman The Englisâ—man against Edward the Fourth because he dishonored the Earle of Warwick against Henry the Third because he would have made new Laws The Duke of Buckingham against Richard the Thâ—rd because he brake promise with him for the Earldom of Hertford the Scots against Iames the Third because he gave greater credit unto some of the Courtieers then they deserved and the Spaniards against Charls the Fifth because he lived more in Flanders then in Spain and governed Spain by Flemings Lastly when as Alexander the Great died Seleucus seised upon the Kingdome of Syria Ptolomy usuâ—ped upon Egypt Antigonus made himself King of Asia and Cassander reigned in Greece and Macedonia So whensoever the King of Spaine shall die his Son will enjoy most of his Dominions the Duke of Savoy will look for part of them His other Daughters Husband will look for a proportionable share and the Princes of Italy will perhaps lay in for their part and for their portion For every Kingdom hath a certain Period an end and declination And it is seldome seen that any State flourisheth many hundred years And as those bodies die soonest that are subject to most diseases so those Kingdomes perish soonest whose Princes are most inclined to many vices Saul reigned but Forty years and he and his posterity perished for his Infidelity David ruled other Forty and his Kingdom was divided for his Adultery Achan was King no longer time and his Kingdome was destroyed for his Idolatry And Cyrus enjoyed his Crown and Scepter not many years and his race failed in his Son Cambyses for his Cruelty And how can the Spanish Kings declining glory last long since many probable and very learned Authors do greatly belye him if he be not infected with all or most part of those vices which possessed incredulous and unbelieving Saul adulterous and leacherous David Idolatrous and Superstitious Achan Cruel and incestuous Cambyses I favor and reverence his Person because he is a King hate and detest his vices because they become not a Prince have declared and discovered his indiscretion because he may be no more thought so wise as common Fame reportâ—th him to be And now because of a dissembling friend he is become our professed Enemy I may not conceale the means how his courage may be cooled his Pride abated his purposes prevented his courses crossed his Ambition restrained his hopes frustrated his strength weakned his Alliances dissolved and Briefly all or part of his Kingdom rent and dismembred To know how all this may be done you shall need but to look back upon the means that he useth to conserve his
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
Iohn for the execution before and the possession after the conquest The Pope writeth unto the King in the behalf of his Brother he fearing that when his brother had obtained England he would not rest satisfied therewith but coveted greater matters and that he should find many Christian Princes ready to assist him in his endeavours thanketh the Pope for his loving and kindly care of his Brothers advancement and denieth not his suit for fear he should offend his Brother but requireth time to consult and deliberate of the matter for the enterprize said he is honourable but hard and difficult and my Brother a fit man to be employed therein but his credit must be regarded and his aiders and abettors cannot chuse but participate of his dishonour if the enterprize should not succeed according to his and their desires This answer runneth for currant until the plot laid for England was prevented and broken by the wisdom and policy of the Queen and Council of England Then Don Iohn and his Secretary together with the Pope and other Italian Princes think upon another Kingdom for him and altogether practise how to make him King of Tunis a place that required a man of his worth as well to keep it as to contain the Turk within his limits The Pope therefore writeth again unto the Spanish King praying him to bestow the Kingdom upon his Brother He entertaineth both the Pope and his Brother as he did for England alwaies forbearing to make Don Iohn greater and mightâ—er then he was himself All these practises with the Pope were done secretly and Escovedo was the man that was still employed in them The King was never made privie unto them until that the Popes Nuntio talking by chance with Antonio Peres revealed all their secret intelligences with the Pope and he presently made report thereof unto the King The Spanish Ambassador also advised the said Peres that Don Iohn de Austria by means of Escovedo had great recourse unto the King with whom his Messenger had several privie conferences and never acquainted him with any and after they had been with the King they went unto the Duke of Guise who concluded a great league of amity and friendship between Don Iohn and the said Duke upon pretence that the defence of both Kingdoms France and Spain was the cause of this League Antonio Peres imparteth the news unto the King who dissembleth his knowledge thereof and entertaineth both his Brother and his Brothers Secretary with all outward shews of kindness and brotherly affection Don Iohn wearied with continual crosses and untoward proceedings in Flanders resorted on the sudden into Spain without giving the King any notice of his coming The King giveth him outwardly a very kind entertainment confer together about his preferment and dispatcheth him in all haste for Flanders pretending the troubles there to be such as his long absence from thence might greatly endanger his State Don Iohn departing leaves Escovedo behind him to solicite and follow his business in his absence Here endeth Escovedo's prosperity and beginneth Antonio Peres his downfal from that favour and good fortune which followed him before that time For when the Duke Don Iohn was gone the King consulteth with him how to proceed against Escovedo Then they call to mind all their former intelligences they think it dangerous to send him back again into Flanders because he would still nourish him in his ambitious humour Then they hold it likewise to be a matter of no small danger to proceed against him by Order of Law because that was to call his Brother in question and so to offend his Brother thereby to give him an occasion to fall from him unto his most mortal enemies Then they resolve that the best and safest course was to give Escovedo a Baccado that is a morsel to shorten his days because that being done secretly his Brother would haply think that some of his enemies had secretly poysoned him This resolution being thus taken Antonio Peres is commanded by the King to put the same in execution and he performeth the charge so cunningly that no man but he and the King knew by whom Escovedo was poysoned He being dead his son Pedrâ— Escovedo useth all means possible to come to the knowledge of them that murthered him and seeking findeth some light occasion of slender presumption against Antonio Peres which is nourished by Peres his enemies Escovedo counselled by Peres adversaries and his Fathers best friends presenteth an humble supplication to the King wherein he accuseth Antonio Peres of his Fathers death and beseecheth his Majesty to vouchsafe him the benefit of Law and Justice against the Murtherer His Petition is received and read by the King that he shall have Justice with all favour and expedition Peres is committed as a prisoner unto his house and order is given for his examination The King wavereth betwixt hope and fear as men usually do whose consciences are charged and burthened with guilt somtimes he hopeth well because no man to his knowledge knowing the matter but he and Peres he thinketh that the accuser shall never be able to make sufficient proof of the matter and somtimes he doubteth that Peres may in hope of pardon from him by whom he was set on work confess the murther and the cause thereof These perplexities thus troubling the King Peres is likewise perplexed with the same passions somtimes he liveth in hope because the King comforteth him and his accuser proceedeth faintly in his accusation within a while after he beginneth to fear because he is committed to harder durance commanded to confess the fact and conceal the cause willed to compound with his accuser and so eagerly prosecuted that he flyeth to Aragon The people there being grieved with the manner of proceeding against him and with the manifest breach of their ancient priviledge rise up in Arms make Ghilmesa their Head and by main force deliver him out of prison he being at liberty flyeth into France and thence cometh into England Thus you have briefly heard the fact now it remaineth to clear such questions as may arise from this fact The Questions are these 1. First Whether the King commanding Escovedo to be murthered in this manner may not worthily be accompted and called a Murtherer 2. Next Whether Antonio Peres obeying this Commandment hath not committed as great an offence as the King 3. Then Whether the King being found a Murtherer deserveth not to be Deposed or Excommunicated for this Murther better then the King of France did deserve to be deprived of his Life and Crown for murthering the Duke of Guise 4. Lastly Whether this Excommunication and Deposition may be warranted by the example of other Princes who having committed the like offences have endured and undergone the like punishment To clear the first question it shall be needful to know whether the King had just occasion offered him by Escovedo to cause him to be murthered For though Princes have life
and death over their subjects yet he is to be accompted a Tyrant that causeth any of his Subjects to be done to death without having deserved to lose his life and this authority given them by Law and common consent of their subjects tendeth to no other purpose nor respecteth any other end then that sin may be punished and malefactors not permitted to live both to the scandal and detriment of well doers If therefore Escovedo committed no offence worthy of death the King had no power no warrant no authority to take away his life his offence therefore must be known the nature quality and circumstances thereof well examined and duly considered and according as his crime shall fall out and prove to be great or small pardonable or capital so shall the Kings actions seem punishable or excusable All that Antonio Peres his Book chargeth him withal is that he had secret intelligence with the Pope the King of France and the Duke of Guise wherein he was set on by his master Don Iohn de Austria who was the King's Lieutenant General and by vertue of this office represented the Kings own person and was armed with his authority if not in all things yet in as much as concerned the execution of his charge and commission The question then must be whether the Secretary unto such a Lieutenant performing that which is commanded by his master may be taken and condemned for a Traytor Treason hath many branches and is of divers kinds and it would be tedious and troublesome to make a recital of them all And it shall suffice to declare whether any of the actions specified in this accusation be within the compass of Treason He wrote Letters to whom To the Pope Why He was no enemy but a friend to the King of Spain What was the tenor and contents of this Letter Nothing else but that it might please his Holiness to recommend one Brother unto another Why That was an office of kindness and not of treason And for what purpose desireth he to have him recommended Forsooth for the employment in the service and enterprise that was to be made against England Why that service liked the King and proceeded first from him it tended to his benefit it was to be undertaken in revenge of his supposed wrongs against his enemy and all this is no treason And for whom wrote he For Don Iohn de Austria his Kings Brother the Pope's Darling and Turks scourge the Princes of Italies Favourite the Queen of Englands terror and the whole Worlds wonder But he wrote without the King's privity How shall he know that Had he not good cause to think that all that he did was done with the King's counsel and consent Had he not eyes to see and ears to hear and discretion to consider that whatsoever was done against England should be both grateful and acceptable unto the King I but he might think that the King would not be content to have his Brother made a King Why He was his Lieutenant already and so next to a King He had done him great service and was to do him more and so deserved no small recompence he had the Title of a Duke but no Living fit for a Duke the vertues and valour of a King but no possibility to be a King but by his Brothers favour and furtherance briefly he desired that honour and Escovedo perhaps thought the King meant to prefer him to that honour the rather because the King might be led to advance him to a Kingdom in his life time by his fathers example who prefers his Brother Ferdinando to the Empire before he died himself why then be it that he was either deceived in his cogitation or beguiled with the love of his Master or went further then he had warrant to go why lawful ignorance extenuateth the gravity of and as to annoy a Princes enemy so to pleasure his friend was never punishable or at any time accounted treason But when the enterprise against England failed he solicited the Pope for the Kingdom of Tunis but how Not to have it without the Kings good leave and liking And when made he that motion Even then when the Princes of Italy and the wisest Counsellors of Europe stood in fear of the common enemy doubted that Tunis might be recovered by the Turk and therefore thought it meet to have so valorous and victorious a Prince there as was Don Iohn de Austria who having the Kingdom in his own right would be the more willing and ready to defend it and was this desire an offence Or could this motion be counted treason He might have remembred that Don Iohn de Soto was removed from serving Don Iohn de Austria because he furthered him in the like enterprizes But he saw him preferred to a place of greater honour and commodity which gave him just occasion to think that the King rather liked then disallowed his actions Thus you see there is no desert of death in practising with the Pope Now it remaineth to consider how this dealing in France with the King or the Duke of Guise may be justly esteemed a crime capital It appeareth that the French King was then in League with the Spaniard whose Ambassador was then residing in his Court and Ambassadors are not permitted to remain but where there is a League of Amity betwixt Princes The Guisards affection hath been declared to have been always greater towards Spain then towards France And the enterprize of England might seem unto Don Iohn de Austria very difficult yea impossible without some favour without some help from France if then to favour this enterprize he had some secret intelligence with France is he therefore blame-worthy Or hath it ever been counted a fault in a servant or Lieutenant to seek all lawful and honourable ways to bring to pass his Masters desire and purpose Do Princes prescribe unto their Lieutenants or Ministers all that they can do to compass and effect their designs Do they not rather give them a few short Instructions and leave it to their discretion and wisdom to foresee and use other means to further their intentions Is not this the reason why they make choice of wise and discreet men for such employments Is not this the cause that when they send young Noblemen either to Wars or Ambassadors or to forraign Governments they are ever accompanyed with grave and wise Counsellors Briefly Is it not this that moveth them to command that their young Lieutenants Ambassadors or Governours shall do nothing without their Counsellors I know that it is very dangerous to be employed in Princes affairs Danger in conceiving a message and Danger in delivering the same and danger in reporting an answer thereunto And yet be it that a messenger conceiveth not a business rightly that he delivereth not his will and pleasure as he should do and that he faileth in report of his answer to whom he is sent yet he committeth not a
committing the fact with his wife or daughter is not punished with death by Law because the greatness of his sorrow excuseth the grievousness of his offence and a man that being provoked by another by word or deed killeth the provoker is not subject to extream rigour of justice because whatsoever is done in heat of choler is rather excusable in mercy then punishable with extremity The King of Spain's life stood in no danger as long as Escovedo lived he had offered no violence to his wife or daughter and if he gave him any occasion to be angry or displeased with him there was time enough betwixt the occasion given and the hour of his death to allay the heat and to asswage his wrath There is not therefore any one just cause to excuse this murther but many to aggravate the same For first A King commanded it to be committed and Kings ought to preserve not murther their subjects Next an innocent man was murthered and it is better to save many offenders then to condemn one innocent Then the murtherer was as it were a father to the murthered Kings are called fathers of their subjects Again Escovedo was no stranger but the Kings servant and it is much more grievous to kill an houshold servanâ— then a stranger Again Escovedo was no base person but of good worth and of divers good qualities and he offendeth more that killeth an adulterer of good sort then he that murthereth one of vile and base condition Again Escovedo had deserved well of the King and had done him many good services and ingratitude is a detestable vice a fault punishable by Law Again Escovedo was done to death against Law and to murther a man without Law is a double breach of Law a breach in the murther and a breach in not observance of Law Again Escovedo was poysoned and the murther that is done with poyson because it is trayterously done is much more grievous then that which is performed Therefore Lastly When poyson took no effect he was killed with a sword and the murther that is iterated is more hainous it argueth perseverance in wickedness it sheweth that the offender is obdurate in malice it betrayeth his cruelty and declareth that nothing but death will satisfie him so it is sin in a Prince to think on such a murther wickedness to command it to be done cruelty to thirst after innocent blood ingratitude to render evil for good treason to take away a mans life by poyson and of all treasons the greatest when poyson faileth to use the sword and when God hath miraculously preserved an innocent man to attempt his death again and never to desist until he was massacred For Princes are armed with authority but they are to use the sword only against the wicked they may be cruel but with a kind of mercy and compassion they may censure all mens actions but with remembrance of mans imbecility with grief for their fall with sorrow for their temptation with hope of their amendment and with a desire of their conversion They must think that ignorance may mislead them Satan seduce them sin get the upper hand of them Gods good grace abandon them and that being destitute of his favour they are no more able to make any resistance against the divel 's temptations and when they have thought upon all this they must look upon themselves and in themselves consider that they be angry but without fin they may be moved but not so much as to forget to do justice punish offenders without hatred to their persons and not before that reason hath mastered their own affections mercy hath mitigated their rigour and wisdom hath nullified all the extremity of their inordinate passions This murder being then in thought in action in continuance and in iteration impious and detestable it resteth therefore to shew whether Antonio Peres yeilding his consent and putting his helping hand thereunto be not guilty of Escovedo his death as well as the King For the affirmative it may be said that in cases of felony murther and treason the principals and accessaries are held to offend in one and the same measure because they are most commonly subject to one and the same manner of punishment That servants to private men and Counsellors to Princes must obey God rather then their Masters the almighty in heaven rather then the mighty on earth That Peres knew in conscience that Escovedo had not deserved death That no man should do any thing against his Conscience and that Counsellors attend upon Princes to be disswaders of their follies and not executioners of their furies It had therefore been the part of Antonio Peres when he saw his King resolute to have Escovedo murthered not to have reprehended his wicked intention presently but to have attended some convenient time when the Kings fury and anger had been past when he would have hearkned unto reason and given an attentive ear unto good counsel and then not to have spared his tongue or his pen his counsel or his cunning his wits or his credit with his master until he had changed his mind For wise and discreet officers unto Princes will not presently obey their hasty furious and unadvised commandments but give them time to allay and pacifie and to consider with themselves what they have commanded and what mischiefs and inconveniencies may follow of their commandments And the Prince that hath such may think himself happy and when of a servant to his passions he returneth happily to himself that is to be a right Prince then will he thank them heartily for their good counsel It is written of a Duke of Britany that when he had taken Clission an high Constable of France who had made the French his mortal enemy and caused him to work his Countries great harm and annoyance he delivered him into the hands of Iohn Bavilion his trusty and faithful servant and commanded him to be caused to be drowned secretly Bavilion considering what danger might follow of his rash and hasty commandment preserved the Constable and within a few days after when he saw the Duke his master very pensive and sorrowful he presumed to demand the cause of his grief The Duke not being able to conceal any thing from him although he thought not to have found such comfort as he did by him acquainteth Bavilion with the â—â—use of his heavines which was that he had caused the Constable so unadvisedly to be made away Bavilion seeing the time fit to declare what he had done let the Duke understand that Clisson lived and by way of advice told him that by restoring his prisoner in safety without a ransome unto the French King he should bind the Constable to do him all manner of good offices about the king of France purchase the Kings assured friendship and procure his own Countries safety and quiet For which good counsel the Duke thanked him as much as for saving the Constable and found that by following
and Antonio Peres his voluntary confession which is a slender kind of proof and especially against a King for exceptions may be made and taken against it As that Antonio Peres bewrayeth his own filthiness and therefore is not to be heard That he is but one witness That he is as Socius Criminis and therefore his accusation of little force and many other like which for brevity I omit and will dispute tanquam ex concessis and have two principal reasons to induce me thereunto The first because I presume that no man will be so impudent as to accuse a King and his own Soveraign to his face and to the view of all the world of a horrible murther unless his accusation were true and tended rather to purge himself then to defame and discredit his Prince The second cause I find that the Spanish Kings friends and favourers have not made any conscience or difficulty to calumniate our Princess her life and actions upon far more slender presumptions then we have of this murther The Author of that seditious Book which was written against the late King of France delivereth it for his resolute opinion That the said King deserved to lose his Crown because he not only consented but also commanded the Duke of Guise and the Cardinal his Brother to be murthered He aggravateth his murther by three principal reasons and instances The first Because they were innocent The second Because they were allied unto the King And the third Because they were massacred by common murtherers These reasons have already been sufficiently reproved Their innocency hath been shewed to be horrible treasons their alliance unto their King not worthy of pardon or commiseration and their death to be warrantable by Law and equity It resteth to make a brief comparison betwixt them and Escovedo and the comparison may be this Escovedo practised with friends they with foes He for the King's Brother they against the King his Brother and all his blood He to the benefit of his Prince and Country they to the hurt and ruine of the King and his realm He with the consent and command of the King's Lieutenant they against the will and pleasure of all the King 's loving and faithful Officers He to reduce the King's subjects to their obedience they to alienate their Princes subjects from their allegiance He to submit strangers unto his Princes Dominions and they to subject their Prince and Country unto strangers He to â—oyn other Countries with the Spanish Kings they to dismember and distract many provinces from the French Crown He was never admonished to desist they were oft-times required to depart from their unlawful League and Confederacy He was cut off before he came to any open action they lived after they had committed many notable and notorious treasons He was accused but of presumption they were convicted by divers and evident proofs He perished because it was thought he would or might have done evil they were not executed before it appeared that they had done too much evil He living could not endanger his Kings life and they if they had not been slain when they were would have shortned their King's days and utterly have subverted his Realm and their Country Briefly his death did the Spanish King no good their punishment had freed the French King and his Country of many troubles and dangers had not a factious and wicked Fryer ended his life before he could see an end of those troubles If ergo the King of France deserved to be excommunicated and deposed for murthering them much more deserveth the King of Spain the like punishment for massacring him although they far excelled him in honour and dignity And if great crimes are to be punished with great penalties small offences with small correction and such as the fault is such is the chastisement I shall not need to prove my opinion with more arguments And if the common and Ecclesiastical Laws have no greater punishment then degradation and excommunication and both of them are equal unto deposition unto death in the Civil Law and if for what faults they may be afflicted by an Ecclesiastical Judge deposition and death may be imposed for the same crimes by a Civil Magistrate Murther being punished with degradation and excommunication in an Ecclesiastical Court Murther must needs be capital before a Temporal Judge But what need I stand any longer upon the proof of my opinion The Author of the before-named seditious Book easeth me of that pain Ergo since the Law saith Such Judgement as a man giveth against another such must he expect and look for himself and he that approveth a witnesses honesty and integrity when he is produced to testifie in a matter for him cannot refuse to take exceptions against his person if he chance to be brought forth afterwards for a witness in another cause against him The Leaguers were the Spanish King's friends who by the mouth of this author have condemned the French King for a murtherer and have thought him worthy to be deprived for those murthers must needs allow the same reasons the same Law the same judgement against the Spaniard Thus the third question is cleared Now followeth the fourth in the handling whereof I shall likewise be eased by the same author for the same examples which fortifie his opinion may serve to confirm my assertion He mentioneth many Princes who were deposed or excommunicated or censured by the Pope for murther The Princes deposed were Ptolomeus Phisco King of Egypt Tarquinus superbus King of Rome Philip King of Macedonia Herdanus King of Castile and Edward and Richard both the second Kings of England The Kings excommunicated by the Pope were Peter King of Castile whom Pope Urban excommunicated because he killed Blanch the daughter of the Duke of Barbon and divers Peers of his Realm Maganus Nicholas King of Denmark who was likewise excommunicated for the murther committed by his sons procurement on the person of Canutus his Nephew And lastly King Iohn of England who incurred the like punishment for causing his Nephew Arthur to be murthered without any desert without any due observance of Law or Equity The same author aggravateth again the French King's murther because the Cardinal was an Ecclesiastical man and a man of great Calling and Dignity and proveth again his opinion by the example of Henry the eighth King of England whom the Pope excommunicated and absolved his subjects from the oath and duty of obedience which they owed unto him because he cause Fisher Bishop of Rochester to be done to death And by the example of Bolislaus King of Poland whom Gregory the seventh not only excommunicated but also deprived him of his Crown and Dignity because he had killed holy Stomlaus But it may be said that the French King killed two and the Spaniard but one that Escovedo was a man of no such quality as the Duke and the Cardinal that their death alone was not the only crime that
was proved against the French King but many other matters as hainous as their murther Briefly that in Kings one fault be it never so grievous may be pardonable a few somwhat tolerable but many must needs be punishable in the highest degree and with the greatest extremity To this I may answer that I have already sufficiently cleared the French King of all that was more wrongfully then truly laid to his charge and that the Spanish King may be charged with many crimes as many as the late King of France but in particular Escovedo his death was an horrible murther but the proceeding of Antonio Peres and his friends made it much more horrible for wherein did Peres offend the King Was it an offence against his Majesty that he fulfilled his commandment in causing him to be murthered whose death he desired Was it a treason not to confess this murther which could not be revealed without the King's prejudice Was it a fault to confess the murther as he was commanded and to conceal the cause as he was willed Was it not a crime punishable to compound with the accuser and to buy his quiet as Peres did with twenty thousand duckets Briefly Was it a sin unpardonable to blemish his own reputation and to impoverish himself and all to please and content the King If all these be no faults then had the King no just cause to be displeased with Peres as he was somtimes friendly other times hardly pleased to day favouring him to morrow persecuting him one while promising him great rewards another while taking from him his own goods and his own substance and if all these be faults whose faults be these Are they not the King 's as well as Peres his faults Nay came they not from the King and not from Peres who did nothing but what the King commanded him what he thought fit and convenient to be done which he not only required him but also promised him great rewards to do But grant that Peres offended the King highly what offence had Peres his wife and children committed that they should be imprisoned and his Son lose his ecclesiastical living Offended they because they became suitors for his enlargement for his speedy and just tryal Had he been a manifest Traytor it was lawful for his wife to sue for his pardon Had she been guilty and consenting to his treason she could have endured no more then he did unless he had been first condemned and the Law favoureth women even in cases of treason because it presumeth that by reason of the infirmity of their Sex they dare not attempt so much as men and had his son joyned with his mother for his fathers liberty that was no sufficient cause to take away his Living For the Law which enjoyneth a childe to prosecute and revenge his fathers death if he chance to be killed upon pain of loss of his childes part and portion cannot but permit him yea either expresly or secretly charge him to do his best and uttermost endeavour to preserve and keep his father from a wrongful and undeserved death And the Cannons which permit not the Pope who is a competent and the highest Judge in any Ecclesiastical cause to take away a Benefice from any man at his pleasure suffer not a Lay Prince who is no competent Judge in Ecclesiastical causes according to those Cannons to make his pleasure a just and sufficient reason to deprive any man of a spiritual Living It is ergo manifest that there was and is great wrong done unto Antonio Peres to his wife and children and this wrong ceaseth not in them but reacheth unto others and not unto mean men only nor in the least kinde of injury For Iohn Don de la Nuca a man of no mean authority a Magistrate the chief Justice of all Aragon must not be lightly punished which had been somwhat tolerable but unjustly beheaded which was extream tyrannie and for what cause If I may not tell you the King 's own letter shall tell you This Letter written by the King unto Don Iohn Alonso contained these short but sharp words Assoon as you receive this Letter you shall apprehend Don John de la Nuca chief Iustice of Aragon and let me assoon be certified of his death as of his Imprisonment you shall cause his head straightway to be cut off and let the Cryer say thus This is the Iustice which the King our Lord commandeth to be done unto this Knight because he is a gatherer together of the Kingdom and for that he raised a Banner against his King who commandeth his head to be cut off his goods to be confiscated and his House and Castle to be pluckt down to the ground Whosoever shall presume so to do let him be assured so to die You see the cause he is a Traytor How is that proved The King said so He gathered together the Commons How doth that appear By the King's Letter He raised a Banner against the King who is his Accuser The King Who the Judge The King What Tryal had he Assoon as he was taken he was executed a Judgement goeth before an Arraignment and Execution before a Judgement Who was the Executioner Don Alonso de Vargas With what solemnity is the execution done Whoso is a Traytor shall die so whoso raiâ—eth the Country shall die so whoso raiseth a standard in the field against the King shall die so all is treason and all is death all upon a sudden and all without due and lawful proof For such a Justice as Don Iohn de la Nuca was could have no other Judge no man else to condemn him but a certain Court called Contes Lateras the King and the States of the Kingdom such a crime as was laid to his charge cannot be heard and determined in Aragon by the King such a sentence as passed against him hath no more power or force against a mans person his goods or his honour then a sentence given by the complainant against the defendant such a King as the King of Spain should be in Aragon is no longer a King if he break the Laws of the Union and of those Laws there are two especial branches the one That whensoever the King breaketh those Laws the Subjects may presently chuse another King The other That all the States and rich men of the Country may assemble together and forbid any rents to be paid unto the King until the Vassal whom the King doth wrong be restored unto his right and the Law which he doth presume to violate be likewise re-established in full force and strength Moreover because there is no other Law and Obligation wherewith to binde a King then with an Oath an Oath is taken of the King at his Coronation to keep those Laws and the Oath is given him with these words We who are able to do as much as you do make you our Lord and King with this condition that you shall keep our Laws and
it was not Religion but private quarrels that caused a division in his Kingdom and this division was as you have heard and shall hear maintained and nourished by the Spaniard For when the troubles began first in France the princes of Vendosme and Conde being displeased with the greatness of the House of Guise drew into their faction and side the Houses of Montmorency and Chastilian that they might be the better able with their help to prevent and withstand the encrease and advancement of the late Duke of Guise his Father and Uncle who had usurped and gotten into their hands all the authority credit and power of the Kingdom during the minority of Francis the second their Nephew afterwards the same Duke of Guise and the Constable fall into variance for no other cause but for that the first was jealour of the other both of them being in great favour and credit with Henry the third Four principal causes encreased and nourished the contention between these two princes The first was the office of great Master of France which the King gave unto the Duke of Guise when he made the Duke of Montmorency Constable of France who was great Master before and had a promise of the King that the office should have been reserved for his son The second occasion of their discontentment was the Earldom of Dampmartin which both of them had bought of sundry persons pretending right thereunto and when they had sued for the same a long time in Law the Constable obtained the suit The third cause of their discontentment was because the one of them seeking by all means possible to discredit and disgrace the other the Constable procured the Duke of Guise to be sent into Italy that he might in his absence possess the King wholly and alone and when he was there he could not do any thing worth his labour or worthy of commendation because the Constable either fore-slowed or hindred his business But the Duke of Guise being returned out of Italy and finding that the Constable was taken prisoner at St Laurence to be revenged of the indignities offered whilst he was in Italy procured that the Constable was held a long time in prison and used all the policies that he could devise to delay and defer his deliverance the which delays occasioned his Nephews of Chastilian to crave aid and assistance of the late King of Navarra and the Prince of Conde his brother who had married his Neece The fourth and last cause of their strife and difference was the competency between the Prince of Conde and the Duke of Iamvile for the office and charge of Colonel of the light Horsemen of France This debate and emulation being begun and having continued a long time debate and emulation being begun and having continued a long time in this manner it hapned that the first Author thereof being dead the Duke of Guise prevailed too much in the French Court the which the Lords of Chastilian perceiving to their great sorrow and discontentment left the Court and in returning from thence were it in earnest or in policy began to favour the Lutherans of France who at that time began to preach in cellars and in houses secretly and became their friends more to defend themselves from the House of Guise then to seek and procure any alteration or change of Religion until that the King himself at the instigation and instance of the Duke of Iamvile took Monsieur de Andeles at Cressy and sent him prisoner to Molin and imprisoned the Videan of Chatres and many others These imprisonments and years of further mischiefs caused the friends and followers of the Constables to prepare with great silence and secrecy a mighty Army in Germany with which he purposed to make an horrible execution of the House of Guise under a colour to free the King from that bondage wherein the late Dukes of Guise and Aumale held him of which followed the great execution of Amboise the rigorous commandment that was given to the King of Navarra and the imprisonment of the Prince of Conde at the assembly of States held at Orleans and many other accidents which had continued with far greater cruelty then was used against the Houses of the Constable and of Chastilian had not the sudden death of the young King prevented the bloody intentions of the House of Guise The unexpected death of the young King perplexed and dejected the House of Guise much and surely they had been reduced unto extream desperation had not the Spanish King revived their hope and put them in great comfort who until he saw them in great extremity stood in doubt which part to favour most and kindled the fire of dissention on both sides to the end it might at the length burn and consume France in such manner as it did of late years It was the Spanish King that when the King of Navarra was made Governour of Charls the ninth and the Constable restored to his ancient Honour and Dignity supported the Duke of Guise and gave him such counsel that he both won the King of Navarra and the Constable to favour him and his enterprises against their own Brothers and Nephews and took the young King and his Mother at Fountain-bleau and carried them to Melind The Queen-mother grieved with this captivity of the King and her self was sain to entreat the Prince of Conde and the Lords of Chastilian to help to set him and her at liberty And then the said Prince and Lords not being able to resist of themselves so mighty enemies as the Guisards were especially being aided with the power and authority Royal became protestants in good earnest and declaring themselves Protectors and Heads of the Huguenots craved their assistance wherewith they seized upon many Cities of France not making any mention of their Religion but pretending to free the King and his Mother from that captivity wherein the House of Guise held them It was the King of Spain who when the Duke of Guise was slain at Orleans by Poltrot practised with the Cardinal his Brother to entertain and maintain the divisions in France not to subvert the Lutherans but to weaken the Kingdom wherein the Cardinal proceeded so cunningly that he drew the Queen-mother from the Prince of Conde and the Chastilians by whom she was set at liberty by perswading that the Prince of Burbone the Constable and the Chastilians sought her utter ruine and subversion and would never leave until they had sent her into Italy unto her friends there for which she conceived so great displeasure and indignation against them that she caused the one brother to be killed at the Battel of Iarvack and the other at the Massacre of Paris it is thought that if the Montmorencies had been there at the same time they had drunk of the same cup. Thus you see that the troubles of France grew not for Religion but for competency and emulation that was betwixt the House of Guise
and good Fathers 7 The Soveraignty of the Kings of England over Scotland proved by Records p. 195 The Scots objections answered 197 Spain 's large Dominions abroad how it became united with the House of Austria 54 The Spaniard 's policy commended and admired p. 2 The Spaniard censured p. 3 The Spaniards and French compared with the Romans and Carthaginians p. 76 The designs of the Spaniard against the person and state of Queen Elizabeth p. 1 By what means his power may be diministed p. 240 241 Oftner conquered then any Nation of Europe p. 219 The twelve Kingdoms of Spain united in Ferdinand and Isabel 54 The Spanish King's Title to the Indies p. 62 His Title to the Dukedom of Milan p. 62 His Title to the Dukedom of Burgundy p. 63 By what means he preserveth his Dominions p. 63 His proceedings with the Turk p. 71 With the French King p. 73 With the Princes of Germany p. 79 With the Pope p. 80 With the Venetians and the rest of the Princes of Italy p. 81. With the Queen of England p. 82 Supposed more strong and wealthy then he really is p. 111 His Errours in Governing the Low-Countries p. 125 His League with the Guisards condemned p. 136 137 140 141 His intention to invade England proved vain and indiscreet p. 171 172 c. His light credit to the false reports of English Fugitives p. 171 183 The Tyranny and Cruelty of his Government 237 The Count of Saint Paul proclaimed Traytor by Lewis the eleventh 165 Subjects frame their lives and manners to the example of their Princes 8 Subsidies and Taxes levied by former King of England 184 185 186 Succour refus'd to divers Princes out of politique interests 96 Suchin made Vicount of Milan by Pope Benedict the twelfth 52 The Earl of Surry 's resolute answer to the Iudges 184 Switzers defrauded of a debt due from France p. 42 To what height they are grown from a low beginning 260 T TEacha Queen of Slavonia causeth a Roman Ambassadour to be slain 209 Temporal Princes to intermeddle in spiritual affairs 182 Theodorick the first of France deposed by the States of the Realm 41 Theseus his policy to augment the City of Athens 65 Thomas Archbishop of Canterbury slain by four Assassinates 179 180 Titus the delight and love of the people 5 Towns not well inhabited a main cause of penury among the Inhabitants 6 Trajan the pattern of a good Emperour 5 The Treason of the Duke of Bourbon renders him odious to a Spanish Grandee p. 139 He is proclaimed Traytor by Francis the first 165 Turain quitted by the King of England 45 The Turks aid implored by divers Christian Princes 139 The Turkish Monarchy strengthned by the divisions between France and Spain p. 2 And by the sloth and amâ—bition of Princes and States in several ages 11 12 V VAsoeus his immoderate commendations of Spain refuted 118 119 The Venetians break their League with the Spaniards upon the not delivering of Brescia 100 J. Viennensis his faâ—se relation of Scotland to Charls the sixth King of France 189 190 The Violent proceedings of the Catholique Princes against the Protestants p. 226 227 Makes their party so much the stronger 227 228 The Virgin of Orleans her proceeding in France 49 50 Pope Urban gives the Kingdom of Sicily and Dukedoms of Pulia and Calabria unto Charls Earl of Argiers and Provence p. 53 Afterwards to Lewis K. of Hungary 55 The Duke of Urbin and Andrea Doria take part with Charls upon hopes of preserment 242 243 W WArs waged upon very slight occasions p. 147 148 Upon Injuries offered to prevent greater mischiefs 148 The Earl of Warwick 's example a warning to the Guisards 148 149 William K. of Sicily plucketh out the eyes of Henry Dandolo the Venetian Ambassadour 209 William Gonzaga made Lord of Mantua and Rezzo by the Pope 53 Womens Rule and Government rare 〈◊〉 Cardinal Wolfey 's power with Henry the eight the French King and the Emperour p. 43 His policy in entertaining Henry the eight with all delights 189 Z THe Zeal of the French king to the Roman Catholique Religion 151 160 Table to the Supplement ANtonio Peres forsaketh Spain to live in England p. 1 He writeth a Book called The Fragment of History ibid. He imparteth the transactions between John de Austria and the Pope and Duke of Guise unto the K. of Spain p. 3 He poysoneth Escovedo ibid. Aragonian kings subject to the constitutions of the Country 21 22 c. THe Duke of Britany commandeth Bavilion to murther the Constable of France 10 C CArdinal de Guise his death compared with Escovedo 's 13 Clisson high Constable of France preserved by Bavilion 10 Craesus spared by Cambyses his servants who were commanded to kill him 11 The Prince of Conde an enemy to the Duke of Guise 's party p. 28 He turneth Protestant and freeth Charls the ninth out of prison D THe Danish King not to make war without consent of the States 21 The Pope's Delegate in some cases above the Popes Legate 11 Diego de Meneses unjustly executed by the Spanish King 27 E THe Emperor may be convented by his own subjects before the Pope 25 Escovedo made Secretary to Don John de Austria in the room of John de Soto p. 2 The Duke returning from Spain leaves Escovedo 〈◊〉 him where he is poisoned p. 3 Several questions cleared concerning this fact 4 5 F THe French King deserved to lose his Crown for the murther of the Guises 13 G GHilmesa freeth Antonio Peres out of prison 4 The Duke of Guise his death compared with Escovedo 's 13 H HArpagus saveth Cyrus notwithstanding Astyages his command 11 Hector Pinto a Fryar poysoned by the Souldiers of Castile 27 Henry Perera unlawfully executed by the Spanish King 27 I IAmes de Moronack beaten to death with Souldiers 27 Indignities offered by subjects to their Princes no unusual thing 22 The Inquisition used against all sorts of offenders as well as heretiques 23 John de Soto Secretary to John de Austria p. 2 John de Escovedo put in his room 2 Don John de Austria concludeth a great League of friendship with the Duke of Guise 3 L LAws to be observed by Princes as well as Subjects 21 22 M MOntmorency and Chastilian take part with Vendosm and Conde against the Guises p. 28 Montmorency made Constable of France ibid. N THe Names of several plotters against the life of Q. Elizabeth 23 De la Nuca executed by Alonzo de Vargas at the command of the King Of Spain 16 O OAths not grounded upon a just cause bind not 24 P PEdro Escovedo accuseth Antonio Perez of his fathers death 3 4 Perjury excludeth a man from all preferment 18 The Polish King not to make war without leave of the States 21 The Pope plotteth to make Don John of Austria King of England p. 2 Next to make him King of Tunis ib. Princes deposed or excommunicated for Murther p. 14 15
Raigne married Margaret his Daughter at Yorke and then and there did him homage for his Kingdom Lastly it appeared by the Popes Bulls written into Scotland that the Kings of Scotland were excommunicated by divers Popes because they would not obey the Kings of England their Lords and Soveraignes Buâ— against all this and whatsoever else may be said by us to fortifie and defend our Title the Scots make three principall Objections The first that their King never did homage unto us but for the Countries of Northumberland Cumberland Westmerland and Huntingdon the which they confess they held of our Kings and by their grant and guift The second that Edward the third being chosen Arbitrator of the great and notable contention that was betwixt Iohn Baliâ—l and Robert Bruce for the Kingdom took the two Competitors aside and sounded which of them would take the kingdom to hold it of him which when Robert whose Title was as they thought best refused to do and Iohn was content to performe hee wrongfully pronounced Judgement for Iohn Baliol and so extorted this Homage by Fraud and Corruption The third that the Estates of the Realme never acknowledged this Homage but were so farr from yeilding thereunto that the Nobility of Scotland deprived Iohn Baliol of the Crown and gave the same unto Robert the first because he submitted himself and his Kingdom unto King Ed. The three Objâ—ctions may not be unanswered and therefore unto â—very one of them in Order True it is that a King may hold his Kingdom of no Superior and yet owe Homage for some Member thereof unto another or some Principality that hee holdeth of an other and he shall still nevertheless remaine a most absolute King For who will deny King Edward the third of England to be either absolute or Soveraigne King of England although he swore Homage and Fidelity unto King Iohn of France for Gascoigne and other Dominions which he held of him in France Or who will take the Emperor Chales the fift not to bee an absolute and Soveraign King in Spain or other his Dominions and Kingdomes because hee sometimes owed Fidelity and Homage unto the French King for the Dukedome of Burgondy Bâ—t the case is altered in the King of Scots because hee did Homage both for these Countries and for his Kingdom And this is no good Argument The King of Scots did Homage unto England for certain English Provinces held of England therefore they did not Homage for Scotland But the second Objection is of better weight and yet may bee thus answered I might here oppose the Credit of an English man against a Scots credit and desire to have Holinshed and Thâ— Walsingham speaking for us to be as well believed as Hector Boetius and George Buchanan would bee credited when they speake for Scotland But you shall heare this Objection confuted by an Italian namely by Pelidore Virgil a man of more indifferency of less partiality and perhaps of better Judgement against whom if it be be said that he was either hired to write our History favorably or that he could write nothing of us but what he had from us I â—nswer that there was never any man justly condemned upon a bare and light suspition and I eftsoones say as I once said before that where a matter cannot be proved but by domestical witnesses there such a proof is both allowable and lawfull Then to refell this Objection I say out of Polid. Virgil that Kâ—ng Edward pronounced not Judgment for Iohn Balioll because he promised to hold Scotland in homage of him but because he came of the eldest Daughter of King David and Robert Bruce of the Second I strengthen my saying by these Arguments First it is said that King Edward very wisely when as this great conâ—ention was referred unto his Audience and determination he called together as Hector Boetiâ—s himself writeth the learnedst men of England and of Scotland he sent the State of the Question into France whence he received Answer that Iohn Baliolls Title was the better And because he might be suâ—pected if he should examine the matter alone and give sentence himself he chose 12. English men as Boetius saith or 20. as Holinshed reporteâ—h and as many Scots as English men whom he made Judges of the controversie and they when they had throughly discussed both conpetitors Rights gave Judgment for Iohn Balioll which Award was confirmed by the King Then whenas the King had seen so many Evidences and proofs confirming his Right and Title unto the Soveraignity of Scotland as are before mentioned is it likely that he who had Right to that which he demanded would condition with the Competitors in such manner as is objected Lastly although he had made Iohn Baliâ—ll to enter into such a condition and to binde himselfe thereunto this cannot help the Scots for that it is lawfull for any Man to Claime his Right at any time and to tell him that is likely to detaine and withstand his Right that he shall not have his lawfull Favor unlesse he will be content And this is most lawful in a cause of Contention betwixt the Soveraigne and his Vassal because the Soveraigne must require Homage at his hands and the Vassal is not in some Mens opinion bound to do him homage unlesse it be required The third Objection is Answered with as little difficultie as the rest For the chief Peers of Scotland acknowledged Obedience and homage unto King Edward They consented unto the delivery which Iohn Balioll made unto our king of his kingdom they required our king to be bound as he was in an hundred thousand Marks to deliver the kingdom to thier king again within two moneths and they appointed certain principal Noblemen to receive and keep the Revenues and Profits of the Crown to his use whom King Edward should declare to have best Right thereunto Againe Iohn Balioll was not deprived of his Crown by the States and Nobility of Scotland as Bucanan reporteth but was enforced as Hector Boetius restifieth to resigne all his right in the Crown unto King Edward and to relinquish and give over his kingdom and at the same time all the Nobility of Scotland did swear homage and Obedâ—ence unto our King and Boetius hath nothing to say 〈◊〉 their defence but that our King enforced them thereunto As though it were not lawfull for the Superior to constraine his Vassals and Subjects in case fair means cannot prevaile with them by violence to acknowledge their duty and service unto him But it pleased the Almighty to punish the Scotish disloyalty Inconstancy and Rebellion they revolted often They broke their promise many times They thought it lawfull to delude us with fair words and to deceive us with vaine promises But the eternall who hateth deceivers and deceitfull dealings so prospered all our Attemps against them that our King for a while left them destitute of a King caused them to swear and submit themselves unto some of
his own laws made the Earl of Pembroke whose name was Odomar Valentinian Governor of Scotland and to the end they should have no Memory no Monument nor Testimony of a Royal Majesty he transferred a Seate of Stone whereupon their Kings were wont to sit at their Coronation out of Scotland into England and the same remainth at thâ—s day at Westminster Now to leave these and the like Testimonies because they carry the lesse credit for that they are reported by our own Historiographers I will come to the violent presumptions which may be gathered out of their own Histories First it cannot be denyed that God hath blessed us with many famous and notable Victories against the Scots Then it must be granted that we had alwaies wit enough to make our best advantage of those victories Next it is not likely but that we took the benefit of such advantageâ— And who will think that when we were so often provoked so many times deceived so throughly informed of our Right that we would not claime our Right Againe at the very time of this notable competency betwixt Iohn Balioll and Robert Bruce it is written that Ericus King of Norway sent certain Ambassadors wiâ—h Letters of Commissiâ—n from him to demand the Kingdome of Scotland in the Right of his Daughter Margaret sometimes Wife unto the King of Scots in which Letter he acknowledgeth our King to be Lord and Soveraigne of Scotland And why should there be found Bulls of Excommunication against the Kings of Scotland for not obeying our Kings Or why should it be recorded that two Kâ—ngs of Scotland Carried at severall times the Sword before King Arthur and king Richard at their Coronations Or why is it not probable that Scotland should be as well Subject unto us as Bohemia and Hungaria were unto the Empire Naples and Sicilie unto Rome Burgondy and Navarr unto France the Duâ—edom of Moscovia aâ—d the Marquisate of Brandiburge unto Polâ—nâ—a Portugall unto Spaine and Austria unto Bohemia Or lâ—stly why may it not be thought that as these Kingdoms and Dominions remaine still in their old Subjection and acknowledg their Ancient Soveraigne so Scotland ought to do the like Our Fortune seldome failed us against them They never used us so kindly nor our kings at any time behaved themselves so unwisely that they Resigned their Right and Title unto Scotland as other Princes have done But now to the like advantage of this kind of inferiority as a Frenchman contracting or bargaining with one of our Nation in England maketh himself by this contract and Bargaine a Subject unto our Laws so any man whatsoever offending within our Realm subjecteth himself by reason of his offence unto our Jurisdiction And this is so true that a very mean man being a Judge if a great personage remaining under his Jurisdiction who by reason of his greatness may seem to be freed from his Authority shall commit an offence worthie of Punishment during his abode there the same mean and Inferior Judge may lawfully punish his Offence Example will make this matter more cleer For Example sake then grant that a Bishop abideth a while within an Archdeacons Jurisdiction and there offendeth in some Crime that deserveth Punishment the question may be whether the Archdacon may punish this delinquent For the Negative it may be said that Par in parem non habet protestatem much lesse an Inferior against his Superior and that an Archdeacon is Oculus Episcopi and Major post Episcopum and therefore can have no Authority over a Bishop yet it is resolved that if the Bishop be a stranger and not a Bishop of the Diocesse the Archdeacon hath sufficient Authority and the power to Chastise and Correct his offence but he cannot meddle with him if he be his own Bishop and the reason of the diversity is because his own Bâ—shop is as it were the Archdeacons spirituall Father and it is not Convenient that the Son should have any manner of Authority over the Father Now since it is certaine that where there is the like reason there the like Law shall be I may boldly infer by this Law that the Scottish Queâ—n offending within her Majesties Dominion may be punished by her Grace although she were her farr better I might here before I come unto her voluntary and forcible Resignation of the Crown tell you that she committed many things both before and after her Imprisonment that made a plaine forfeture of her Kingdome But although when I tâ—uched the duties of Vassals in some part I promised to touch the same in this plâ—ce more largely yet for brevitie sake I must omit this large discourse and only tell you that as the French King called our King Iohn in question for the murther commited by him at his Instigation on the person of his Nephew Arthur and forfeited his States in France for his not Apperance or insufficient Answer unto that Crime so if the Scottish Subjects had not deprived their Queen for the Parâ—icide laâ—d to her charge our Queens most excellent Majestie might not only have taken notice thereof but also have punished the same For albeit the Fact was committed without her Highness Realm and Dominion yet the person who was murthered being her Subject and Kinsman her grace might ex eo capite in my simple opinion lawfully have proceeded against the Malefactor And I remember that I saw a man executed at Venice because he killed his own Wife in Turky and the reason why they proceeded against him was the hainousness of the Fact and for that his Wife although she were not so was their naturall Subject And yet I confesse that our Common Laws regard not offences commited without our Realm wherein me thinketh they have small reason For sithence that for a Bargain made beyond the Seas I may have my reâ—edy here why shall not have the benefit of Law for my Child and Kinsman or any other that is near and dear unto me murthered beyond the Seas since the life of a Subject ought to be of far greater value and worth then his goods And if in a Civill action of which the Cause and originall is given beyond the Seas they can 〈◊〉 the Bond and Obligation to be made at Lyons within some Shire in England when indeed the same Lyons which they meane and where the Bond was made is in France why may they not lawfully use the like Fiction in a Criminal Cause But now the third point that Argueth the late Scottish Queens Inferiority unto our Queen She was deposed and therefore no longer a Queen This point hath in it two very strange points It is strange to hear that a Man or a woman being borne a Prince should be deprived and that he which receiveth a Kingdom by his birth should lose the same before his death But because this point hath great affinitie which the third objection that is made against the unfortunate Queens Execution I will forbear to speak thereof untill